Tapsearch Com EditorYet another defense of my Spectator op-ed
March 15th 2007 22:10
I hope this is the last I blog about the Parker case for awhile; this is supposed to be a politics blog, not just a gun one.
However, the Spectator has another reader letter, this time from David Gonzalez of Illinois:
In his piece on the recent Parker decision, Robert VerBruggen observes: "The ruling makes no issue of the fact Miller and Layton were not militia members. Rather, Miller and Layton failed to prove a militia might use a sawed-off shotgun."
My readings on the Miller decision indicate that, before the case could be heard, both men skipped bail, disappeared, and eventually were found dead. The case for militia utility of a short-barreled shotgun (called a "trench gun" by doughboys in WWI) wasn't proven because it wasn't argued. The solicitor general, in effect, got a free shot and won by default.
First of all, I mentioned the legally relevant part of this -- that no one represented Layton and Miller -- in the original piece. In fact, that statement occurred in the fourth paragraph, where the line Gonzalez cites is in the ninth, so I'm sure he read it or skipped over it.
Two, it seems his facts are wrong. I left my copy of Supreme Court Gun Cases in Wisconsin, and that would have been an authoritative source, but both Wikipedia and Jews for the Preservation of Firearms Ownership agree that while Miller died, Layton plead guilty after the decision.
Wikipedia:
"(B)y the time of the Supreme Court decision, Miller had been killed, and Layton made a plea bargain after the decision was handed down."
Jews for the Preservation of Firearms Ownership:
"[O]n 15 May 1939 the Court over-turned District Court Judge Ragon's decision to quash the indictment of Miller and Layton. On 12 June 1939 Chief Justice Charles E. Hughes issued an order conveying the Supreme Court's decision to Judge Ragon. That order was received on 14 June 1939. However, the District Court docket shows that on 17 June 1939, Jack Miller was reported to be dead; the prosecution of him was dropped. On 8 January 1940 Frank Layton entered a plea of 'guilty' and was placed on probation for five years."
By Robert VerBruggen
However, the Spectator has another reader letter, this time from David Gonzalez of Illinois:
In his piece on the recent Parker decision, Robert VerBruggen observes: "The ruling makes no issue of the fact Miller and Layton were not militia members. Rather, Miller and Layton failed to prove a militia might use a sawed-off shotgun."
My readings on the Miller decision indicate that, before the case could be heard, both men skipped bail, disappeared, and eventually were found dead. The case for militia utility of a short-barreled shotgun (called a "trench gun" by doughboys in WWI) wasn't proven because it wasn't argued. The solicitor general, in effect, got a free shot and won by default.
First of all, I mentioned the legally relevant part of this -- that no one represented Layton and Miller -- in the original piece. In fact, that statement occurred in the fourth paragraph, where the line Gonzalez cites is in the ninth, so I'm sure he read it or skipped over it.
Two, it seems his facts are wrong. I left my copy of Supreme Court Gun Cases in Wisconsin, and that would have been an authoritative source, but both Wikipedia and Jews for the Preservation of Firearms Ownership agree that while Miller died, Layton plead guilty after the decision.
Wikipedia:
"(B)y the time of the Supreme Court decision, Miller had been killed, and Layton made a plea bargain after the decision was handed down."
Jews for the Preservation of Firearms Ownership:
"[O]n 15 May 1939 the Court over-turned District Court Judge Ragon's decision to quash the indictment of Miller and Layton. On 12 June 1939 Chief Justice Charles E. Hughes issued an order conveying the Supreme Court's decision to Judge Ragon. That order was received on 14 June 1939. However, the District Court docket shows that on 17 June 1939, Jack Miller was reported to be dead; the prosecution of him was dropped. On 8 January 1940 Frank Layton entered a plea of 'guilty' and was placed on probation for five years."
By Robert VerBruggen
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