Michigan goes full auto again!! Woohoo!!

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Well, I am glad for Michigan. Indiana allows machine guns and I have never seen the infamous tidal wave of blood washing down the streets that some people here seem to be afraid of. To see that I guess I would have to go northwest to Chicago. Funny that machine guns and CCW permits are verboten there.

I really do not see what the big deal is. Legally registered machine guns are so darn expensive that few people can afford them. I like guns, but have never once thought about owning a full auto due to the steep price.
 
PlayboyPenguin said:
Oh...sorry. you are wrong in saying that i contradicted myself. i do form my own opinions.
I understand that, and never meant to imply that you didn't. Just the opposite, actually. I belive you, I, and most people, are capable of forming our own opinions, no matter what we read. Regardless of the slant, political or otherwise, of what's being read.

And yes, even those vaunted "legal decisions" of the USSC (or of any court) have a political side to them. That is why there is always such a debate when a SC justice is being nomitated. Conservatives want politically conservative judges. Liberals want politically liberal judges. Those wants are legitimately based on the fact that the politically debated and chosen justice will go on to make "politically unbiased", "legal" decisions.

As far as me being wrong, no I'm not - you're wrong! :evil:

"There is no such thing as right or wrong, there is only opinion"

Now, just to stay a little on topic - Machine guns are COOL. :D

Carry on!
 
PlayboyPenguin said:
I had a person on this very board state that the mitiltia was there to fight AGAINST the government and alot of people supported his statement. I did find it a bit disconcerting that in some instances they used older definitions and in some they used more recent when those definitions better suited their viewpoint.

READ the Federalist Papers!!

If you read them, you would know that one of the key reasons for the 2nd Amendment is to allow the people to resist a tyrannical government (which is not surprising -- only 4 years before the Convention, the people HAD resisted and defeated a tyrannical government.)

The people are the guarentors of their own liberty.
 
Meplat said:
Are we on the same planet? The topic of the thread is Michigan's decision to allow law abiding people with the means and the desire to own fully automatic weapons to do so. Your postulation was that you were uncertain as to whether this was a good idea because of the potential for destructive misuse, while maintaining that somehow other arms were acceptable to you. All that was pointed out was the fact that the use of military style arms before the invention and widespread usage of fully automatic weapons were fully capable of killing quite effectively. The same military style arms that you now consider "acceptable".

I think you are missing the point...along with a lot of other frothing at the mouth attack dogs (not impying you are one but there are some on here). I poll was done just yesterday on this very board and (at the time) 63% on this board voted for gun control and had issue with people ( a full third of respondants) that said "everyone" should be allowed to purchase regardless of background, criminal history, age, or lack of training. What do think those numbers would be if the general public was polled...and the reason (in my opinion) is we have way to many FAR right people in the gun movement who will thump their breasts and quote the 2nd amendment (even though they do not truely understand it any better than the next guy) and not move from their "ALL OR NOTHING"..."pry it from my cold dead hands" attitude that just turns the average person against us gun enthusiasts. As soon as anyone on these boards states an opinion that varies at all from these philosophies they attack without hestitation. If the statement itself was not enough to justify attack they "embelish" and try to draw conclussions about what someone thinks from what they think they wrote, which they usually did not write in the first place. I have had to go back several times and ask people "where did I say that?" only to get the response "you emplied that..." It is a shame that you would attack someone on a statement like "I am not sure how I feel" (I even gave reasons for my hesitation and stated that I knew these were personal issues but will still love to be able to own one)...what a way to turn people against you and make the entire movement look bad. Seems to me that would be a time to try and sway someone your way, not turn them immediately against you. I see this on here all the time. I spent the last two days reading post as far back as I could and I see many people on here that have been rabidly attacked every time they state an opinion even slightly outside the "all or nothing" platform. And here is some advice...quoting the 2nd Amendment has not won a single case where a gun law was challenged as to it's constitutionality so start being a little more astute and get some better ammo. there are lots of better facts out there to support Gun ownership. A lot of people on here love to qualify that legal gun owners are safe, responsible people...then nwhat is wrong with having a simple litmus for who can own. And like I said it cannot be a case by case thing since that is to abitrary and easy to manipulate and deny whoever you fell like denying. It has to be concret...over 21, no criminal record, no history of mental illness, and take a gun safety course. And once you meet these simple requirement you can get a CCW and be a law abiding gun-toting American. I cannot believe that all the people on here have mental illness or a criminal record so what part of that is it that they protest? Do they love guns but not enough to take an hour out of their life to take a class? And do not give me that tired old slippery slope argument...the world is all about degrees of acceptance and tolerance and compromise. It is a shame that the gun movements worst enemy is often the gun movement itself. I see this in other movement also and it never ceases to amaze me. Like the gay rights movement when they are offered equal protect for civil unions but will not compromise on a stupid work like "marriage"...a word that belongs to the religous institutions to begin with so it is not up to the state to grant. I always thought these open forums were a place to express opinion and not be shouted down but according to several emails I have recieved from board members there is "...no use trying. There are not many open minds on the site and the ones that are there seldom speak up." If anyone on here thinks that kind of in-fighting and intolerance is going to advance the movement I will love to see what you think when all cities are like San Francisco. Do not fool yourself into thinking it cannot happen. It does not take much to cause a strong surge of backlash laws and look at all the news lately. A killing spree here in a NW Mall, a post worker killing spree, etc. Even though these would not have been stopped by tough gun laws do you think the average person will believe that or just follow the crowd when the "guns are the problem" contingent starts to shout. As for your statement...when you try to justify automatic weapons by saying something like who people were very adapt at slaughtering people even without them you are still putting forth a bad message. You cannot use death to justify more death. You are not going to make people say "I guess it okay if someone shoots up a mall since the Huns used to kill people by the thousands". OK attack dogs...go at me...I would actually find it funny if I didn't think that it was hurting the overall gun movement so badly.

