Facts of the Case

Provided by Oyez

An Arkansas federal district court charged Jack Miller and Frank Layton with violating the National Firearms Act  of 1934 ("NFA") when they transported a sawed-off double-barrel 12-gauge shotgun in interstate commerce. Miller and Layton argued that the NFA violated their Second Amendment right to keep and bear arms. The district court agreed and dismissed the case.

Questions

  1. Does the Second Amendment protect an individual's right to keep and bear a sawed-off double-barrel shotgun?

Conclusions

  1. The Supreme Court reversed the district court, holding that the Second Amendment does not guarantee an individual the right to keep and bear a sawed-off double-barrel shotgun. Writing for the unanimous Court, Justice James Clark McReynolds reasoned that because possessing a sawed-off double barrel shotgun does not have a reasonable relationship to the preservation or efficiency of a well-regulated militia, the Second Amendment does not protect the possession of such an instrument.