United States v. Miller, 307 U.S. 174 (1939)

[discntnt_irny_srcsm]

https://supreme.justia.com/cases/federal/us/307/174/#tab-opinion-1936361

Justia Opinion Summary and Annotations

Annotation
Primary Holding

Only weapons that have a reasonable relationship to the effectiveness of a well-regulated militia under the Second Amendment are free from government regulation.

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

An indictment in the District Court, Western District Arkansas, charged that Jack Miller and Frank Layton
"did unlawfully, knowingly, willfully, and feloniously transport in interstate commerce from the town of Claremore in the State of Oklahoma to the town of Siloam Springs in the State of Arkansas a certain firearm, to-wit, a double barrel 12-gauge Stevens shotgun having a barrel less than 18 inches in length, bearing identification number 76230, said defendants, at the time of so transporting said firearm in interstate commerce as aforesaid, not having registered said firearm as required by Section 1132d of Title 26, United States Code (Act of June 26, 1934, c. 737, Sec. 4 [§ 5], 48 Stat. 1237), and not having in their possession a stamp-affixed written order for said firearm as provided by Section 1132c, Title 2, United States Code (June 26, 1934, c. 737, Sec. 4, 48 Stat. 1237) and the regulations issued under authority of the said Act of Congress known as the 'National Firearms Act,' approved June 26, 1934, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States.

... ... ...

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, 2 Humphreys (Tenn.) 154, 158.

Please take note of the following from the court:

1> Only weapons that have a reasonable relationship to the effectiveness of a well-regulated militia under the Second Amendment are free from government regulation.
2> In the absence of any evidence...

I highlight #1 to report the court's opinion of what weapons should remain unregulated, in the words of the unanimous Supreme Court, from a case which many favoring everything from outright bans to limits, restrictions and permits often quote.
Ask yourself, "What weapons are appropriate for the state militia?". Such weapons are the ones which "are free from government regulation".

I highlight #2 to indicate that the court pointed to the lack of evidence presented as contributing to the decision. Miller was a known criminal. He had given evidence in court against other criminals. He was a known target for retribution. This is rather well proven by his murder which took place in April of 1939. Miller's appearance in court was prevented by his death. His counsel did not appear either. The only arguments and evidence were presented by the government prosecutor.

For further background see: https://en.wikipedia.org/wiki/United_States_v._Miller