United States v. Miller

Background

Two men were indicted for transporting a short-barreled 12-gauge Stevens shotgun from Claremore, Oklahoma, to Siloam Springs, Arkansas, without registering the firearm or having the required stamp-affixed written order under the National Firearms Act. The District Court sustained a demurrer, held that the Act’s section 11 violated the Second Amendment, and quashed the indictment. The government appealed to the Supreme Court.

Reasoning

The Court addressed whether the National Firearms Act improperly usurped state police power and whether the Second Amendment guaranteed the right to keep and carry the particular short-barreled shotgun at issue. Citing prior decisions about federal taxing and regulatory laws, the Court rejected the claim that Congress had no authority to regulate in this area. It explained that, without evidence showing a reasonable relation between that kind of shotgun and the effectiveness of a well regulated militia, the Second Amendment did not protect keeping such a weapon and that it was not judicially noticeable as ordinary military equipment. The Court therefore disagreed with the lower court and reversed the judgment.

Real world impact

The ruling allows federal enforcement of the Act’s registration, stamp, and transfer rules for short-barreled shotguns carried across state lines in cases like this. The case was reversed and remanded for further proceedings, so prosecutions under the Act may proceed. The opinion was delivered by Justice McReynolds; Justice Douglas took no part in the decision.