United States v. Miller
| United States v. Miller | |
|---|---|
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| Argued March 30, 1939 Decided May 15, 1939 |
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| Full case name | United States vs. Jack Miller, et al. |
| Citations | 307 U.S. 174 (more)
59 S. Ct. 816; 83 L. Ed. 1206; 39-1 U.S. Tax Cas. (CCH) P9513; 22 A.F.T.R. (P-H) 331; 1939-1 C.B. 373; 1939 P.H. P5421
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| Prior history | Appeal from the District Court of the United States for the Western District of Arkansas |
| Holding | |
| The National Firearms Act — as applied to transporting in interstate commerce a 12-gauge shotgun with a barrel less than 18 inches long, without having registered it and without having in his possession a stamp-affixed written order for it — was not unconstitutional as an invasion of the reserved powers of the States and did not violate the Second Amendment of the United States Constitution. | |
| Court membership | |
| Case opinions | |
| Majority | McReynolds, joined by Hughes, Butler, Stone, Roberts, Black, Reed, Frankfurter |
| Douglas took no part in the consideration or decision of the case. | |
| Laws applied | |
| National Firearms Act of 1934 (NFA) | |
United States v. Miller, 307 U.S. 174 (1939), was a Supreme Court case that involved a Second Amendment challenge to the National Firearms Act of 1934 (NFA). Miller is often cited in the ongoing American gun politics debate, as both sides claim that it supports their position.
United States v. Miller involved a criminal prosecution under the National Firearms Act of 1934 (NFA). Passed in response to public outcry over the St. Valentine's Day Massacre, the NFA requires certain types of firearms (including but not limited to fully automatic firearms and short-barreled rifles and shotguns) to be registered with the Miscellaneous Tax Unit (later to be folded into what eventually became the Bureau of Alcohol, Tobacco, Firearms, and Explosives, or ATF) which at the time was part of the Bureau of Internal Revenue (ancestor of today's Internal Revenue Service), with a $200 tax paid at the time of registration and again if the firearm was ever sold.
Defendants Miller and Layton filed a demurrer challenging the relevant section of the National Firearms Act as an unconstitutional violation of the Second Amendment. District Court Judge Heartsill Ragon accepted the claim and dismissed the indictment, stating, "The court is of the opinion that this section is invalid in that it violates the Second Amendment to the Constitution of the United States, U.S.C.A., providing, 'A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.'" Judge Ragon provided no further explanation of his reasons. In reality, Ragon was in favor of the gun control law and ruled the law unconstitutional because he knew that Miller, who was a known bank robber and had just testified against the rest of his gang in court, would have to go into hiding as soon as he was released. He knew that Miller would not pay a lawyer to argue the case at the Supreme Court and would simply disappear. Therefore, the government's appeal to the Supreme Court would be a sure win because Miller and his attorney would not even be present at the argument.
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