Newsgroups: talk.politics.guns,ca.politics,nj.politics,ne.politics,tx.politics From: [anonymous remailer] at [replay.com] (Name withheld on request) Subject: US v. Lewis - Doesn't Deny RTKBA Date: Sun, 11 Dec 1994 17:07:30 +0000 -=> Quoting Eric Williams to All <=- : The woman sited a 1980 Supreme Court case: US vs Lewis, saying that : this case said there was "no individual RKBA". Anybody have a : citation for this handy? EW> Lewis v. United States, 445 U.S. 95 (1980). Lewis recognized EW> -- in summarizing the holding of Miller, supra, as "the Second EW> Amendment guarantees no right to keep and bear a firearm that does EW> not have 'some reasonable relationship to the preservation or EW> efficiency of a well-regulated militia'" (emphasis added) -- that EW> Miller had focused upon the type of firearm. Further, Lewis was EW> concerned only with whether the provision of the Omnibus Crime EW> Control and Safe Streets Act of 1968 which prohibits the possession EW> of firearms by convicted felons (codified in 18 U.S.C. 922(g) in EW> 1986) violated the Second Amendment. Thus, since convicted felons EW> historically were and are subject to the loss of numerous EW> fundamental rights of citizenship -- including the right to vote, EW> hold office, and serve on juries -- it was not erroneous for the EW> Court to have concluded that laws prohibiting the possession of EW> firearms by a convicted felon "are neither based upon EW> constitutionally suspect criteria, nor do they trench upon any EW> constitutionally protected liberties." Thank you! This is just as I suspected: A weird spin on _US v. Miller_, in itself a frequently misunderstood and pretty bizarre case that is often posed as "proof" of no personal RTKBA by anti-gunners. Actually, it makes a good case for knocking down "assault weapon" bans, if it does anything at all. Neither of these for an instant denies the individual RTKBA. There are no limits to the lies the anti-gunners will make about the meaning of the Second Amendment. One question: Was the above dicta or part of the ruling?