Miller Decision

[AZRedhawk44]

Could it not be inferred that the decision of SCOTUS in Miller that a sawed off shotgun was untenable for militia use would actually be read as a ban on the militia or military from using a short barreled shotgun?

And that if the military does in fact find such a weapon useful today, then Miller could be reversed based on new evidence?

I'm not really itching for a SBS or anything... I don't care for shotguns at all personally.  I just think the language of the case could actually be used to infer a restriction on the GOVERNMENT rather than on the people.

[ilbob]

read the miller decision closely. it does not actually say that. it says something along the lines that no evidence has been introduced to support the contention that the SBS is a weapon useful to militia service. that was important because miller tried to claim his rights under the 2A were violated becasue he was not allowed to have a militia wepaon.

[AZRedhawk44]

Right, but the only arguing attorney in court was for the Government, making the case that a SBS has no merit to the militia.

Can't the Government be made to eat crow in regards to those statements?  Obviously, if they feel it has no merit, it shouldn't be used in the military.  Seems to me they would have to backpedal on the merits of any Miller testimony they might have made.

[Perd Hapley]

How long was Miller's shotgun?