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OK... I'm curious: What does the Caetano ruling mean for the NFA?
So... My understanding is in Miller v. US it was ruled that the 2nd amendment protected only military-style weapons (thus not short-barrelled shotguns), thus the NFA regulations were not unconstitutional... subsequent to that in heller, it was opined that "Miller stands only for the proposition that the Second Amendment right, whatever its nature, extends only to certain types of weapons. It is particularly wrongheaded to read Miller for more than what it said, because the case did not even purport to be a thorough examination of the Second Amendment"... individual right, yada, yada, etc...
So, now in Caetano, "the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding."
It would appear to me as though Caetano overturns the Miller decision, at least in terms of the basis of the constitutionality of the NFA.
I get that Caetano got kicked back to a lower court for review... but, am I just crazy, or could this be THAT big of a change?
So... My understanding is in Miller v. US it was ruled that the 2nd amendment protected only military-style weapons (thus not short-barrelled shotguns), thus the NFA regulations were not unconstitutional... subsequent to that in heller, it was opined that "Miller stands only for the proposition that the Second Amendment right, whatever its nature, extends only to certain types of weapons. It is particularly wrongheaded to read Miller for more than what it said, because the case did not even purport to be a thorough examination of the Second Amendment"... individual right, yada, yada, etc...
So, now in Caetano, "the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding."
It would appear to me as though Caetano overturns the Miller decision, at least in terms of the basis of the constitutionality of the NFA.
I get that Caetano got kicked back to a lower court for review... but, am I just crazy, or could this be THAT big of a change?
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