Gun Control & RKBA
In reply to the discussion: Questions for gun control advocates, part 1 [View all]jimmy the one
(2,712 posts)donP: Getting an 8-0 decision in Miller, when there is no legal representation on one side of the case and the plaintiff is dead, doesn't really create a mandate or binding legal precedent.
You don't make much sense overall. Miller crossing state lines w sg was the catalyst behind the 1939 scotus ruling, just as emerson was the catalyst behind the 2008 heller decision. Neither miller nor emerson were sterling characters deserving of anything but a little jail or fines. They became catalysts for the supreme court involvements. There are thousands of cases like petty criminals emerson & miller which have occurred. That miller died is irrelevant to the 1939 scotus opinion I provided. Had emerson died during the heller trial, nothing would've changed.
Emerson was indicted for possession of a firearm while being under a restraining order .. Timothy Emerson moves to dismiss the Indictment against him - an unconstitutional exercise of congressional power under the Second Amendment.. 1998, Emerson's wife, Sacha, filed a petition for divorce and application for a temporary restraining Mrs. Emerson alleged that her husband threatened over the telephone to kill the man with whom Mrs. Emerson had been having an adulterous affair ..
donP: If Miller was really the controlling legal opinion your sort think it is, why hasn't it been cited in any cases in the past decade or so?
Duh, it's been superceded, duh. Dumb question.
donP: And including your (parenthetical) editorial comments doesn't really make the case any more pertinent or relevant Jimmy
Duh, wake up & get some coffee. You & shamash I believe both asked for examples of an official rendering of the militia interpretation, & here it is again:
1939 supreme court, miller, UNANIMOUS 8-0 ruling: The Constitution, as originally adopted, granted to the Congress power --To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.
With obvious purpose to assure the continuation and render possible the effectiveness of such {militia} forces, the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view.
Now provide one, prior to circa 21st century, that spelled out an individual rkba.