The Peculiar Story of United States v. Miller

Most readers of this blog are probably familiar with at least the court citation for US v. Miller, the only Supreme Court opinion directly construing the meaning of the Second Amendment. But what we all didn’t know was the details of the background of Jack Miller himself. Now we do, because of some astonishingly good scholarship about the case and — wait for it — the gun-control conspiracy behind it. Yeah, you read that right. And it’s all fully documented in Brian Frye’s law review article, which you can download right here.


Normally I wouldn’t direct anyone to a law review article unless it was absolutely necessary. They’re generally awful pieces of writing. But this law review article is different. Not only is it the result of actual scholarship — i.e., unlike most legal writings, it actually advances the sum of human knowledge — but also, in the words of a commenter, it reads like a Mickey Spillane novel.

Most readers of this blog have probably also read John Ross’ Unintended Consequences (and if you haven’t, why not? Stop reading my ramblings and go buy it now!), which contains an extended sequence describing the events that led up to the court case itself. Ross included lots of historical detail in his novel, but as far as Miller is concerned, Ross’ version is complete fiction. For one thing, Jack Miller wasn’t a moonshiner. Rather, he was a career criminal, member of an infamously successful bank-robbery gang, and (heh) like me, was 1/8th Cherokee. It’s not Ross’ fault; until Frye did the research, nobody in the 2A community seems to have known or remembered the true history.

More importantly, the new information unearthed by Brian Frye about the gory details behind the Miller case serves John Ross’ purpose even better than the fictional backstory he created for his novel! Time to put out a new expanded edition of Unintended Consequences, John! Frye describes how legislators and judges “teed up” the Miller case deliberately in order to further the cause of gun control and cement the recently-enacted FFA with a favorable Supreme Court ruling. Not only was Miller a compliant government snitch perfect for the purpose, he also conveniently ended up dead by the time the ruling was handed down! Yeah, I think Ross could write a couple hundred new pages with this material….


We owe a debt of gratitude to Frye for doing the research in the first place, even though he’s no 2A absolutist by any stretch of the imagination. Another fifty years on, and this information might have passed into the ether.

In sum, every 2A supporter who wants to know what really happened in Miller, or who thinks he or she might have to debate a gun bigot about the Miller holding, owes it to the entire 2A community to read this article.


Oh yeah, it’ll make your blood boil, too. Pop an aspirin first if you must, but go read!

h/t: Volokh and Instapundit.

UPDATE: here’s a link to a blog with a photo of Jack Miller himself, courtesy of Mr. Frye.

Posted in Have Gun, Will Travel, Kewel! | 3 Comments

RNS Quote of the Day: 05/23/07

I think it’s the duty of the comedian to find out where the line is drawn and cross it deliberately.

George Carlin

I think the duty is the same when it comes to blogging, at least in the arena of ideas. Which is why I frequent more right leaning blogs than leftist ones. The leftie bloggers just write about wanting more of the same: More government intervention, more taxes, more regulations. Right wing blogs write about wanting what is in the minds of a few people I could mention, some rather extraordinary things. Mostly though, it is to just be left alone by government.

How sad that that we live in a time when that idea could become “novel”.

Posted in Quote of the Day | Leave a comment

Well Spotted

The FBI has been cracking down on the eco-terrorists from ALF/ELF pretty hard over the past year or so and the court proceedings against these haters of all things progress are coming to a close. Justice will be served upon those who think property should have no value and seek to destroy it in order to better serve “The Environment”.

And it is because justice is being served that I would like to congratulate US District Judge Ann Aiken for being the first to figure out that these freaks of nature, to make a not so subtle pun, could be sentenced under the federal terrorism guidelines.

Aiken ruled that the increased penalties spelled out by the terrorism enhancement may apply to those who took part in a conspiracy that left a $40 million trail of damage in Western states between 1995 and 2001.

But the government, she wrote, must first establish that the defendants’ participation in that conspiracy was intended to promote a “federal crime of terrorism,” regardless of whether they posed a substantial risk of injury to humans.

Aiken noted that she would listen to arguments at each sentencing before deciding whether a terrorism enhancement may be applied to a particular defendant. A designation as a terrorist could land defendants longer terms in more restrictive prisons.

Federal prosecutors squared off against defense lawyers last Tuesday in a hearing on the terrorism enhancement. The government likened the nighttime arsons to the fire bombings of empty African American churches by the Ku Klux Klan. Defense lawyers argued that their clients took extraordinary precautions to ensure that their arsons did no physical harm to humans.

Sure they did. They were just to cowardly to do their deeds in daylight. I seem to remember a massive local kill-off of mink directly caused when these dweeblets assaulted a mink farm and turned the damn things loose. The coyotes were happy. The state DOT guys who scrape road kill weren’t.