PS- I haven't written that much since I did my thesis...this board is great as far as posting and being able to edit but it sure could use a spell check feature. :)
 
[sarcasm] I tell ya since the full autos are legal it has been a bloodbath, almost as bad as when they opened up the CCW laws in MI[sarcasm]
Understand that law abiding citizens do not comit crime nearly as much as criminals. Full auto will not cause a person to suddenly become evil and shoot people. MI has had C&R autos for a long time. This new ruling just opens up what can be owned.
 
rocky said:
[sarcasm] I tell ya since the full autos are legal it has been a bloodbath, almost as bad as when they opened up the CCW laws in MI[sarcasm]
Understand that law abiding citizens do not comit crime nearly as much as criminals. Full auto will not cause a person to suddenly become evil and shoot people. MI has had C&R autos for a long time. This new ruling just opens up what can be owned.

The only thing bad is that once they are legal to own we need to make sure there are limits as to who can produce and market or some gun makers will flood the market with cheap, unsafe autos solely for the black market. I do not think it is the law abiding citizen that buys one that will be any problem (like you or me) but instead some greedy corporation or gun maker than sees a way to make a quick buck. My second biggest fear (besides my association of autos with the death of many friends in the military) is the thought of how much a day at the range would cost me in ammo. I am betting a few hours of auto fire could probably equal a car payment. :D Would be fun though i bet since we never fired auto in the military...It was always 3 round burst unless you were laying quick movement cover fire which I never did. I did not even get an auto...since I was MI I was only issue a side holstered 9mm.
 
Vern Humphrey said:
READ the Federalist Papers!!

*sigh*.

Mr. Humphreys, don't you realize that the Federalist Papers are a biased polictical collection of writings yet? I don't CARE if they were written by the same people who penned the Constitution itself. They were just trying to use their own political views to justify having written such a poorly worded document.

*sheesh* How does one debate ANYONE who declares the Federalist Papers to be "biased political publications"?

If you read them, you would know that one of the key reasons for the 2nd Amendment is to allow the people to resist a tyrannical government (which is not surprising -- only 4 years before the Convention, the people HAD resisted and defeated a tyrannical government.)

That they did sir. In main, because of a determined and well armed general populace who "stood no chance against the mightiest army on earth". Does THAT sound familiar?

The people are the guarentors of their own liberty.

It's right sure no one else can be trusted with the job.
 
