1. Attention: We have put together a thread with tips and a tutorial video to help with using the new software. Please take a moment to check out the thread here: Trapshooters.com Tutorial & Help Video.
    Dismiss Notice

A couple of interesting Supreme Court decisions..

Discussion in 'Politics, Elections & Legislation' started by 8 Straight, Feb 8, 2013.

Thread Status:
Not open for further replies.
  1. 8 Straight

    8 Straight Active Member

    Joined:
    Nov 15, 2009
    Messages:
    355
    Location:
    NW PA
    I hope the cut and paste of this formats into a readable thing:

    TWO SUPREME COURT DECISIONS THE ANTI-GUNNERS DON'T WANT YOU TO SEE

    Carl F. Worden

    January 15, 2013

    There are two Supreme Court rulings that directly relate to the current anti-Assault Weapon issue everyone needs to be reminded of.

    The first is United States v. Miller 1939. Miller possessed a sawed-off shotgun banned under the National Firearms Act. He argued that he had a right to bear the weapon under the Second Amendment, but the Supreme Court ruled against him. Why? At the time, sawed-off shotguns were not being used in a military application, and the Supremes ruled that since it didn't, it was not protected. Even though Miller lost that argument, the Miller case set the precedent that protected firearms have a military, and thus a legitimate and protected Militia use. The military now uses shotguns regularly, but not very short, sawed-off shotguns, but an AR-15/AK-47 type weapon is currently in use by the military, therefore it is a protected weapon for the Unorganized Militia, which includes just about every American citizen now that both age and sex discrimination are illegal. (The original Militia included men of age 17-45) Therefore any firearm that is applicable to military use is clearly protected under Article II, and that includes all those nasty-looking semi-automatic black rifles, including full 30 round magazines.

    The second important case is that of John Bad Elk v. United States from 1900. In that case, an attempt was made to arrest Mr. Bad Elk without probable cause, and Mr. Bad Elk killed a policeman who was attempting the false arrest. Bad Elk had been found guilty and sentenced to death. However, the Supreme Court ruled that Bad Elk had the right to use any force, including lethal force, to prevent his false arrest, even if the policeman was only trying to arrest him and not kill him. Basically, the Supremes of the day ruled that as a citizen, you have the right to defend against your civil rights being violated using ANY force necessary to prevent the violation, even if the offending party isn't trying to kill you.

    Both of these cases are standing law to this day.

    The Miller decision clearly includes AR-15/AK-47 type weapons as having a military application. The Bad Elk decision means that if the government tries to confiscate your AR-15/AK-47, or arrest you for having one, you can kill the offenders on the spot, even if they are not trying to kill you.

    I didn't make these decisions; the United States Supreme Court did.
     
  2. Rick Barker

    Rick Barker Well-Known Member

    Joined:
    May 25, 2009
    Messages:
    14,383
    The US military was using shotguns long befor the Miller case. They were used by the US in WWI and the Brits as well, but there some references that the Brits used sawed off shotguns in some cases.
     
  3. AJKohler

    AJKohler Member

    Joined:
    Jan 29, 1998
    Messages:
    330
    Miller's real problem was that his side had no representation at SCOTUS. The Government could argue whatever it wanted with nobody to contest it.

    Tony
     
Thread Status:
Not open for further replies.