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KSFreeman · November 24, 2002, 10:30 AM

The current Supreme Court test is weaponcentric: does this weapon have some reasonable relationship to a militree purpose. The Supreme Court, hearing only the government's side, decided that a SBS had no militree application. Our TFL combat veterans could argue otherwise. See, e.g., Burks v. State, 36 S.W.2d 892, 894 (Tenn. 1931) (12.5" barrelled shotgun is a constitutionally protected weapon).

However, this definition is far too narrow. As we know here, every firearm has a militree purpose from the Remington 700 Sarah Brady purchased for her child to a Ruger MkII .22 pistol.

"The pistol known as the repeater is a soldier's weapon" and as such is protected. Andrews v. State, 50 Tenn. (3 Heisk.) 165, 168 (1871). "[G]uns of every kind, swords, bayonets, horeseman's pistols, etc." are protected arms. Hill v. State, 53 Ga. 473, 474 (1874).

The Supreme Court of North Carolina probably has the best handle on it. "But the ordinary private citizen, whose right to carry arms cannot be infringed upon, is not likely to purchase these expensive and most modern devices just named [arty, submarines, airplanes]. To him the rifle, the musket, the shotgun, and the pistol are about the only arms which he could be expected to `bear', and his right to do this is that which is guaranteed by the Constitution." State v. Kerner,107 S.E. 222 (N.C. 1921).

November 24, 2002, 10:30 AM	#17
KSFreeman Senior Member Join Date: June 9, 2001 Location: Lafayette, Indiana--American-occupied America Posts: 5,418	The current Supreme Court test is weaponcentric: does this weapon have some reasonable relationship to a militree purpose. The Supreme Court, hearing only the government's side, decided that a SBS had no militree application. Our TFL combat veterans could argue otherwise. See, e.g., Burks v. State, 36 S.W.2d 892, 894 (Tenn. 1931) (12.5" barrelled shotgun is a constitutionally protected weapon). However, this definition is far too narrow. As we know here, every firearm has a militree purpose from the Remington 700 Sarah Brady purchased for her child to a Ruger MkII .22 pistol. "The pistol known as the repeater is a soldier's weapon" and as such is protected. Andrews v. State, 50 Tenn. (3 Heisk.) 165, 168 (1871). "[G]uns of every kind, swords, bayonets, horeseman's pistols, etc." are protected arms. Hill v. State, 53 Ga. 473, 474 (1874). The Supreme Court of North Carolina probably has the best handle on it. "But the ordinary private citizen, whose right to carry arms cannot be infringed upon, is not likely to purchase these expensive and most modern devices just named [arty, submarines, airplanes]. To him the rifle, the musket, the shotgun, and the pistol are about the only arms which he could be expected to `bear', and his right to do this is that which is guaranteed by the Constitution." State v. Kerner,107 S.E. 222 (N.C. 1921). __________________ "Arguments of policy must give way to a constitutional command." Payton v. New York, 445 U.S. 573, 602 (1980).