United States v. Miller Second Amendment to the United States Constitution

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in united states v. miller, 307 u.s. 174 (1939), supreme court rejected second amendment challenge national firearms act prohibiting interstate transportation of unregistered title ii weapons:



jack miller , frank layton did unlawfully ... transport in interstate commerce ... claremore ... oklahoma ... siloam springs ... arkansas firearm ... double barrel ... shotgun having barrel less 18 inches in length ... @ time of transporting said firearm in interstate commerce ... not having registered said firearm required section 1132d of title 26, united states code ... , not having in possession stamp-affixed written order ... provided section 1132c ...



in unanimous opinion authored justice mcreynolds, supreme court stated objection act usurps police power reserved states plainly untenable. court explained:



in absence of evidence tending show possession or use of shotgun having barrel of less eighteen inches in length @ time has reasonable relationship preservation or efficiency of regulated militia, cannot second amendment guarantees right keep , bear such instrument. not within judicial notice weapon part of ordinary military equipment or use contribute common defense.



gun rights advocates claim court in miller ruled second amendment protected right keep arms part of ordinary military equipment. claim court did not consider question of whether sawed-off shotgun in case applicable weapon personal defense, instead looking solely @ weapon s suitability common defense. law professor andrew mcclurg states, certainty miller failed give either side clear-cut victory. modern scholars recognize fact.








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