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Supreme Court Case Essay: The Right To Bear Arms

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Logan Waldrip 5th March 14, 2018 Supreme court case essay In 1939, the court case United States vs. Miller was brought to trial it involved the second amendment right ( the right to bear arms). The case was started in the U.S state of Arkansas when two male individuals Jack Miller and Frank Layton were traveling in a vehicle down interstate commerce and were abruptly stopped. They had a sawed off double barrel 12 gauge shotgun in their possession. With them being caught they were charged by a federal district court. Miller and Jack were accused of the violation of the National firearms act (NFA) which prohibits the possession of any such shotgun with a barrel less than 18 inches long otherwise known as sawed off. Furthermore about the National Firearms act, was established in 1934 . Its purpose? Was to be the first restriction on firearms but two specific types of firearms, any such shotgun with a barrel less than 18 inches and any type of machine gun …show more content…

Government lawyers begged to differ claiming that the 2nd amendment right did not imply to the individual right it was a “collective” right. That weapons such as rifles are used as common (war) defense not to be used as self defense so therefore the rights are meant to be used for militaristic power. However the supreme court overturned the lower court's ruling and claimed that the act was actually constitutional. However the court agreed that the National Firearms Act was put in place to keep states from pre forming militias not for the meaning of taking it away from personal possession therefore the act could be misunderstood under militia services. Then again the court also agrees that even a militia is made of a group of free men that would provide their own weapon stating they were unsure of militaristic

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