Home Forums Miscellaneous Topics Second Amendment Are you part of the Militia???

We have all heard from the anti's that only the Militia should have the right to bear arms. So are you part of the Militia? Here are the qualifications, FYI:<P>Amendment II<BR>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.<P> Title 10 US Code Sec. 311. Militia: composition and classes <BR> (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. <BR> (b) The classes of the militia are - <BR>(1) the organized militia, which consists of the National Guard and the Naval Militia; and <BR> (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.<P> Title 32 US Code Sec. 313. Appointments and enlistments: age limitations <BR>(a) To be eligible for original enlistment in the National Guard, a person must be at least 17 years of age and under 45, or under 64 years of age and a former member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps. To be eligible for reenlistment, a person must be under 64 years of age. <BR>(b) To be eligible for appointment as an officer of the National Guard, a person must -<BR>(1) be a citizen of the United States; and<BR>(2) be at least 18 years of age and under 64.

I am.<P>And we passed a ballot issue in November extending the upper age limit to 70.<P>Gives me some time to get the upper end removed completely.<P>2D

not old enough yet. <p>[This message has been edited by big hunter (edited February 26, 2001).]

I just love those faces! <BR>But don't we all?

Sorry about the faces thing. The topic leader may delete those if they wish. In all seriousness, I am not old enough yet. I am 15 now, and will turn 16 on THanksgiving Day. I also need a good semi to be a part of the militia. Maybe not need, but it's still good.

Well since I'm active duty military, then yes, and I own a semi-auto. But remember, back when the Constitution was written, the National Guard was not around. The National Guard as we know it today, did not start until 1909 I believe.

The point I was trying to make is that ALL citizens age 17-45 and 17-64 if a veteran are part of the Militia!<P>This counters directly the anti's usual argument that only the Nation Guard are the Militia and therefore only they shall have the right to keep and bear arms. Sorry I was was not more clear. Bend

I'm 52 and a vet. You mean I could still be recalled? Damn, I hope I'm up to it!

Being 35, and a veteran, I guess I qualify. I don't own any semi's,but feel that with my hunting rifles I could get one if the need arose. Nowadays you have to be careful with words like militia. The Liberals have painted a picture of beer swilling cornfield commandos, as far as John Q. Public is concerned. They used incedents like Waco, and the bombing in OK City to turn the publics outlook. I wonder what the men of Lexington and Concord would think.<BR>7mmbuster<BR>Trust in God and Fear Nothing

Have you noticed that until the early 90's the media never used the word "militia." Since then every third world terrorist group and coup faction has been labeled as a militia. They are subtly trying to poision the word and the minds of Americans.

The right to keep and bear arms is not limited by the Second Amendment to the Constitution to members of the militia. <P>Amendment II<BR>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.<P>It is well established by the writings of the framers of the Constitution that the Second Amendment means that the militia will be mustered from an armed citizenry, but armed citizens by right do not have to be in the militia. Your discussion regarding whether or not one is in the militia and therefore are guaranteed the right to keep and bear arms is counterproductive. The people, meaning each individual citizen, have the right to keep and bear arms, not just those of the militia.

Bend;<BR>Nice research, but Jackfish is correct. The Second Amendment pre-dates Title 10 of the US Code, therefore Title 10 CAN NOT define the word Militia as used in the Second Amendment.<P>You have to look up the definition of the word Militia at the time the Second Amendment was WRITTEN.<P>I think that you will find the militia was every citizen of like mind, and able to fight.<P>------------------<BR>Lest not we forget, America is a Republic, NOT a democracy. Learn the difference, spread your knowledge, help end the lie. Fear a government that fears your guns.

