sporting purposes clause

[oldhokie]

I was listening this morning to the latest downrange radio podcast and Michael mentioned backdoor gun control.  I think that maybe it is time for a class action lawsuit against the BATFE and the Justice department.  Think about it, where is the constitutional authority for a "sproting purposes clause".  The second amendment does not specify what arms are necessary for a "well regulated militia".  How can any study of sporting purposed totally exclude by convoluted logic competative sports?

[tombogan03884]

SCOTUS in the Miller case specifically upheld the ban on sawed off shotguns due  to the "fact" they served no Military use for the "militia".
Kind of negates the "sporting clause" right there.
But then the country is now governed based on what feels right, rule of law be damned.

[MikeBjerum]

SCOTUS in the Miller case specifically upheld the ban on sawed off shotguns due  to the "fact" they served no Military use for the "militia".
Kind of negates the "sporting clause" right there.
But then the country is now governed based on what feels right, rule of law be damned.

Served no military purpose???

Three important, must have, attributes of a military weapon:

1.  Reliable;
2.  Ease of use and Portability;
3.  Stopping power.

Which of these three does a "sawed off shotgun" not meet?

[Solus]

Served no military purpose???

Three important, must have, attributes of a military weapon:

1.  Reliable;
2.  Ease of use and Portability;
3.  Stopping power.

Which of these three does a "sawed off shotgun" not meet?

4. Might be     In current use by the Armed Forces.     Don't know if they issues sawed off shotguns...or if they did back when the SCOTUS made it's ruling.

[Pathfinder]

4. Might be     In current use by the Armed Forces.     Don't know if they issues sawed off shotguns...or if they did back when the SCOTUS made it's ruling.

Fact is, IIRC the pro-gun side of Miller was never pled before the SCOTUS, as the lawyers for the 3 defendants never showed to plead, and as a result the SCOTUS pretty much had no choice but decide the case they way they did. At least the 1934 Court used the 2A "militia clause" instead of this whole "sporting clause" crap.

Typical of the anti's to control the conversation by inventing this sporting clause crap instead of dealing with the constitutionality of their edicts. Where are the damn lawyers who are supposed to be on our side? Why aren't they filing suits to stop this idiocy in DC?

[Sponsor]

[MikeBjerum]

I took the term "sawed off" as meaning short barreled, since this is the ruling that supports minimum barrel lengths.

[tombogan03884]

The lawyers for Miller did not show up because Miller had been killed while in prison on other charges, the Judges ruled without being informed of the usefulness of short barreled weapons in trench warfare.

[Ulmus]

Then the lawyers for for Miller really screwed up.   

They could've renamed the appeal the "Miller Act".  Played to the sympathies of the media of that time.  "Miller killed in jail for defending his home."  or "Miller murdered in highly secure, gun free zone while awaiting trial for defending his home with a firearm."  and won the case easily.

I bet the lawyer's only collective thought was, "Well.  We're not gonna get paid now.  Let's just drop the whole thing." 

[fightingquaker13]

Then the lawyers for for Miller really screwed up.  

They could've renamed the appeal the "Miller Act".  Played to the sympathies of the media of that time.  "Miller killed in jail for defending his home."  or "Miller murdered in highly secure, gun free zone while awaiting trial for defending his home with a firearm."  and won the case easily.

I bet the lawyer's only collective thought was, "Well.  We're not gonna get paid now.  Let's just drop the whole thing."  

Yup, which mystifies me. Most lawyers would give ten years pay to argue in front of the SCOTUS. Its the freaking Superbowl for lawyers. Win or lose, you still win by being there. Your hourly rates double and you go down in the history bookr to be talked about forever. Just like we're doing now, and who wants to be remembered as "the guy who didn't show up"?  Why these schmos never showed up is a mystery, and it bites us in the butt to this day.
FQ13

[tombogan03884]

The original case against Miller stemmed from a robbery charge, so it's a little difficult to make him sound like the "victim" (lawyers actually had some sort of integrity in those days ).
Also, in those days (1930's ) No one ever conceived of a "gun free zone".
The main reason no lawyers showed to argue the case was there was no one left to represent or pay the bill.