shallit@gargoyle.UChicago.UUCP (Jeff Shallit) (01/03/85)
Some recent articles have discussed the Supreme Court's opinions on gun control. One decision that I recall related to the ownership of sawed-off shotguns. In the 1930's or 1940's, a gang member tried to claim that ownership of sawed-off shotguns was protected by the second amendment. The case made it to the Supreme Court, which ruled (I am quoting from memory here) ``...ownership of a sawed-off shotgun cannot possibly be construed as being related to civilian militias...'' Thus we see that the test that has been used consistently since the 1800's is whether or not the gun ownership relates to participation in a civilian militia. This is the wording of the Second Amendment: "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." While it is true that the US Supreme Court did not specifically uphold the Morton Grove ordinance, they did "refuse to overturn" the Court of Appeals ruling. In fact, a pamphlet that used to be published by the NRA in the early 1960's (and which can no longer be obtained from that august organization) said "...legal basis for gun ownership cannot stand on second amendment considerations...". /Jeff Shallit University of Chicago