Reply #7: Too bad for gun nuts this "individual right" is a pantload.... [View All]

[MrBenchley]

"Judge Sullivan wrote: "his Court would be in error to overlook sixty-five years of unchanged Supreme Court precedent and the deluge of circuit case law rejecting an individual right to bear arms not in conjunction with service in the Militia." "


"The Supreme Court has twice been presented with the opportunity to re-examine Miller and has twice refused to upset its holding. In Lewis v. United States, the Court concluded that a statute that criminalizes possession of a firearm by a convicted felon " trench on any constitutionally protected liberties." 445 U.S. 55, 65 n.8, 63 L. Ed. 2d 198, 100 S. Ct. 915 (1980)(citing Miller and three lower court cases rejecting Second Amendment challenges.) Further, the Court dismissed an appeal in which a state court held that the Second Amendment did not confer a right to bear arms unrelated to Militia service for "want of a substantial federal question." Burton v. Sills, 394 U.S. 812, 22 L. Ed. 2d 748, 89 S. Ct. 1486 (1969). <*8> Had the Court thought that the Second Amendment created an individual right that was infringed, the Court could not have reached these conclusions."


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