PlayboyPenguin said:
I think you are missing the point...along with a lot of other frothing at the mouth attack dogs (not impying you are one but there are some on here). I poll was done just yesterday on this very board and (at the time) 63% on this board voted for gun control and had issue with people ( a full third of respondants) that said "everyone" should be allowed to purchase regardless of background, criminal history, age, or lack of training. What do think those numbers would be if the general public was polled...and the reason (in my opinion) is we have way to many FAR right people in the gun movement who will thump their breasts and quote the 2nd amendment

Nope. My Dad could quote me every single one of the Amendments in the Bill of Rights well before the GCA of 1968. As could his Dad before him. Both had a grasp on the rest of the document as well. So, it's not the people who know what that document says who are the problem. The problem is in the leftist mass media who love hysteria and hate guns, and are so eager to brainwash the general public for fun and profit. It is in the leftist school systems who either teach that the Second Amendment applies only to National Guard troops (when the NG didn't even EXIST at the time of its penning), or "skip" over it altogther. And in "appeasement" types such as yourself who claim to have a grasp on what the Amendments were about, yet disprove any claim on credibility by calling the Federalist Papers "biased political publications". THERE'S our problem.


(even though they do not truely understand it any better than the next guy)

You mean the "next guy" who recognizes a subordinate clause as a subordinate clause, or who realizes that the Federalist Papers are a collection of writings penned by the SAME people who wrote the Constitution to begin with, and gave nothing more than further background for WHY they wrote it as they did?

I have had to go back several times and ask people "where did I say that?" only to get the response "you emplied that..."

Not once have you seen me state the you "emplied" anything, yet I have not seen you address any of my points in a line by line counter to them. You give quite enough information about your mindset by what you write without me having to figure out what you are implying.

It is a shame that you would attack someone on a statement like "I am not sure how I feel" (I even gave reasons for my hesitation and stated that I knew these were personal issues but will still love to be able to own one)...what a way to turn people against you and make the entire movement look bad.

As far as I know, I have attacked nothing but bad ideas and ill concieved posts.

Seems to me that would be a time to try and sway someone your way, not turn them immediately against you. I see this on here all the time. I spent the last two days reading post as far back as I could and I see many people on here that have been rabidly attacked every time they state an opinion even slightly outside the "all or nothing" platform.

*sigh* The leftists learned what the chieftain of an African village knew loooong ago. One eats an elephant ONE bite at the time. All of the Amendments contained within the Bill of Rights, like it or not, ARE an "all or nothing" proposition. Give the leftists even the FIRST bite, and they will be back for another forkfull as soon as they have swallowed.

And here is some advice...quoting the 2nd Amendment has not won a single case where a gun law was challenged as to it's constitutionality so start being a little more astute and get some better ammo.

Having seen the well directed reason displayed in your posts thus far, I will leave you and your free advice to someone who needs it. The plain naked fact is that the Second Amendment DOES recognize an INALIENABLE right, and thus can NEVER be irrelavent to a firearms rights discussion.

there are lots of better facts out there to support Gun ownership. A lot of people on here love to qualify that legal gun owners are safe, responsible people...then nwhat is wrong with having a simple litmus for who can own.

Err....that pesky 2nd again. Litmus tests are used in order to deny certain people in certain districts their rights. THAT is a fact. Just another way to "Bork" a citizen on a everyday scale.

And like I said it cannot be a case by case thing since that is to abitrary and easy to manipulate and deny whoever you fell like denying. It has to be concret...over 21, no criminal record, no history of mental illness, and take a gun safety course.

I underlined the part in question. Make it clear that I am not messing with nor manipulating your quotes. I just want to underscore my problem with it.
NOWHERE in the 2nd (that pesky 2nd again) does it say that people must receive government (or even private) training in order to execise their inalienable rights. You are not required to take any courses in English or Logic in order to post your views here. See: First Amendment. (BTW, one that leftists quote endlessly without turning people against the idea of free speech.)

And once you meet these simple requirement you can get a CCW and be a law abiding gun-toting American.

According to that pesky Second, your birth certificate IS your CCW. "...keep and bear..." Hard to "bear" something that you are prohibited from carrying.

I cannot believe that all the people on here have mental illness or a criminal record so what part of that is it that they protest?

Dunno. Could it be the same misuse of artificial litmus tests for citizens to deny the common man security in arms? People seem to think that it is impossible to get a permit to own a handgun in New York City. Fallacious belief. It's impossible if you are a commoner. If you are wealthy or powerful enough, you CAN get a permit.

Do they love guns but not enough to take an hour out of their life to take a class?

Have taken several classes myself. Took a lifelong one from my father. Not State sanctioned, but every bit as informative.

And do not give me that tired old slippery slope argument...the world is all about degrees of acceptance and tolerance and compromise.

So it is okay to rape a woman just a little bit? It is okay to beat a child unconcious under certain circumstances? No? you mean there ARE some things you don't think compromise is a good thing on?

