When you get right down to it, when the 2nd amendment was written the weapons in private homes were exactly the same as those used in the military. Just banning automatic weapons was the start of the erosion of the rights under the amendment.
Repeat it loud and clear!
that is the question that was asked in miller
was his shotgun of use to the military
it was sent back to the lower courts to find out
the question was never answered
Ridiculous. But always being positive, you can pick up a 870 on the cheap right now.
that was the question that was not answered
the lower court said his sawed off shotgun was a useful military weapon
making it a protected class of firearms and let miller off the hook
so it was appealed to the SC
the SC found that
no evidence was offered in the lower court to prove a short barreled shotgun
was a common military weapon
so the SC could not make a determination
and remanded the case back to the lower court
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.
United States v. Miller, 307 U.S. 174 (1939)