sporting purposes clause

[Solus]

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.

The lawyers might not have been able to continue legally?  I mean, they had no stake in the case except as representing the person who was involved.

[tombogan03884]

That's my understanding.

[fightingquaker13]

The lawyers might not have been able to continue legally?  I mean, they had no stake in the case except as representing the person who was involved.

If that were the case the Court would have (should have) mooted it, as there was no longer an issue before it. Roe v Wade hit the Court long after Roe's pregnancy. The opinion notes that the Court was hearing it as "the gestation of a Supreme Court case is longer than that of a child". It was however an exception. The courts don't rule on theory, just facts on the ground, its why standing to bring a suit is so important.
FQ13

[tombogan03884]

As I understood it FQ, the process had already started, with initial hearings, Cert granted, Miller only died before the last phase (oral argument ), so all the briefs had been filed and so on, there simply was no one to answer the Justices question about whether sawed off shotguns served any militia purpose, being of the Generation they were the Justices thought in terms of pre WWI tactics as in the Civil War and assumed not.

[kmitch200]

They knew all about shotguns used in WWI.
The 1897 Win was the original 'trench sweeper' with the Win Mod (19)12 following.

SCOTUS noted that the Stevens dbl barrel, the gun in question cut down shorter than 18" was NOT used by any part of the military.
At the time the military used only pump actions of 18-20".  I presume so the mag could hold 6 rounds.

Miller was killed in OK by 4 shots of 38 - he got off 3-4 shots, (accounts vary), with the 45 auto he had but lost the gun fight.
April 5th, 1939 he was found by a farmhand on the bank of the “nearly dry” Little Spencer Creek, nine miles southwest of Chelsea, Oklahoma.

[Sponsor]