It is a shame that the gun movements worst enemy is often the gun movement itself.

No sir, it is the leftists with their lies and half truths and demands for "compromise" who are the worst enemy. It is the soft brained people who buy into the leftist propoganda who are our second worst enemy.

I see this in other movement also and it never ceases to amaze me. Like the gay rights movement when they are offered equal protect for civil unions but will not compromise on a stupid work like "marriage"...a word that belongs to the religous institutions to begin with so it is not up to the state to grant. I always thought these open forums were a place to express opinion and not be shouted down but according to several emails I have recieved from board members there is "...no use trying. There are not many open minds on the site and the ones that are there seldom speak up." If anyone on here thinks that kind of in-fighting and intolerance is going to advance the movement

If you think that pointing out erroneous posts is "infighting" then so be it.

I will love to see what you think when all cities are like San Francisco. Do not fool yourself into thinking it cannot happen.

Are you really so blind that you can't see that I KNOW it can happen without a contingent of "no compromise" people willing to stand up and say "no more"?

It does not take much to cause a strong surge of backlash laws and look at all the news lately. A killing spree here in a NW Mall, a post worker killing spree, etc. Even though these would not have been stopped by tough gun laws do you think the average person will believe that or just follow the crowd when the "guns are the problem" contingent starts to shout.

And Heaven above knows that the grabbers wouldn't be shouting for the sheep to follow if we all "just compromised" on fully automatic weapons. Or semi-automatic firearms. Or bolt or lever action repeaters. Or single shot weapons. Or look to England, that glorious land of reasonable appeasement. They now are working on legislation to outlaw sharp points on steak knives. Seems someone there used one too many to stab someone with. Self defense is not a defense there, ya know?

As for your statement...when you try to justify automatic weapons by saying something like who people were very adapt at slaughtering people even without them you are still putting forth a bad message.

Oh dear. Forbid I should say something true. How ugly of me. And what I said was that if you studied the battles fought in ancient times, the bloodshed was WORSE because of the absence of firearms. A sword stroke at close range is a terrible thing.

You cannot use death to justify more death.

Do you have a reading impairment? (That is not a rhetorical question, btw). I never "justified" any death and dare you to show where I did. I merely stated the plain fact that the possession of firearms does NOT lead to more deaths, or even necessarily to easier murder, contrary to your posts. Quite the opposite, aamof. The possession of firearms has been proven to save many more lives than it allows to be taken. And even on the field of battle, it makes for more humane warfare.

You are not going to make people say "I guess it okay if someone shoots up a mall since the Huns used to kill people by the thousands". OK attack dogs...go at me...I would actually find it funny if I didn't think that it was hurting the overall gun movement so badly.

If by pointing out the fallacies in your posts, you think I have "hurt the cause", then I strongly suspect you need to re-evaluate how you assimilate information.

PS- I haven't written that much since I did my thesis...this board is great as far as posting and being able to edit but it sure could use a spell check feature. :)

*sigh* I hope the thesis wasn't on English comprehension. Upper right hand corner. "ABC" with a check mark underneath. You can download a spell checker there if you so desire.
 
PlayboyPenguin said:
The only thing bad is that once they are legal to own we need to make sure there are limits as to who can produce and market or some gun makers will flood the market with cheap, unsafe autos solely for the black market.

I feel a STRONG case of either the giggles or a gagging fit coming on. That is one of the most laughable posts I've seen in years. What part of "limits" and "black market" do you see as NOT being compatable?

I do not think it is the law abiding citizen that buys one that will be any problem (like you or me) but instead some greedy corporation or gun maker than sees a way to make a quick buck.

True colors? Wow, and here you were talking about your concern with "the movement". You're quoting right from Sarah Brady's Bible about those "greedy gun makers".
 
owen said:
The Federalist Papers were essays written by the writers of the Constitution, explaining why it written the way it was. They were published in newspapers to help the ratification process along.

As good as the Constitution and Bill of Rights are they were not divinely carved in stone and carried down from some mountain top. They are simply the opinions of a handful of men - wise men no doubt, but men none the less - and only written in final form after many years (nine, I think it was) of arguing and wrangling. For all we know the wording of the second amendment is nothing more than compromise language accepted so those who opposed it could get their way on something else.
 
