Cite U.S. v. Miller, 26 F. Supp 1002 (W.D. Ark.), rev'd, 307 U.S.
174 (1939). 

                 UNITED STATES v. MILLER et al.

                            No. 3926.

      District Court, W. D. Arkansas, Fort Smith Division.

                          Jan. 3, 1939.

     C. R. Barry, U. S. Dist. Atty., and Duke Fredrick, Asst. U. S.
Dist. Atty., both of Fort Smith, Ark.

     Paul Gutensohn, of Fort Smith, Ark., for defendants.

     HEARTSILL RAGON, District judge.

     The defendants in this case are charged with unlawfully and
feloniously transporting in interstate commerce from the town of
Claremore, Oklahoma, to the town of Siloam Springs in the State of
Arkansas, a double barrel twelve gauge shot gun having a barrel
less than eighteen inches in length, and at the time of so
transporting said fire arm in interstate commerce they did not have
in their possession a stamped affixed written order for said fire
arm as required by Section 1132c, Title 26 U.S.C.A., and the
regulations issued under the authority of said Act of Congress
known as the National Firearms Act, 26 U.S.C.A. section 1132 et
seq.

     The defendants in due time filed a demurrer challenging the
sufficiency of the facts stated in the indictment to constitute a
crime and further challenging the sections under which said
indictment was returned as being in contravention of the Second
Amendment to the Constitution of the United States, U.S.C.A.

     The indictment is based upon the Act of June 26, 1934, C. 757,
Section 11, 48 Stat. 1239, 26 U.S.C.A. section 1132j.  The court is
of the opinion that this section is invalid in that it violates the
Second Amendment to the Constitution of the United States,
U.S.C.A., providing, "A well regulated Militia, being necessary to
the security of a free State, the right of the people to keep and 
bear Arms, shall not be infringed."

     The demurrer is accordingly sustained.