"The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. He does not derive it from the State government. It is one of the high powers delegated directly to the citizen, and is excepted out of the general powers of government. A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the lawmaking power."- Cockrum v. State, 24 Tex. 394 (1859).
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Here's hoping that DC vs. Heller renders an identical finding in the SCOTUS!
US versus Miller, 1939, was the first and only Supreme Court case to address the 2nd Amendment, in response to a criminal prosecution of Jack Miller under the new National Firearms Act of 1934, that was hastily thrown together to quell the soccer mom outcry over the St. Valentines Day Massacre.
The verdict was so confusing as to cause both the Anti's and gun owners to claim partial victory. After laying down so wishy-washy a finding, the Court then handed it over to the federal district court for "further proceedings", but Miller died and his do-defendant copped a plea, so nothing was forthcoming.
THIS time around, there's too much at stake, WE are far more united than we were back in the 30's, and whichever decision they come to, will literally shake the nation.
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