"Who are the militia? Are they not ourselves?" Tench Coxe 1788<P>"The militia, when properly formed, are in fact the people themselves...." Richard Henry Lee 1788<P>"I ask sir, what is the militia? It is the whole people, except for a few public officials." George Mason

Hudge is correct, the national guard didn't come into being until 1909 so any argument that the national guard is the militia is clearly ridiculous. To see the true intention of the second amendment you have to look at the bill of rights as a whole, not just the second amendment. Every amendment in the bill of rights deals with individual rights that the government cannot take away. The bill of rights could more accurately be described as the bill of individual rights. The claim by the antis that the militia of the second amendment is some kind of state army is clearly incorrect because none of the other ten amendments preserve the rights of the state, they all guarantee individual rights. The first amendment doesn't say that the states have the right of free speech, the people do. Another famous fallacy is the claim that the second amendment has something to do with hunting arms. Nothing could be farther from the truth. It guarantees the right of the people to own arms for the purpose of an armed citizenry overthrowing a tyrannical government. This is too easily dismissed in modern times by pacifists that say "it could never happen here, why does anyone need guns to overthrow the government", but we have to put ourselves into the shoes of the founding fathers. They had just came through a war where they had to overthrow a tyrannical government, certainly they weren't of the opinion that the government was perfect and therefore no one needed a firearm to protect themselves from it, which is the prevailing attitude of the gun grabbers today. They realized that any government wasn't perfect and there had to be a fallback that the people could bring to bear if the government got out of control. Everything in the bill of rights is there to guarantee that the government cannot become a tyranny over the people. The first amendment isn't there so larry flynt can sell magazines of naked bimbos. It's there so people can communicate to each other when the government is getting out of control therefore the whole of the people can bring pressure to rectify the situation. The right of people to refuse quartering of troops in their homes may seem crazy now, but at the time that was a major problem, you weren't free of the government even in your own home. Looking at the bill of rights as a whole makes it clear that the second amendment guarantees the right of the people to own arms.

What the militia is and who're in it are both beside the point (merely related to the point but not crucial to the point).<P>The term "militia" appears only in an ancillary, introductory, explanatory phrase of the single-sentence, single-subject second amendment.<P>The MAIN and ruling clause says that the right of the PEOPLE to keep and bear arms shall not be infringed. The use of the word "people" instead of the term "militia" (already used) is striking. The composers and amenders of this amendment were intentionally and excruciatingly precise in their word choices, so their use of a different but related term in the ruling clause testifies that they wrote precisely what they meant and meant it to say precisely what it says.<P>This illustrates a basic rule for truly, fully, and accurately interpreting and understanding any complex or compound sentence � first identify and isolate the main clause (the "core sentence"), examine what it says, then look to see what the ancillary phrases or clauses say to explain or support what it says.

<BR>Well put, Ken! <P>I think! <P>----------------<P><BR>

Darn right I am part of the Miltia.I am a veteran,but I would still fight to protect my country if needed.

I myself being 16 am not in a militia. The amendment was made for the purpous of having the people the ability to portect themselfs form the gov. The Nat. Gared is by no meens what the Second Amendment was ment for. It is not a STATE militia it is a federl gov. funded orinizarion. The idia of having state militias was bast on a time when there was vary few people in each state and allmost no state govenment. The amendment both states that people have the freedom to bare arms and for militia to form. If every one owns a gun and only 1% are in a state controled militia then the gov. cant screw with the 99% asmuch. The amendment has mening for non militia-men. when the gov. restrics assalt wepons from Califrona and has there L.A. polce offisers equiped with m-16 this distroys the amendment. I have nuthing agest the polce force but having goverment imployd people with more rights perticuly with wepons gose agest everything the bill of rights was made to do. There is many places that copes have more rights. This is can be good for the pertection of the people from crime but this has the potentil to expand to something vary bad for all peoples freedoms and rights. In Mass. all semi-atos without:<BR>a worning sistem to show if the gun is loaded<BR>at least a pound triger pull<BR>are band for sales. This pritymuch gives Smith&Wesin a munapily because it is the only cumpany that must falow these guidlines.<P>I'm writing a paper on gun-control in school. I will post it on this site when it is completed ( i think that it should be done in about 3 weeks)

I look forward to your paper.<P>Please run "spell check" on it before you turn it in.<P>------------------<BR>Lest not we forget, America is a Republic, NOT a democracy. Learn the difference, spread your knowledge, help end the lie. Fear a government that fears your guns.

I live in Ohio where the state Constitution states that all males between the ages of 17 and 66 are part of the militia, subject to call up by the governor.

Does being a part of an informal 'neighborhood block watch' count?.. ..jim