[Aguila Blanca]

Originally Posted by WeedWacker

Yes, the militia act was written much later than the 2nd ammendment. However, it's purpose is to clarify and define some terms.

The first clause in the second amendment recognizes a well regulated militia being necessary for the security of a free state.

What is the militia?

Enter the Militia Act.

It lists several types that exist, namely the unorganized militia that includes all able bodied males ages 17 to 45.

The next clause of the second amendment recognizes the right of the people to keep and bear arms. Is someone under 18 not a person, then, and therefore not allowed to bear arms? The militia act seems to include them in that bracket of we the people.

I don't accept that the purpose of the Militia Acts (there were two) was to clarify and define some terms. I think everyone at the time of the founding knew what a militia was. The Militia Acts set out who was in the militia, and what kit they were required to provide.

There is nothing in the original Militia Acts of 1792 about an unorganized militia. That came more than 100 years later, in the militia act of 1903, to differentiate between the National Guard and the unorganized militia. The original age range was 18 to 45, and it only included able-bodied, free white males.

In addition to defining who comprised the militia, it also spelled out how the militias were to be organized and equipped. That was its purpose, not to clarify words used in the Second Amendment. Back then, everyone knew what the words meant and what the Second Amendment meant.

http://americanusconstitution.com/mi...f5-8-1792.html

CHAP. 1.—An Act more effectually to provide for the National Defence by establishing an Uniform Militia throughout the United States.[1]

This Act was passed May 8, 1792
Militia how and by whom to be enrolled.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That each and every free able-bodied white male citizen of the respective states, resident therein, who is or shall be of the age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia by the captain or commanding officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this act. And it shall at all times hereafter be the duty of every such captain or commanding officer of a company to enrol every such citizen, as aforesaid, and also those who shall, from time to time, arrive at the age of eighteen years, or being of the age of eighteen years and under the age of forty-five years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrolment, by a proper non-commissioned officer of the company, by whom such notice may be proved. That every citizen so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch with a box therein to contain not less than twenty-four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball: or with a good rifle, knapsack, shot-pouch and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear, so armed, accoutred and provided, when called out to exercise, or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. 1803, ch. 15.That the commissioned officers shall severally be armed with a sword or hanger and espontoon, and that from and after five years from the passing of this act, all muskets for arming the militia as herein required, shall be of bores sufficient for balls of the eighteenth part of a pound. And every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.

The Militia Act has nothing to do with the Second Amendment. The Heller decision made it clear that the Second Amendment's prefatory clause was not a requirement for serving in the militia in order to enjoy 2A rights. The 2A applies to everyone, irrespective of membership in a militia.