CONSTITUTIONAL LAW - NATIONAL FIREARMS ACT - USURPATION OF POLICE POWER OF STATES - CONSTITUTIONAL RIGHT TO BEAR ARMS

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Defendants were indicted for violating section 11 of the National Firearms Act by transporting a firearm in interstate commerce without having registered it, and without having in their possession a stamp-affixed written order for the firearm. Their demurrer alleged that the act was unconstitutional because it was not a revenue measure but an attempt to usurp police power reserved to the states, and because it infringed the constitutional right to bear arms. The district court sustained the demurrer on the ground that this section of the act violated the constitutional right to bear arms. Held, on appeal, that the National Firearms Act does not usurp police power reserved to the states nor infringe the constitutional right to bear arms. United States v. Miller, 307 U.S. 174, 59 S. Ct. 816 (1939).

Recommended Citation

Michigan Law Review, CONSTITUTIONAL LAW - NATIONAL FIREARMS ACT - USURPATION OF POLICE POWER OF STATES - CONSTITUTIONAL RIGHT TO BEAR ARMS, 38 Mich. L. Rev. 403 (1940).
Available at: https://repository.law.umich.edu/mlr/vol38/iss3/13