UNITED STATES v. MILLER
An Arkansas federal district court charged Jack Miller and Frank Layton with violating the National Firearms Act ("NFA") when they transported a double barrel 12-gauge shotgun in interstate commerce. In part, Miller and Layton argued that the NFA violated their Second Amendment right to keep and bear arms. The district court agreed and dismissed the case.
Does the Second Amendment protect an individual's right to keep and bear arms?
No. The Supreme Court reversed the district court, holding that the Second Amendment does not guarantee an individual the right to keep and bear a sawed- off double barrel shotgun. With Justice James Clark McReynolds writing for the majority, the Court reasoned that because the possession of a sawed-off double barrel shotgun does not have a reasonable relationship to the preservation or efficiency of a well-regulated militia, the Second Amendment does not protect the possession of such an instrument.