Originally Posted by Zak Smith
You make a compelling argument, but Miller is history-- I mean that literally in that the opportunity is passed.
I believe that if you read Heller and listen to the oral arguments, you will get a better idea of what potentialities might exist.
I do not think the opportunity has passed.
I think the opportunity has never been persued
I did read Heller.
There are three main components to the 2nd Amend.
Do not Infringe.
Heller and McDonald have settled "Keep" to the extent that the Supreme Court, and now all lower jurisdictions, must honor our right to Keep arms on the INside of our own front doors.
The next to be decided will be "Bear". Which will happen when the cognizant Courts recognize that the 2nd Am says nothing
about which side of a door it applies to.
The 42 States that now have "shall issue" CCW laws have already
writing on the wall and have not waited for the SCotUS to rule on it.
Once it is established that both "Keep" and "Bear" are constitutionally protected rights
on a par with freedom of religion, etc., the time will then
be right to challenge this cockamamie notion that the gub'mint can control what kind
!) arms we have the right
to keep and bear and yet consider that that very control is not an "infringement".
At which point their own
argument in "Miller" is going to be used to blow "Miller" right out of the water. And along with it, the 1986 MG "ban" and the Tax portion of NFA 34 as well.
I think the NFA process
itself will remain intact.
However, new manufacture of NFA weapons will resume and the process will be "shall issue" just as CCW now is in those 42 States.
Mark my words. See if that does not happen within, say, the next 10 years.
Any relation to L. Neil Smith? Last I heard, he lives in Ft. C as well.
This being GLOCK Talk, did you make it over to the Glock Sport Shooting Foundation match over the other side of Greeley last week?