Thursday, June 26, 2008

DC v Heller was announced today. 5-4, Scalia gets it right and upholds a right to bear arms (although apparently he will then give away most of the right - so far I'm just at page 52 of 157.) It's a nice opinion, if overly long, citing great minds like Volokh and Lysander Spooner.
I have a minor quibble though:
Miller did not hold that and
cannot possibly be read to have held that. The judgment
in the case upheld against a Second Amendment challenge
two men’s federal convictions for transporting an unregistered
short-barreled shotgun in interstate commerce, in
violation of the National Firearms Act, 48 Stat. 1236.

He's factually wrong here, just as he was factually wrong in Crawford about whether Indiana offers free IDs.
Miller had not been convicted. Charges against Miller had been dismissed. The dismissal was reversed. Before an evidentiary hearing could take place (to establish that a sawed-off shotgun is a militia weapon, which it is), Miller was gunned down by his enemies, because his sawed-off shotgun had been taken from him and he only had a pistol.

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