United States v. Cruikshank 1875
Although the Enforcement Act had been designed primarily to halt the violence of the Ku Klux Klan in preventing blacks from voting, the Cruikshank court held that the Due Process and Equal Protection Clauses apply only to state action, and not to actions of individuals
Presser v. Illinois 1886
But a conclusive answer to the contention that this amendment [the Second Amendment] prohibits the legislation in question lies in the fact that the amendment is a limitation only upon the power of congress and the national government, and not upon that of the state
Malitia Act 1903
Salina v. Blaksley 1905
The court said: "This view cannot be supported. The right to keep and bear arms for the common defense does not include the right to associate together as a military organization, or to drill and parade with arms in cities or towns, unless authorized to do so by law. This is a matter affecting the public security, quiet, and good order, and it is within the police power of the legislature to regulate the bearing of arms, so as to forbid such unauthorized drills and parades." The defendant was not a member of an organized militia, nor of any other military organization provided for by law, and was therefore not within the provision of the Bill of Rights, and was not protected by its terms.
The National Defense Act of 1916
The 1934 National Firearms Act
The Federal Firearms Act of 1938
United States v. Miller 1939
On May 15, 1939 the Supreme Court, in a unanimous opinion by Justice McReynolds, reversed and remanded the District Court decision. The Supreme Court declared that no conflict between the NFA and the Second Amendment had been established, writing:
In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument.
Describing the constitutional authority under which Congress could call forth state militia, the Court stated:
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 Court also looked to historical sources to explain the meaning of "militia" as set down by the authors of the Constitution:
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.
Maryland v. United States 1965
The National Guard is the modern Militia reserved to the States by Art. I. 8, cl. 15, 16, of the Constitution
The Gun Control Act of 1968
Burton v. Sills 1969
...Congress, though admittedly governed by the second amendment, may regulate interstate firearms so long as the regulation does not impair the maintenance of the active, organized militias of the states.
Lewis v. United States 1980
''Apparently, then, under the Second Amendment, the federal government can limit the keeping and bearing of arms by a single individual as well as by a group of individuals, but it cannot prohibit the possession or use of any weapon which has any reasonable relationship to the preservation or efficiency of a well-regulated militia.''
The 1986 McClure-Volkmer Act
banned the sale of machine guns manufactured after the date of enactment to civilians, restricting sales of these weapons to the military and law enforcement
Perpich v. Department of Defense 1990
"The Dick Act divided the class of able-bodied male citizens between 18 and 45 years of age into an "organized militia" to be known as the National Guard of the several states, and the remainder of which was then described as the "reserve militia", and which later statutes have termed the "unorganized militia." ... " In 1908, however, the statute was amended to provide expressly that the organized militia should be available for service "either within or without the territory of the United States." Hence, the National Guard is not the same as the unorganized militia.
This case is significant for Second Amendment case law in that it recognizes that the National Guard is one modern form of the militia under federal law.
Silveira v. Lockyer 2002
The Court engaged in an extensive analysis of the history of the Second Amendment and its attendant case law, and it ultimately determined that the Second Amendment does not guarantee individuals the right to keep and bear arms.
These are documented. The question the Supreme Court pose is whether the provisions of the D.C. statute “violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes.”
having a m16 is usless to bombs, rockets, cannons, fighter jets, missles etc... even 100,000,000.
