1894
Shekinah Cardinez,
Devin Ramsey,
Joseph Portis
Summary
Franklin Miller was convicted and sentenced to be executed for shooting a police officer to death with an unlicensed handgun in violation of Texas law. Miller sought to have his conviction overturned, claiming his Second Amendment rights were violated and that the Bill of Rights should be applied to state law. The Supreme Court ruled that the Second Amendment did not apply to state laws such as the Texas law.
He was convicted of murder, on appeal, Miller claimed his Second and Fourth Amendment rights had been violated under the Fourteenth Amendment. The court upholding the conviction, reaffirmed Cruikshank v. U.S. and stated: "And if the fourteenth amendment limited the power of the states as to such rights, as pertaining to citizens of the United States, we think it was fatal to this claim that it was not set up in the trial court." In other words the court wouldn't even consider whether Miller's rights had been violated under the Fourteenth Amendment because he had not filed such a claim in his original trial.
Plaintiff
Franklin Miller argued that his 2nd and 4th amendment rights had been violated under the 14th amendment.He felt that he had the right to bear arms and that his handgun was not a violation of federal law.
The state of Texas
argued that Millers handgun was in violation of state law and therefore his rights were not violated.
states that a well regulated militia, being necessary to the security of a free state, has the right to bear arms, and shall not be infringed.
Says the person has the right to be secure in their persons, houses ,papers, and effects, against unreasonable searches,
Limits the power of the states as to such rights, as pertaining to citizens of the united states.
Outcome
While the Court recited the constitutional issues in Miller's appeal involving claims of Due Process and Second Amendment constitutional infringements, it did not officially rule on his complaint. In the justices' opinion, Miller had not been deprived of due process nor had the Texas weapons statute violated his Fourteenth Amendment privileges and immunities.