!Jones <¡
Jo...@fubahor.com> wrote in
news:gkca0ctkep426pftt...@4ax.com:
> x-no-idiots: yes
>
> On Mon, 17 Oct 2016 11:13:12 -0500, in talk.politics.guns RD Sandman
> <
rdsa...@comcast.net> wrote:
>
>>> Well, the term "militia" has certainly evolved; wasn't it in Miller
>>> where SCOTUS asserted that the second amendment no longer depended on
>>> militia membership?
>>
>>That was stated firmly in Heller.
>
> I was thinking it predated Heller.
Here it is in Heller:
Held:
1. **The Second Amendment protects an individual right to possess a
firearm unconnected with service in a militia,** and to use that arm for
traditionally lawful purposes, such as self-defense within the home. Pp.
2–53. [emphasis mine]
(a) The Amendment’s prefatory clause announces a purpose, but does
not limit or expand the scope of the second part, the operative clause.
The operative clause’s text and history demonstrate that it connotes an
individual right to keep and bear arms. Pp. 2–22.
(b) The prefatory clause comports with the Court’s interpretation
of the operative clause. **The “militia” comprised all males physically
capable of acting in concert for the common defense. The Antifederalists
feared that the Federal Government would disarm the people in order to
disable this citizens’ militia, enabling a politicized standing army or a
select militia to rule. The response was to deny Congress power to
abridge the ancient right of individuals to keep and bear arms, so that
the ideal of a citizens’ militia would be preserved. Pp. 22–28.**
[emphasis mine and agrees with a similar statement in Miller...namely
that "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."]
Miller was the sawed-off shotgun
> thingy and he was saying "but I'm in the militia" and the fed was
> saying "there is no military use for a sawed-off shotgun."
The fed said that there was no known use for a sawed off shotgun in the
military ignoring the "trench sweeper". One reason was that there was no
appearance at that trial by the appellees. Ergo, only one side was
presented of that argument was presented.
http://caselaw.findlaw.com/us-supreme-court/307/174.html
Court told
> both of 'em to STFU and he didn't *have* to be in a militia, then
> upheld the conviction under the "well regulated" part of the clause.
Why would the Court have said that to a side that didn't show up?
Here is what the Miller Court said:
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. Aymette v. State of Tennessee, 2 Humph., Tenn., 154,
158.
> Heller essentially said that prohibiting *all* guns exceeded "well
> regulated" and crossed into "infringed".
Why don't you state what the Heller Court *actually* said? It is
available on the internet.
> Neither would apply to a simple, 20-second background check to see if
> the buyer is legal.
I am not one who made that claim.
--
RD Sandman
Airspeed, altitude and brains....two of the three are always
required to complete a mission.