My fear (or expectation) is that some moron in my neighborhood with more dollars than sense will get one of these. And he'll haul it out in his driveway on Dec 31, and at the stroke of midnight .... light up the neighborhood. This Detroit suburb sounds like a war zone anyway on New Years eve. Full auto and mass quantities of beer - wow.
Repeat after me " Innocent until proven guilty" After someone commits a crime, you can arrest and prosecute them.

Are you worried about your neighbors' Lamborghini? You know he plans to speed, don't you? Probably while drinking. 800 horsepower and mass quantities of beer.

Kapeesh?



What do think those numbers would be if the general public was polled...
I could care less. That's the point of the Constitution.

How many people would be happy to allow warrantless searches? Prior Restraint? Double Jeopardy? Involuntary Servitude? Poll Taxes?

There is a limit to the legitimate interference of collective opinion with individual independence; and to find that limit, and maintain it against encroachment, is as indispensable to a good condition of human affairs as protection against political despotism. — On Liberty, The Library of Liberal Arts edition, p.7.

Mills said it better than I could ever hope to.
 
UberPhLuBB said:
If that's the way you think then aren't you afraid that the government would be the only ones capable of "spraying and praying" over hundreds of citizens crowded together? That frightens me infinitely more than my fellow gun owners owning full-auto.

You must meet force with force, my friend. A few scattered shooters with hunting rifles an army does not make. By this logic, we should be allowed to purchase tanks and state of the art fighter jets as well, instead of being prevented from doing that by exclusive military contracts and FAA regulations.

It's scary to think about, even if it is very unlikely to happen. We NEED everything they have. Not want, NEED. Soldiers are people too, and some of them would no doubt defect, pushed by their morals. But as an Army grunt, you should know better than most the rigid control structure soldiers are subject to. Quitting and turning just aren't an option to most soldiers and they WILL fight us if told to, bringing their jets, helicopters, tanks and plenty of full-auto weapons to bear on us. And why not? What's to stop them? Certainly not us, with our $600 hunting rifles and pistols.

I'm no tinfoil wearing SHTFer, I rarely talk about this stuff. But think logically.

Sorry to get off topic folks.


PlayboyPenguin.

Once again, will you be ignoring this post? Or was the size 7, red text finally enough? It's against my common thinking to type something like this, and I did it just for you. I'd appreciate a response, even if it's just "yes, I'll be ignoring it."
 
jtward01 said:
As good as the Constitution and Bill of Rights are they were not divinely carved in stone and carried down from some mountain top. They are simply the opinions of a handful of men - wise men no doubt, but men none the less - and only written in final form after many years (nine, I think it was) of arguing and wrangling. For all we know the wording of the second amendment is nothing more than compromise language accepted so those who opposed it could get their way on something else.

A few comments:

First of all, the Constitution was written in less than a year. They finished on September 17th, 1787. It was ratified by the required nine states (the remainder ratifying later) and went into effect in 1789. So it took only about three years from start to finish.

Secondly, despite the fact that it was written by fallible humans, it is the supreme law of the land, on which all other laws are based.

Third, the Constitution specifies the process by which it can be amended -- and "reinterpretation" or "living document" is not one of those processes.

In passing, I might also point out that it is the oldest written Constitution in the world, and while there are presently 27 Amendments, ten of these are the original Bill of Rights, two cancel each other out (the 18th and 21st). Of the remaining 15 Amendments, several are technical corrections (the 12th is a good example.) So significant amendments average about one per generation.
 
PlayboyPenguin said:
Where do you get this info from. I have been there and I never saw one family with auto weapons in their homes nor heard mention of it. In fact when we were in state there we were given instruction that the local gun laws were actually quite strict. Have they changed? is this something that used to be true but is no longer? just curious.. As for picking up rocks being equivelant to using a gun you need to step back and rethink that...if someone had just had a rock I would not have seen my friend SSG A. Michell shot in the back from a hundred yards out while handing out candy to local children...if someone had only had a blade I would not have been present when 3 men lost their lives to automatic weapons fire from a nearby roof top in the very spot that a friend of mine and I had been standing mere seconds earlier, etc.

What does any of the above have to do with my rights?
 
Originally Posted by PlayboyPenguin
Where do you get this info from. I have been there and I never saw one family with auto weapons in their homes nor heard mention of it. In fact when we were in state there we were given instruction that the local gun laws were actually quite strict. Have they changed? is this something that used to be true but is no longer? just curious.. As for picking up rocks being equivelant to using a gun you need to step back and rethink that...if someone had just had a rock I would not have seen my friend SSG A. Michell shot in the back from a hundred yards out while handing out candy to local children...if someone had only had a blade I would not have been present when 3 men lost their lives to automatic weapons fire from a nearby roof top in the very spot that a friend of mine and I had been standing mere seconds earlier, etc.

chas_martel said:
What does any of the above have to do with my rights?

