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The
Below Comments Relate to this Newslink:
| Comment by:
PHORTO
(8/27/2019)
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Per U.S. v. Miller (1939), so-called "assault weapons" are within the ambit of Second Amendment protection, which provides that arms in common use that have militia utility or are any part of the ordinary military equipment and could contribute to the common defense are those the amendment was intended to guarantee. The ruling closed with the dictat that the 2A must be applied using the criteria it had set forth.
"With obvious purpose to assure the continuation and render possible the effectiveness of these [militia] forces, the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view." - U.S. v. Miller (1939)
AR-15s and the like are textbook examples of this description. |
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| QUOTES
TO REMEMBER |
| For, in principle, there is no difference between a law prohibiting the wearing of concealed arms, and a law forbidding the wearing such as are exposed; and if the former be unconstitutional, the latter must be so likewise. But it should not be forgotten, that it is not only a part of the right that is secured by the constitution; it is the right entire and complete, as it existed at the adoption of the constitution; and if any portion of that right be impaired, immaterial how small the part may be, and immaterial the order of time at which it be done, it is equally forbidden by the constitution. [Bliss vs. Commonwealth, 12 Ky. (2 Litt.) 90, at 92, and 93, 13 Am. Dec. 251 (1822) |
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