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Old September 28, 2012, 08:03 PM   #25
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 6,188
Quote:
Originally Posted by Spats McGee
As for the rest, the 2A refers to the right of THE PEOPLE to keep and bear arms, not THE RIGHT OF THE PEOPLE IN THE MILITIAS.
The 2nd Amendment also does not say that "... the right of those People whom Apom has deemed qualified to keep and bear arms shall not be infringed."

Quote:
Originally Posted by BlueTrain
The original notion of the militia hardly included everyone, by the way, and you probably wouldn't want everyone in today, either.
But the militia exists today under Federal law, and as written it includes all gang bangers between the ages of 17 and 45 who have not been convicted of a felony. The militia is NOT the National Guard. The NG is one component of the militia, but it is not THE militia.

The current version of the Militia Act is found at 10 USC 311:

Quote:
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 13 - THE MILITIA

Sec. 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.

Last edited by Aguila Blanca; September 28, 2012 at 08:13 PM.
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