United States v. Miller and Short-Barreled Shotguns A Critical Analysis of the U.S. Supreme Court Opinion Including an Evidentiary Presentation Copyright 2003 Brian C. Puckett 2118 Wilshire Blvd. #447 Santa Monica, CA 90403
[email protected] United States v. Miller and Short-Barreled Shotguns – Rev. Oct. 15, 2003 – B. C. Puckett Table of Contents Preface ………………………………………………………………. 1 The Case …………………………………………………………….. 1 The State Constitution Reference ……………………………………. 5 The Two Key Sentences in United States v. Miller …………………. 7 Deconstructing the Sentences ………………………………………. 8 A Closer Look at Certain Problems in the Miller Ruling …………….. 15 Summary of All Problems in the Miller Ruling ………………. 19 Summary of What is RIGHT With the Miller Ruling ……………….. 21 What Would Justice McReynolds Have Accepted as “Evidence”? ….. 22 Short-Barreled Shotguns in Combat and Self-defense ………………. 23 The Blunderbuss ………………………………………………… 24 Early American and Civil War Use …………………………….. 28 Post-Civil War in the American West ……………………………. 33 U.S. Shotguns in WW I, WW II, and Vietnam ……………………. 36 20th Century Law Enforcement Use of Short Shotguns …………. 42 Contemporary Military/Law Enforcement Shotguns …………… 50 The Historical Loss Caused by NFA ’34 and Other Laws …………… 55 Conclusion …………………………………………………………… 56 2 United States v. Miller and Short-Barreled Shotguns – Rev. Oct. 15, 2003 – B. C. Puckett United States v. Miller and Short- Barreled Shotguns By Brian Puckett Both sides of the “gun control” issue have used the U.S. Supreme Court case United States v. Miller1 to support their respective positions. This is possible because of the way the Miller opinion (the complete text explaining the final ruling) was written, and in particular because of the way the two key sentences of the opinion were written.