Interpreting The 5th Amendment And The Rights Of A Free State, The Right Of The People

1484 Words6 Pages
Interpreting the 2nd Amendment and how to define “A well regulated Militia
Being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.” Has been a constant battle between the courts and
Citizens for years starting with United States v. Miller, 307 U.S. 174 (1939)
In US VS. Miller the defendant Jack Miller and Frank Layton were accused of
Knowingly, and Willfully transporting firearms over state borders without proper
Documentation. The courts ruled against Miller they opinon read "did unlawfully,

knowingly, willfully, and feloniously transport in interstate commerce from the

town of Claremore in the State of Oklahoma to the town of Siloam Springs in the

State of Arkansas a certain firearm, to-wit, a double barrel 12-gauge Stevens

shotgun having a barrel less than 18 inches in length, bearing identification

number 76230, said defendants, at the time of so transporting said firearm in

interstate commerce as aforesaid, not having registered said firearm as required

by Section 1132d of Title 26, United States Code (Act of June 26, 1934, c. 737,

Sec. 4 [§ 5], 48 Stat. 1237), and not having in their possession a stamp-affixed

written order for said firearm as provided by Section 1132c, Title 2, United

States Code (June 26, 1934, c. 737, Sec. 4, 48 Stat. 1237) and the regulations

issued under authority of the said Act of Congress known as the 'National

Firearms Act, ' approved June 26, 1934,
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