The end of Miller

U.S. versus Miller is essentially gone as guidance for interpreting the 2nd Amendment. To replace it we have the much superior D.C. v. Heller.

To celebrate Kimberly Joe and Joseph Kim went out to the Boomershoot site. This is their story told with pictures.

This is Kimberly Joe making explosives and putting it in zip lock bags and cardboard boxes.

This is the Alcohol, Tobacco, and Explosives required for appropriate celebration.

Here is the Firearm portion of the celebration.

This is end of the AT&E.

Remnants of Miller.

Remnants of the explosives.

Remnants of the tobacco.

Shooters and firearms post Miller and Heller.


8 thoughts on “The end of Miller

  1. I’ll take one some exception to Heller being superior to Miller, and it’s mostly in this one area. See, I read Miller (perhaps too hopefully) as referring to arms “of a type in common use at the time” by the military, not by civilians. Miller asked whether the arm in question was “any part of the ordinary military equipment or that its use could contribute to the common defense.” Respondents’ brief substituted “and” for the “or”, and that’s what Heller now says. Miller seemed to me to allow “ordinary military equipment”.

    While I do find Miller weak in other areas, it did seem to leave more room to get NFA overturned. Also, I saw Miller’s weakness as a good thing, precisely because it wasn’t much of a ruling — meaning it didn’t intrude on the 2nd, except for short-barreled shotguns, though it did leave NFA intact. I don’t know that I can blame the Miller court for that, because courts rule on the case at hand — true for Heller as well. But in dicta, Heller provides a more restrictive definition of arms, and I think that’s what’s going to stick.

  2. Jed, I would agree with you if Miller were read as original intended. But it has been so twisted that it was useless to us. So because Miller was so folded, spindled, and mutilated Heller is superior for our purposes at this point in time.

    I don’t think Heller rules out getting NFA toys back but certain it will be numerous court cases building the foundation before it has a chance of happening.

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