Make them martyrs, I don’t care. As I wrote about in the past, my employer nearly hired one of these freaks who was attempting to get into out database and find out the locations of local animal testing labs who have had to out of their way to be inconspicuous, lest they be burned to the ground.

Now to get those SHAC pukes behind bars. We’ll see how these tree huggers like having to switch from “The Mighty Oak” to hugging Bubba’s mighty oak.

Posted in Rampant Eco Socialism | 7 Comments

The Definition of Insanity

Is trying the same thing over and over again and expecting a different result.

And because of that, I can right now declare Hillary Clinton “Insane”.

Clinton Calls For Pre-Kindergarten For All Children

Hillary Clinton proposed expanding pre-kindergarten classes to serve all of America’s 4-year-olds in a policy address today at North Beach Elementary School in Miami Beach, Florida, providing them with a high-quality early education that studies show leads to higher achievement and graduation rates and higher-earning careers. More than 80 percent of 4-year-olds are currently not enrolled in state pre-kindergarten programs.

Pre-kindergarten is a good idea. Those studies are more than likely correct.

Should tax dollars be spent to make it happen? Not a chance in hell. There is no federal mandate for it. It can be done for free by community groups, including churches, or by (gasp!!) the parents of the child, if they actually gave a rats ass about their child’s education.

But what makes it insanity?

Well, as Lee at Right Thinking pointed out, the voters of California, arguably one of the most “progressive” states in the union, turned it down not too long ago by nearly a 3-to-1 margin.

I pay for schools already. I have no children going to those schools, but I pay for them anyway. I see massive amounts of squandered cashola going down in a big school system looking swirling toilet, where there are more “administrators” then there are teachers, where students aren’t held to hardly any standards other than showing up, and where my tax money goes to send students and some of those administrators to racist conventions that focus on “White Privilege”.

Nope, I don’t want to pay any more money that will only go towards brainwashing kids whose diplomas don’t even qualify them to ring up my order at Jack in the Box.

Posted in Order of the imperial upraised middle finger. | 2 Comments

RNS Quote of the Day: 05/22/07

More of that “Terroristic speech as defined by the state of Pennsylvania”

You can’t fight City Hall, but you can goddamn sure blow it up.

George Carlin

For those who don’t know, Carlin was arrested after being taken in for questioning for the crime of being in the audience at a Lenny Bruce performance. He refused to give up his ID to the policemen who were questioning him.

Posted in Quote of the Day | Leave a comment

I have succumb

To the second highest gas prices in the nation.

We’re just about tied with the San Fran bay area for how much a gallon of regular unleaded costs here in western Washington. $3.46 was my breaking point. I’ve been watching my weekly cost of to-work transport go up and up over the past couple months, and then last weekend I sat down and did some math.

It ended up that I was spending nearly 15% of my weekly income just to get to work to make more income. I understand that you have spend money to make money, but the return on my investment wasn’t going up, while the percentage of my weekly investment was.

I actually spend more than the average $3.46 a gallon because I don’t put shitty gas into my vehicles. No Safeway, no 7-11, no Arco and only once have I put Costco in the tank. Usually it is Unocal or Chevron (there are very few Exxons here in the Seattle Metro area. The eco-socialists ran them out of town after the Valdez and they’re still holding that grudge). I also do my best to put premium unleaded into the tank because I like the way my vehicles perform with the better gas. Though, to be honest, after prices went above $3, I started in on the mid-grade stuff.

And it is for that reason that I asked y’all about Ranger’s yesterday and for which I’d like you to meet the newest member of the family: Walker

e197_12_sb.jpg 

Walker is a 1992 Ford Ranger Custom that was formerly owned by the Washington State Department of Transportation.

He is equipped with the 2.3L 4-cylinder and a 4spd manual w/OD. He came with everything you see in the picture, including the toolbox and the light beacon (which has been unplugged but otherwise works). Apparently 92, the “Custom” badge still meant what it did when Grimm rolled off the factory floor in 1977: Basest of the base models. No A/C, no cassette player, no 60/40 split bench seat and all vinyl. At first, I felt like had climbed into a Cushman, but that went away after a few miles, and I’m sure will entirely disappear in a week or so.

I’ve pointed folks before to the Washington (and just recently Oregon) property surplus sites. That is where I found Walker, sitting all by his loneome amidst drug seizure vehicles and used Crown Vics. After doing a bit of research on his potential for fuel savings, I put in my bid on the Washington eBay site.

$1400 later, he was mine and I picked him up yesterday mornign and drove him to work last night. Yes, $1400 is a bit more than I wanted to pay, but anything that’ll get 28mpg or more is going for a premium up here right now.

