Paul Helmke has been busy reading “all the words in the Second Amendment, not just the ones we like”. Unfortunately for them, I’ve been reading all the Miller decision, not just the parts that the Bradys like. You know, like this part:
With obvious purpose to assure the continuation and render possible the effectiveness of such forces, the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view.
The Militia which the States were expected to maintain and train is set in contrast with Troops which they [p179] were forbidden to keep without the consent of Congress. The sentiment of the time strongly disfavored standing armies; the common view was that adequate defense of country and laws could be secured through the Militia — civilians primarily, soldiers on occasion.
The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. “A body of citizens enrolled for military discipline.” And further, that ordinarily, when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.
Emphasis mine. I think the Bradys are very much misreading the Miller opinion. Jack Miller was dead by the time the case was heard, and it was only the government’s position that the court entertained. The court was presented no evidence that the firearm in question was in common military use at the time. The Miller test, therefore, was on the firearm in question, not on the status of the individual. By the Miller test, it would seem to me that an M16 would qualify as protected by the second amendment. Considering that, the Bradys shouldn’t be so enthusiastic about touting Miller. If the court adopts that test, I may be able to get M16s rather than AR-15s, which would make me rather pleased, but probably not Paul Helmke.
UPDATE: Ian Argent has more over on his blog.