Joseph E. Olson writes:
> http://online.wsj.com/article/SB121642051369066401.html
That's an interesting interview - but it contains one very common
misinterpretation:
Taranto wrote:
"The Supreme Court had not addressed the question since
1939, when it held, in U.S. v. Miller, that sawed-off
shotguns were not appropriate for use in a militia and
therefore could be banned."
The Court wrote:
In the absence of any evidence tending to show that
possession or use of a "shotgun having a barrel of less than
eighteen inches in length" at this time has some reasonable
relationship to the preservation or efficiency of a well
regulated militia, we cannot say that the Second Amendment
guarantees the right to keep and bear such an instrument.
Certainly it is not within judicial notice that this weapon
is any part of the ordinary military equipment or that its use
could contribute to the common defense.
There is a glaring difference between "we cannot say that the Second
Amendment guarantees the right to keep and bear" and "held ... could be
banned."
At the time of that case and before (i.e. WW I), short barreled
shotguns ("trench guns") were in use by the US Military. But remember,
in Miller, there was "No appearance for appellees."
I don't know how long were the (double) barrels of Miller's shotgun -
just "less than eighteen inches". I've read that military trench guns
of that time generally had a barrel of about 18"-20" - but we know that
modern ones are sold (to the military) with barrels as short as 14"
( e.g. http://club.guns.ru/eng/hkm4.html ) So it could very well be
that Miller's shotgun's barrel length was consistent with military
usage. The apparent reason for keeping the barrel length longer was
that the longer magazine (under the barrel) allowed for more rounds of
ammunition.
--
--henry schaffer
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