I have come to confirm that his ODO had just rolled over 100K before he went up for sale, and after the drive to work now has 135 miles on it. I’ll be requisitioning the service records in the very near future to see if the state did their job in keeping up with his maintenance (timing belt/clutches/oil changes, that sort of stuff), but if his running condition is any sort of clue, I would say that they did a damn fine job.

The math has concluded that with the cost of regular maintenance (oil changes and a new set of tires in the next month) and insurance and licensing fees, plus the intiial cost of purchase, if Walker uses 25% less fuel than my usual commuter, the F-150, he will have paid for himself in 14 months. If he uses 33% less fuel, then he’ll have covered himself in 12 months.

In my new “trying to be more optimistic self”, I’m shooting for cost paid for in under a year, with a gas saving of 40%. Just think; 40% fewer taxes to the fed and the state, who are the only ones getting rich off gas prices. As you can tell by the greed expressed by those on the left who are already beginning to bemoan the “low” federal gas tax rate.

Wish me luck.

PS: Seeing as how I now own 4 trucks, this does mean that Fred is going to have to go on the sale block. I’m just simply running out of places to park them. Anyone interested in a 1974 Ford F250 Camper Special (and/or the camper in that pic, drop me a line).

Posted in Kewel!, Life in the Atomic Age | 12 Comments

They get letters

But this is just one of the gems that the Seattle Times received for print on Saturday, May 19th, by one of the “entitled”.

I commute by bus from Bellevue to downtown Seattle each weekday. On May 16, I had to ask myself if I was nuts to bother.

A semi truck crashed near Rainier Avenue South, on Interstate 90 in the early morning commute hours. The regular I-90 lanes were blocked by this accident. So, what did the Washington State Department of Transportation do? They opened the HOV lanes to all traffic.

What did this do? We got a parking lot in the HOV lanes. I was one full hour late to work that day.

I see absolutely no reason to ever open the HOV lanes up to those who choose to drive single-occupant cars.

It’s a slap in the face to all of us that go out of our way to try to help make less traffic, not more.

— Kristen A. Kuhn, Bellevue

Yes, because no one else deserves to move on the interstate if Kristen can’t. It’s called getting traffic flowing, Ms. Kuhn. I bet most of the other folks on the road with you were also late for work.

Oh, and if you really wanted to “go out of your way to try and make less traffic”, you’d move to fucking Seattle and stay there. I hear that some folks are concered that not enough women are buying condos. You could make less traffic and fill in a hole that isn’t inside your head.

Remember Kristen, those people you do not want in your precious carpool lanes are subsidizing your cheap commute.

Have a nice day.

Posted in Too Stupid to Live | 3 Comments

They’re over the cliff

It looks as though it is now fully “Lemming-Time” in the UK.

What with the new report about the City of Liverpool employing fully kitted UAV’s on their own citizens, and now this

When police spotted a gun-wielding suspect lurking in the shadows of a suburban front room, their response was swift.

Armed officers burst into the house, shouted at the owner to lie on the floor, and ordered him to surrender his weapon.

But efficiency turned to embarrassment when the “gunman” turned out to be a life-sized model of the video game character Lara Croft, complete with trademark outsized pistols.

Hit the link for the pic of the statue.

You’d think that since the “gun-weilding suspect lurking in the shadows” didn’t move for 12 hours or so, that they’d have figured this one out before smashing the door. I guess the constabulary wants to make sure everyone “feels” safe.

I found this at Right Thoughts, and I’m giving the same disclaimer Jim K did: This is out of the Daily Mail and could be complete horse shit. But if it is true, then this last bit is very scary

…Mr Williams was taken to the cells and held for more than 13 hours before being released.

He is now on bail for a suspected firearms offence, and Lara Croft remains impounded as evidence.

Exactly what kind of firearms offense is he being charged with? Is it now illegal to posses a statue bearing pistols? If they are successful in passing their knife and sword ban, with any and all “people of noble birth” (aka Titled Folk) have to turn in the family heirlooms?

Posted in Color me confused | 1 Comment

Now would be a good time

Ok, Ford guys!

What do you all know about Ranger pick-ups from the early 90’s? Good, bad and ugly.

More tomorrow.

Posted in Uncategorized | 6 Comments

Read up, get informed

Over the weekend a guy with a rifle went and shot up downtown Moscow, ID before killing himself.

If you’ve been hiding under a rock for the weekend as I tried, Joe Huffman has all the details, plus photos, plus pointed questions towards law enforcement officials. Make sure you click on the links to his daughter’s site, she has more.

Update: His site seems to be experiencing heavy traffic. Keep trying.

Posted in Life in the Atomic Age | Leave a comment