Twitter feed: Claim that “Assault Weapon” Definition is Unimportant

Ammoland ^ | 9 August, 2019 | Dean Weingarten

[Openurmind]

Honestly, I am not familiar with it. Could you share a short summary if you have one?

[Openurmind]

I found it... :) Thank you!

[Trailerpark Badass]

Exactly, and the only definition of “assault weapon” that matters is the one written into law. The stupid petty quibbling that “assault weapon” equals “sekect-fire,” apart from being factually spurious, is a loser’s argument, at multiple levels.

[MileHi]

And the court held that it was OK to ban sawed-off shotguns because they weren’t in common military use.

The court said they had no evidence that short barreled shotguns were in military use because Miller was dead and no one showed up to argue his case.

[hanamizu]

Yes, I was aware of Miller’s death. II was just stating the court’s (lower level?) justification for the ban. Actually this should make the banner’s job easier. Can’t have weapons that are military in nature and can’t have weapons that aren’t military in nature—a perfect Catch 22.

[MileHi]

The Miller court got it right, that if they had evidence that short barreled shotguns had military use then the ban would be unconstitutional.

Courts since have mis-cited Miller to reach the opposite conclusion.

http://guncite.com/journals/dencite.html

[William Tell]

"And the court held that it was OK to ban sawed-off shotguns because they weren’t in common military use."

Actually, what you just said is the lie which was told by the inferior courts and which the Supreme Court has failed to correct since 1939.

The Miller case was actually remanded back to the District Court in order to determine whether short-barreled shotguns were useful to a Militia. The District Court took no further action and other courts lied about the meaning of the Miller decision.

The Heller decision, without making it obvious, actually partially reversed Miller. According to Heller, self defense in the home constitutes a justification for Second Amendment protection apart from any usefulness to a Militia or membership in a Militia.

If a case identical to Miller were to reach the Supreme Court again, the Court would be obligated to consider whether short-barreled shotguns are useful for self-defense in the home.