beerslurpy
member
My rebuttal to ACLU position on 2nd amendment. I'll never give a penny to those worms.
Miller didnt create the "relation to a well regulated militia" test. That was a misinterpretation created during subsequent lower court applications of miller. US v Rambo, US v Hale etc where the lower courts basically decided that the act of possession had to have a locus to the maintenance of a state military apparatus.
Miller ACTUALLY says that the test is one of whether the weapon itself may be used for a military purpose. After spelling out that the militia is "the whole people" traditionally armed "with weapons supplied by themselves" they state:
The right to possess a particular implement hinges upon whether that implement is useful in a military sense. This is essentially a straight copy of the reasoning from Aymette, in which the banning of concealed bowied knives was deemed to not infringe upon the right to keep and bear arms.In the absence of any evidence tending to show that possession or use of a “shotgun having a barrel of less that 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.
Note that the first inferior court to apply Miller explictly rejects this test as meaningless in light of evidence that nearly any weapon can be put to some military use. 1942, US V Cases 1st circuit
And there goes the 2nd amendment.At any rate the rule of the Miller case, if intended to be comprehensive and complete would seem to be already outdated, in spite of the fact that it was formulated only three and a half years ago, because of the well known fact that in the so called "Commando Units" some sort of military use seems to have been found for almost any modern lethal weapon.