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),[1] 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 Justice 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.'" Justice Ragon provided no further explanation of his reasons.[2]
The U.S Government appealed the decision and on March 30, 1939, the U.S. Supreme Court heard the case. Attorneys for the United States argued four points:
The NFA is intended as a revenue-collecting measure and therefore within the authority of the Department of the Treasury.
The defendants transported the shotgun from Oklahoma to Arkansas, and therefore used it in interstate commerce.
The Second Amendment protects only the ownership of military-type weapons appropriate for use in an organized militia.
The "double barrel 12-gauge Stevens shotgun having a barrel less than 18 inches in length, bearing identification number 76230" was never used in any militia organization.
Neither the defendants nor their legal counsel appeared at the Supreme Court. A lack of financial support and procedural irregularities prevented counsel from traveling.[3] Miller was found shot to death in April, before the decision was rendered.[4]

Everyone realizes all of this comes out of 100 % Democratic Controlled Chicago which has the highest murder/gun violence rate
in the United States and has been run totally by liberal Labor Union Democrats for over 70 yrs..Don

Ok, fine. Lets form a civilian militia. I dont see where it says it has to be a government supported militia.

The whole point was this....

The Second Amendment protects only the ownership of military-type weapons appropriate for use in an organized militia.


The government has already stated that the second ammendment it for military type weapons. An assault weapon ban would therefore be unconstitutional, correct? Seems the NRA should get some of their high power attorneys on this should there be an assault weapon ban.

We already are one. All able bodied men between the ages of 17 to 45.

Correct. This is federal law. See 10 USC S 311:

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are�
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

I'm out

Plenty of good men over 45 fought and shed blood for liberty in the Revolution and in the War of Northern Agression. Hopefully we won't have to make history again any time soon!

So why do Civilian Police Departments need weapons of war?

Shouldn't they scale down their firepower since they are not on a battlefield as well?

Agreed but in a practical sense, I have to wonder how many of us here today would stand up like they did at Concord and Lexington. Thats what a militia does, even if it means losing everything.

I wonder too on the other hand, how many will sacrifice all or part of their freedom in order to obtain a little security.

We are faced with a new generation of people that have been conditioned even endoctrinated from an early age to believe whatever the media tells them and like simple minded sheep they just fall in line.

I hear young people talking about the U.S. Constitution being irrelevant today. This country is truly divided, the last election showed you that in full 1080dpi, vivid red and blue colored maps.

The unorganized militia's first objective should be taking control of the media away from those despots and their followers that are intent on destroying this country.