Miller vs. the United States is considered a landmark case in regards to the Second Amendment of the United States Constitution. It was the first Supreme court case that involved a violation of the NFA instituted by FDR, and questioned the constitutionality of the NFA as a whole.
In 1939 Jack Miller and Frank Layton were arrested transporting a twelve gauge double barreled sawed off shotgun. The gun itself wasn’t in violation of the NFA but the modification to the gun is what ended up causing the violation led to them being arrested. The sawed off shotgun is a shotgun with a barrel that has been modified with a hacksaw to shorten the barrel and increase its scattering potential when fired, making it extremely lethal in close quarter encounters. Such a gun falls under the “short barreled shotgun” section of restriction as described in the NFA.
“a shotgun having a barrel or barrels of less than 18 inches in length”
“a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length.”
– NFA
Miller and Layton argued that the 2nd amendment allows them to carry such a weapon and that the NFA is unconstitutional because it restricts their right to bear arms.
The supreme court refuted their argument by saying that the possession of a sawed off shotgun is against the law and that restricting ownership of such a weapon doesn’t violate the Second Amendment. This is because ownership of such a firearm doesn’t reasonably relate to the preservation and/or efficiency of a well regulated militia.
This decision was controversial, but also seen as beneficial by gun rights activists. Its seen as beneficial because it secures the rights of states to bear arms that are involved in the upkeep of a well regulated militia. However, gun rights activists also note that two of the judges responsible for the decision served in WW1, and its well known that shotguns were used in WW1 that may have violated the mandatory barrel length, but there was no way to know if the two judges personally knew of the use of these weapons in the war.
If it was proved that the judges did have knowledge this case may have been overturned because it would prove that weapons with these barrel lengths DO have a direct relationship with a well regulated militia, and thus if this conclusion were to be reached, the NFA in itself would have to be redrafted and Miller and Layton would have been free men.
“Bureau of Alcohol, Tobacco, Firearms and Explosives.” National Firearms Act (NFA) | Bureau of Alcohol, Tobacco, Firearms and Explosives. N.p., n.d. Web. 09 Mar. 2017.
“Felix Frankfurter.” Oyez.org. N.p., n.d. Web. 09 Mar. 2017.
“Hugo L. Black.” Oyez.org. N.p., n.d. Web. 09 Mar. 2017.
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