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To: Dilbert San Diego
But, doesn’t the Supreme Court need to hear the case to overturn the precedent set in a 1930s era case that individuals do not have an absolute right to have a firearm?

The Miller case doesn't say any such thing. That's gun prohibitionist spin.

The case deal with the type of gun, a sawed off shotgun. The SCOTUS ruled that it had no evidence before it to lead it to conclude that such a weapon was useful in warfare and therefore a suitable weapon for a "well-regulated militia."

(Of course, Miller was gone and he had no legal representation to present such evidence.)

19 posted on 05/08/2007 10:36:20 AM PDT by SoothingDave (She was a fishmonger)
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To: SoothingDave

But, doesn’t the Supreme Court need to hear the case to overturn the precedent set in a 1930s era case that individuals do not have an absolute right to have a firearm?

The Miller case doesn’t say any such thing. That’s gun prohibitionist spin.


Exactly. The Feds tried to argue that Miller did not have the right to a short shotgun because he was an individual, and not a member of the militia. This argument FAILED, and SCOTUS ruled only that the gun lacked military usefulness, and was prohibitable on that basis.


64 posted on 05/08/2007 2:44:32 PM PDT by Atlas Sneezed (Your FRiendly FReeper Patent Attorney (...and another "Constitution-bot"))
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