What you see here is the bizzare (but often argued) proposition that people who would shoot a solider in the back would never break the law and possess an illegal gun!!
 
Vern Humphrey -- # 114
... I might also point out that it is the oldest written Constitution in the world ...

Not to disagree with your point at all, but I think you meant the oldest federal constitution in the world. The Massachusetts Constitution is older.

http://en.wikipedia.org/wiki/Massachusetts_constitution

The Constitution of the Commonwealth of Massachusetts ... was adopted in 1780 and is often called the oldest functioning written constitution in the world.

Also ...

The oldest written constitution of an existing nation may be that of San Marino. ... Written in 1600, the document ... still remains the basic law in effect today.
http://en.wikipedia.org/wiki/Constitution
 
Am I to believe the guy who started doesn't understand the Constitution is fighting in the military in Iraq. What do they teach the Military about our rights in this country. Anything????????? I know there are alot of people who think the way he does. I just disagree with him. He is like everyone on the left or those in the mushy middle who really know just a little to be dangerous. They hem and haw about the Constitution and BOR they bend and twist and try to make it fit into what they want it to say. Nothing new here. It has been going on since the Progressive Movement started. It will not stop.. The question is who will win. I hope the people do. Not the State. Is he aware the the private ownership of machineguns is legal in all but 12 states. I guess 11 now. He is upset about something that is the majority law of the land. But he did not notice the militia system in Switzerland so how in heavens would he know he is in the minority in his own country. :scrutiny:
 
PlayboyPenguin said:
I really did not have anything to add here... I just found it funny that someone on a gun board is called "Carebear" I just had to sit down and sketch this...forgive the crudeness of the drawing...since I am on the job site all I had was a sharpy marker and the back of some old wallpaper to draw on...I then took a pic with my cell cam and uploaded it to my portable to color it. :)

That's cool. :)

It's a nickname (riffed from my last name) given me by one of my SOI instructors. I can't make a "war face" to save my life, so carebear it was.

After I joined my Recon unit I kept it as my callsign just to piss off all the "Bearslayers" "Grim Reapers" and "Death Dealers". You could hear them audibly pause and choke on the net when calling me.
 

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PlayboyPenguin

While I assume that you are a person of good will with sincerely held beliefs, I am here to tell you that the positions you have stated regarding full auto guns sound quite a bit like quotes or paraphrases from the position papers of a number of anti-gun organizations. I prefer to believe that you are simply not familiar with the arguments on the pro-gun side of the controversy, rather than that you are a troll, and it is in that spirit that I have written this post.

Originally Posted by Kodiaz
The Army, Marines, National Guard, Air Force and Navy are not the militia. They are all branches of the govt.'s military. They all go where they are told when they are told. The purpose of the militia is to fight the govt. not to do what it says.
Hmmm...a new definition to me. But to each his own opinion. Like I said...I am undecided. Just for reference here is the dictionary definition of militia.

mi·li·tia P Pronunciation Key (m-lsh)
n.
An army composed of ordinary citizens rather than professional soldiers.
A military force that is not part of a regular army and is subject to call for service in an emergency.
The whole body of physically fit civilians eligible by law for military service.

Kodiaz is correct in stating that the National Guard of the various states are parts of the federal government, and are not the "militia" as that term was either originally conceived or as it is currently defined in US law.

It is part of the federal military, as ruled unanimously by the US Supreme Court in PERPICH v. DEPARTMENT OF DEFENSE, 496 U.S. 334 (1990) 496 U.S. 334 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=496&invol=334

As stated, current law states that the "militia" (i.e. the "unorganized" militia of current law) is not the National Guard. The National Guard is part of the "organized militia" of current law (which is directly comparable to the "select militia" like the Minutemen of colonial times) and distinctly unlike the ordinary farmer who brought his gun to take shots at the Brits at Lexington and Concord, Cowpens, and a host of other battles throughout the Revolutionary War, who was part of what would today be called the "unorganized Militia."

http://www4.law.cornell.edu/uscode/...tml/uscode10/usc_sec_10_00000311----000-.html

TITLE 10 > Subtitle A > PART I > CHAPTER 13 > § 311

§ 311. Militia: composition and classes
Release date: 2005-07-12

(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
 
Corrected continuation of Post #121 (somethings messed up with the posting system):

(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.

