Gun Control & RKBA
In reply to the discussion: A common question to both sides... [View all]gejohnston
(17,502 posts)the SC is mostly based on precedent. Citizens United started with a margin note in the 19th century to Buckley v Vallejo to this.
there has never been a SC case supporting the collective theory, only reasonable restrictions are allowed. In US v Miller in 1939, the lower courts ruled NFA violated the 2A. Miller was a non decision that kicked it back to the lower courts. Since Miller was dead and no council for him was at the SCOTUS.
All Heller and McDonald said was bans are unreasonable restrictions (as predicted by the drafters of NFA, the reason why they went with huge tax and registration instead of a ban. They knew a ban would not stand up if challenged). Heller, like 1894's Texas v Miller (a different Miller violating Texas' handgun licensing law of the era) allowed ruled licensing is a reasonable restriction. The thing that I never understood about that is why Miller bothered to challenge the law. Having an unlicensed pistol in Texas was the least of his problems. He was a poor white guy (with a SO of color) that shot and killed a Dallas cop.