The defendants Jack Miller and Frank Layton were indicted on charges of unlawfully and feloniously transporting in interstate commerce from Oklahoma to Arkansas an unregistered double-barrel 12-gauge shotgun having a barrel less than 18 inches in length, in violation of the National Firearms Act, 26 U.S.C.S.

At trial in federal district court, the defendants filed a demurrer to the indictment alleging that the Act was not a revenue measure but an attempt to usurp police power reserved to the states and so was unconstitutional.

On May 15, 1939, the Supreme Court, in an opinion by Justice McReynolds, decided on the National Firearms Act, as applied to one indicted for transporting in interstate commerce a 12-gauge shotgun with a barrel less than 18 inches long without having registered it and without having in his possession a stamp-affixed written order for it, as required by the Act:The Court cannot take judicial notice that a shotgun having a barrel less than 18 inches long has today any reasonable relation to the preservation or efficiency of a well regulated militia, and therefore cannot say that the Second Amendment guarantees to the citizen the right to keep and bear such a weapon.

In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument.

Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment, or that its use could contribute to the common defense.In addition, Justice McReynolds wrote: With obvious purpose to assure the continuation and render possible the effectiveness of such forces the declaration and guarantee of the Second Amendment were made.

[6]Gun control advocates argue that the United States Circuit Courts, with very few exceptions, have for over six decades cited Miller in rejecting challenges to federal firearms regulations.

The sentiment of the time strongly disfavored standing armies; the common view was that adequate defense of country and laws could be secured through the Militia - civilians primarily, soldiers on occasion.