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To: 2nd_Amendment_Defender
WE SHOULD SAY: "Actually, the Founders discussed this very issue - it's in the Federalist Papers. They wanted the citizens to have the same guns as were the issue weapons of soldiers in a modern infantry. Soldiers in 1776 were each issued muskets, but not the large field pieces with exploding shells. In 1996, soldiers are issued M16s, M249s, etc. but not howitzers and atomic bombs. Furthermore, according to your logic, the laws governing freedom of the press are only valid for newspapers whose presses are hand-operated and use fixed type. After all, no one in 1776 foresaw offset printing or electricity, let alone TV and satellite transmission."

In the opinion of the Supreme Court in U.S. vs Miller, the following excerpts are found:

"The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. 'A body of citizens enrolled for military discipline.' And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time."

"In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense."

Therefore, according to the opinion of the Supreme Court in U.S. vs Miller, every physically capable adult male has not only the right, but the duty, to keep and bear an M16, the weapon in common use by the military at this time. There is also a great degree of certainty that the Supreme Court would have also ruled for Miller had the government attorneys properly informed the court that sawed-off shotguns were also used by the military in previous wars.

27 posted on 04/14/2003 7:43:58 AM PDT by PhilipFreneau
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To: PhilipFreneau
When was this opinion written?
30 posted on 04/14/2003 8:36:10 AM PDT by uncbuck ("Lady, I'm not an athlete, I'm a baseball player." -- John Kruk)
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