Now, as for Kodiaz' statement that:
The purpose of the militia is to fight the govt. not to do what it says.

Let's just say that this isn't what the law says. In fact, without quoting chapter and verse as above, the militia is subject to call-up by the government to deal with various emergencies, including civil insurrection and foreign invasion (and it was, in the distant past, called up for both purposes). However, one must keep in mind that the militia of colonial days was used to overthrow the then-current legal government by a bunch of revolutionaries. Those revolutionaries are now revered as our Founding Fathers (and properly so), who wrote the 2nd Amendment for a purpose. In reading the Federalist Papers (particularly #46, by Madison - the key writer of the Constitution and later a President), it is evident that those creating the then-new representative republic that we now live in were deathly afraid of a powerful central government. [Oh, and BTW, the Federalist Papers are NOT a bunch of biased political claptrap - they are the explanation of what the Constititution means by those who wrote it. Yes, of course they wanted it passed, otherwise why write it - but it IS the law of the land. So what on Earth is the problem with using the explanation of those who wrote the law to discover the law's meaning? It is the closest thing that we have to a legislative history of the Constitution and the Amendments - whether you or I agree with them or not]. They and their compatriots had, after all, only just finished fighting one such government only about 8 years before the 2nd Amendment was proposed, and they surely did not want to create conditions that would make a domestic version of King George's government more possible. Thus, though they understood and acknowledged that some central authority was needed to have commerce flow smoothly and to coordinate national defense, they specifically limited the fed.gov's authority and split it between the branches (mostly between the Executive and the Legislative - the Judicial wasn't conceived of as anywhere near as important as it is today). However, the final back-up, the Constitutional Reset Button if you will, is the 2nd Amendment. If our government reverts/decays into a tyranny, the whole body of the population would have the means protected by which they could initiate and prevail in a 2nd American Revolution.

As to the legality or protection of the right of the People to own full auto guns under the 2nd Amendment, I suggest that you look at United States v. Miller, 307 U.S. 174 (1939) http://www.rkba.org/research/miller/Miller.html This analysis makes it clear that the militia not only can, but should be armed with weapons comparable to those wielded by the average infantryman of the armed forces, i.e. it keeps up with the times. This is consistant with the 1st Amendment, in that no one then could conceive of faxes, email or modern high-speed presses, just like no one knew about machine guns (though I believe that there was some patent filed in the mid-1700s in England for just such a device). Failure to admit this for the 2nd Amendment would, by the same logic, permit fed.gov censureship of all newspapers, all email and all faxes - something that no rational person who likes the US has ever advocated.
 
I take Penguin's absense and discounting of my post to mean he's either given up his ideal or has given up fighting us and moved over to the DU forums. :D
 
PlayboyPenguin said:
Hmmm... I read the 2nd Amendment and I do not see any mention of autos. I also see where it says a well regulated militia...and there are many texts from the time period that state what they consider a "well regulated militia" and they never mention the right of an individual to casually carry a weapon. It says "militia"... when I was not on duty with the ARMY I did not get to wear my uniform or carry my weapon. I am guessing a well regulated militia would be much the same.:cool:

10 USC 311, says that all American citizens, and those who intend to be citizens and are between 17 and 45 years old, male and not part of the national guard or naval militia are members of the unorganized militia of the United States. Here is the law:
§ 311. Militia: composition and classes said:
(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.


I believe that civilians should be able to own machine guns. Generally, the reason for the control of arms, is so that the government may have a monopoly on force, and ensure it's power, a la PR China, PDR Korea, etc...
As you made very clear, fully automatic weapons are for nothing other than killing people and are suitable only for the military. That said, you are implying that the government should have a monopoly on force, which sets a slippery slope towards the end of personal defense a la England.

The NFA of 1934 was a reactionary measure to the prohibition violence. While I don't have the numbers handy right now, I know for a fact that after prohibiton and prior to the NFA, machine gun violence decreased dramatically.

Mr. Playboypenguin, you said that you might someday be interested in owning a fully automatic firearm for occasional target shooting and the interest in having one. I know from your other posts that you like affordable firearms, like most of us. Fully automatic firearms would be a lot less expensive if they were not forbidden from current manufacture.

I am not trying to flame you, just present my case:)
 
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