cannot prohibit the people therein from keeping and bearing arms to an extent that would deprive the United States of the protection afforded by them as a reserve military force." Miller v. Texas In Miller v. Texas, , Franklin Miller was convicted and sentenced to be executed for shooting a police officer to death with an illegally carried 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, writing: "As the proceedings were conducted under the ordinary forms of criminal prosecutions there certainly was no denial of due process of law." Robertson v. Baldwin In Robertson v. Baldwin, , the Supreme Court stated in dicta that "the right of the people to keep and bear arms (Art. II) is not infringed by laws prohibiting the carrying of concealed weapons." United States v. Schwimmer United States v. Schwimmer, , concerned a pacifist applicant for naturalization who in the interview declared not to be willing to "take up arms personally" in defense of the United States. The Supreme Court cited the Second Amendment indirectly by declaring that the United States Constitution obliges citizens "to defend our government against all enemies whenever necessity arises is a fundamental principle of the Constitution" and by declaring further that the "common defense was one of the purposes for which the people ordained and established the Constitution." United States v. Miller In United States v. Miller, , the Supreme Court rejected a Second Amendment challenge to the National Firearms Act prohibiting the interstate transportation of unregistered Title II weapons: In a unanimous opinion authored by Justice McReynolds, the Supreme Court stated "the objection that the Act usurps police power reserved to the States is plainly untenable." As the Court explained: Gun rights advocates claim that the Court in Miller ruled that the Second Amendment protected the right to keep arms that are part of "ordinary military equipment". They also claim that the Court did not consider the question of whether the sawed-off shotgun in the case would be an applicable weapon for personal defense, instead looking solely at the weapon's suitability for the "common defense". Law professor Andrew McClurg states, "The only certainty about Miller is