The Peculiar Story of United States v. Miller

Jackson "Jack" Miller

I recently posted my first completed law review article, The Peculiar Story of United States v. Miller on SSRN. The paper provides a historical account of United States v. Miller (1939), the only Supreme Court case construing the Second Amendment. The Siloam Springs, Arkansas police picked up Jack Miller (pictured above) and Frank Layton with a sawed-off shotgun, and the federal government charged them with violating the National Firearms Act, the first real federal gun control law. The district court held the NFA violates the Second Amendment, and the Supreme Court reversed. I argue Miller was a test case arranged by the government and Judge Ragon of the Western District of Arkansas. I argue the Supreme Court didn't adopt a theory of the Second Amendment right, but did imply it protects a limited individual right to possess and use firearms suitable for militia service.

Professor Dudziak of the University of Southern California Law School and the Legal History Blog graciously posted a notice of the paper here. More images follow:

Paul E. Gutensohn (Miller's lawyer)

Judge Hiram Heartsill Ragon
of the Western District of Arkansas

Irish O'Malley (born Walter Holland)
"leader" of Miller's gang