United States v. Miller: Which Side of the Gun Debate Does It Support?

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As discussed last week, legal challenges are sure to follow any new gun control legislation enacted by Congress or the states. In addition to District of Columbia v. Heller, courts will also likely look to the earlier decision of United States v. Miller.

Much like Heller, the decision offers something for both sides in the gun debate.

Advocates of gun control assert that the decision supports federal firearms regulation and the notion that the Second Amendment does not extend to all types of guns. Meanwhile, gun rights supporters point to the Supreme Court’s recognition that gun ownership is essential to the “preservation of a well-regulated militia.” They also claim that the justices were not made aware that the gun at issue was commonly used by the military.

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Published In: Constitutional Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Donald Scarinci, Scarinci Hollenbeck | Attorney Advertising

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