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United States v. Miller, 307 U.S. 174 (1939)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Miller, 307 U.S. 174 (1939)
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United States v. Miller No. 696 Argued March 30, 1939 Decided May 15, 1939 307 U.S. 174
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF ARKANSAS
Syllabus
The National Firearms Act, as applied to one indicted for 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, as required by the Act, held:
1. Not unconstitutional as an invasion of the reserved powers of the States. Citing Sonzinsky v. United States, 300 U.S. 506, and Narcotic Act cases. P. 177.
2. Not violative of the Second Amendment of the Federal Constitution. P. 178.
The Court cannot take judicial notice that a shotgun having a barrel less than 18 inches long has today any reasonable relation to the preservation or efficiency of a well regulated militia, and therefore cannot say that the Second Amendment guarantees to the citizen the right to keep and bear such a weapon.
26 F.Supp. 1002, reversed.
APPEAL under the Criminal Appeals Act from a judgment sustaining a demurrer to an indictment for violation of the National Firearms Act.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," United States v. Miller, 307 U.S. 174 (1939) in 307 U.S. 174 307 U.S. 175. Original Sources, accessed November 3, 2025, http://www.originalsources.com/Document.aspx?DocID=RXN9FLXUVZS6X72.
MLA:
U.S. Supreme Court. "Syllabus." United States v. Miller, 307 U.S. 174 (1939), in 307 U.S. 174, page 307 U.S. 175. Original Sources. 3 Nov. 2025. http://www.originalsources.com/Document.aspx?DocID=RXN9FLXUVZS6X72.
Harvard:
U.S. Supreme Court, 'Syllabus' in United States v. Miller, 307 U.S. 174 (1939). cited in 1939, 307 U.S. 174, pp.307 U.S. 175. Original Sources, retrieved 3 November 2025, from http://www.originalsources.com/Document.aspx?DocID=RXN9FLXUVZS6X72.
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