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Being something of an argumentative jerk by nature, one of my favorite pastimes is to troll sites like the Huffington Post and other thinly veiled fronts for the AgitProp Committee of the COMINTERN. A common theme I see when the 2nd Amendment is being discussed is the Militia Clause with some even going so far as to ask me to which Militia I belong. Since this is a question relating to the Law, I find the legal definition the best place to start. Thankfully, the Militia is defined in law so I usually like to relieve the inquisitor of his or her ignorance by giving it to them as follows.
10 U.S. Code, § 311 – Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
This law was passed in the early 1900s and since then, court cases and changes in the Law have barred discrimination on the basis of physical disability, age and gender. So my response to this question is to say that I'm a member of the Unorganized Militia as defined by law, as is every person in this nation over the age of 17 who has not been barred the use of arms by law.
For even more fun, you might ask them whether or not laws barring the purchase of rifles and shotguns for those under 18 and handguns for those under 21 is age discrimination. This puts the person in the awkward position of having to either concede the point or admit that the Militia is, in fact, regulated. I hope this is helpful and for those who love to argue as I do, happy hunting!
10 U.S. Code, § 311 – Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
This law was passed in the early 1900s and since then, court cases and changes in the Law have barred discrimination on the basis of physical disability, age and gender. So my response to this question is to say that I'm a member of the Unorganized Militia as defined by law, as is every person in this nation over the age of 17 who has not been barred the use of arms by law.
For even more fun, you might ask them whether or not laws barring the purchase of rifles and shotguns for those under 18 and handguns for those under 21 is age discrimination. This puts the person in the awkward position of having to either concede the point or admit that the Militia is, in fact, regulated. I hope this is helpful and for those who love to argue as I do, happy hunting!
2nd Amendment
Militia
Law
Constitution
Posted >1 y ago
Responses: 8
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I'd like to politely point out that congress at the time the 2nd amendment was drafted was also kind enough to spell out precisely what the militia was composed of, and give guidance on the training and leadership requirements....
We'll ignore the racist part of it, "able bodied white males"...
But it's pretty explicit. Each and every free, able bodied white male between 18 and 45 is to be enrolled by the Captain in each state, provide their own arms and ammo, and attend regular drills and exercises, and when called upon.
We'll ignore the racist part of it, "able bodied white males"...
But it's pretty explicit. Each and every free, able bodied white male between 18 and 45 is to be enrolled by the Captain in each state, provide their own arms and ammo, and attend regular drills and exercises, and when called upon.
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Everyone wants to forget the last sentence our forefathers put in the 2nd Amendment "Shall NOT be Infringed Upon. " With that said any law against the 2nd Amendment is Unconstitutional and null and void.
Our forefathers created the 2nd to protect the 1st and so we could protect our Country against all enemies foreign or domestic.
Our forefathers created the 2nd to protect the 1st and so we could protect our Country against all enemies foreign or domestic.
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SSG Bill McCoy
PV2 Larry Sellnow - Wrong. Just, wrong ... period. Read the host of commentaries BY the Forefathers that often reference the PEOPLES' "Bill of Rights," and even specifically the 2nd Amendment. Until then, suffice it to say that your understanding of how English was structured (stated) in Colonial times is certainly flawed.
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Agree about intent of the law regarding militia, just wish we took it more seriously.
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