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Line 1: − In ''United States v. Miller'', 307 U.S. 174 (1939), the [[U.S. Supreme Court]] reversed the District Court's invalidation of the National Firearms Act, enacted in 1934. The Court held that the [[Second Amendment]] did not guarantee a citizen's right to possess a sawed-off shotgun because that weapon had not been shown to be "ordinary military equipment" that could "contribute to the common defense." ''Id.'' at 178. + − + − The facts of the case actually concerned the constitutionality of a federal tax on sawed-off shotguns, which in this case was a double barrel 12-gauge Stevens shotgun having a barrel less than 18 inches in length. The National Firearms Act, which was a revenue measure, was challenged by Miller as an attempt to usurp police power reserved to the States and thus beyond congressional power under [[Commerce Clause]], and as a violation of the substantive right protected by the [[Second Amendment]]. The Court rejected both arguments, citing laws passed in the 1780s (just a few years prior to the adoption of the [[Second Amendment]] in [[Massachusetts]], [[New York]] and [[Virginia]] that emphasize the importance of militias.+ − + − Justice [[James McReynolds]] wrote the opinion for the unanimous Court. Justice [[William O. Douglas]] has been newly appointed to the Court and did not participate in the decision.+ − + − The Court did not address this issue again prior to 2008.+ − + − + + + + + + + + + +
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[http://expelledexposed.com Expelled]
[http://expelledexposed.com Expelled]
[http://expelledexposed.com Expelled]
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[[category:United States Supreme Court Cases]]
[http://expelledexposed.com Expelled]
[[category:Second Amendment]]
[http://expelledexposed.com Expelled]
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[http://expelledexposed.com Expelled]
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[http://expelledexposed.com Expelled]
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[http://expelledexposed.com Expelled]
[http://expelledexposed.com Expelled]
[http://expelledexposed.com Expelled]