Telling Miller's Tale

11 Pages Posted: 6 Feb 2007  

Glenn Harlan Reynolds

University of Tennessee College of Law

Brannon P. Denning

Samford University - Cumberland School of Law

Abstract

The case of United States v. Miller, 307 U.S. 174 (1939), is often cited in gun-control arguments and arguments over the meaning of the Second Amendment. In this Article, we take a close look at Miller, and the arguments made before the Supreme Court. When the decision is read closely and the arguments available (and not available) to the Court are taken into account, the decision is best understood as leaving open the opportunity for courts to adopt the Standard Model reading of the Second Amendment. What Miller plainly does not do is deny that an individual's right to keep and bear arms is protected by the Second Amendment—the holding ascribed to it by most federal
courts since 1939.

Keywords: miller, firearms, second amendment, aymette, andrews, guns

Suggested Citation

Reynolds, Glenn Harlan and Denning, Brannon P., Telling Miller's Tale. 65 Law & Contemp. Probs. 113 (Spring 2002) . Available at SSRN: https://ssrn.com/abstract=960812

Glenn Harlan Reynolds (Contact Author)

University of Tennessee College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996-1810
United States
865-974-6744 (Phone)

Brannon P. Denning

Samford University - Cumberland School of Law ( email )

800 Lakeshore Dr.
Birmingham, AL 35229
United States
205-726-2413 (Phone)
205-726-4060 (Fax)

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