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United States v. Miller (1939): The Supreme Court’s Early Second Amendment Case

Last reviewed: 2026-08-28Topic: History of U.S. Gun Laws
Quick answer

United States v. Miller upheld a federal prosecution involving an unregistered short-barreled shotgun and tied its Second Amendment analysis to whether the weapon had a reasonable relationship to preservation or efficiency of a well regulated militia.

For nearly seven decades before Heller, Miller was the Supreme Court decision most frequently cited in debates about the scope of the Second Amendment.

Why it matters: United States v. Miller upheld a federal prosecution involving an unregistered short-barreled shotgun and tied its Second Amendment analysis to whether the weapon had a reasonable relationship to preservation or efficiency of a well regulated militia.

The case arose under the NFA

The defendants were charged with transporting an unregistered short-barreled shotgun in interstate commerce in violation of the National Firearms Act.

The Court focused on militia relationship

The Court said the record did not show that a short-barreled shotgun had a reasonable relationship to preservation or efficiency of a well regulated militia.

Miller generated competing readings

Later courts and scholars disagreed over whether Miller supported a collective-right view, a weapon-type test, or a narrower ruling driven by the undeveloped record.

Heller reinterpreted Miller’s place in doctrine

Heller held the Second Amendment protects an individual right while reading Miller as consistent with limits on the types of weapons protected.

Where this fits in the larger timeline

This event is part of the History of Gun Laws in America series. Federal firearm law developed incrementally through constitutional amendments, taxation and commerce statutes, criminal prohibitions, background-check legislation and modern Second Amendment decisions.

Frequently asked questions

What did United States v. Miller decide?

It rejected the Second Amendment challenge on the record before it to an NFA prosecution involving a short-barreled shotgun.

Did Miller say the Second Amendment is only a militia right?

The case used militia-related reasoning, but Heller later held that the Second Amendment protects an individual right.

What weapon was involved in Miller?

A short-barreled shotgun.

Is Miller still relevant after Heller?

Yes, but its meaning is read through later Supreme Court decisions including Heller, Bruen and Rahimi.

Sources and legal references