We are the Militia
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ctdonath
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As just lucidly explained in yesterday's Parker verdict, the militia of the 2nd Amendment includes pretty much everyone. In an extreme, even a wheelchair-bound grandmother can take out the first stormtrooper thru the door if only she has a pistol.
More limited definitions apply where a more limited militia is expected. The current, and classical, federal definition of militia is indeed "males 17-45", but is likely defined as such because that group is most likely entirely capable of combat; those outside the group still have interests in militia rights and an individual RKBA, though the government (at times of such great need as to call up the militia) would not have the luxury of screening under-17, over-45, and females for combat readiness. Sorry, folks in those groups, but under such dire conditions it is reasonably safe to assume that most therein are not ready to hump a 60-pound pack over arbitrary terrain while killing people.
So yes: we all are the militia.
That said: the government reasonably takes a more limited view thereof for practical reasons.
The key question to ask about limiting the definition of militia is: why? most who try to limit it do so not out of efficiency of defense, but with goals of disarming.
More limited definitions apply where a more limited militia is expected. The current, and classical, federal definition of militia is indeed "males 17-45", but is likely defined as such because that group is most likely entirely capable of combat; those outside the group still have interests in militia rights and an individual RKBA, though the government (at times of such great need as to call up the militia) would not have the luxury of screening under-17, over-45, and females for combat readiness. Sorry, folks in those groups, but under such dire conditions it is reasonably safe to assume that most therein are not ready to hump a 60-pound pack over arbitrary terrain while killing people.
So yes: we all are the militia.
That said: the government reasonably takes a more limited view thereof for practical reasons.
The key question to ask about limiting the definition of militia is: why? most who try to limit it do so not out of efficiency of defense, but with goals of disarming.
Jacka L Ope
Member
Not only does the 2A guarantee the RKBA, but many State Constitutions read very similarly. This from Washington State constitution:
SECTION 24 RIGHT TO BEAR ARMS.
The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this Section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.
With regard to the militia:
RCW 38.04.030
Composition of the militia.
The militia of the state of Washington shall consist of all able bodied citizens of the United States and all other able bodied persons who have declared their intention to become citizens of the United States, residing within this state, who shall be more than eighteen years of age, and shall include all persons who are members of the national guard and the state guard, and said militia shall be divided into two classes, the organized militia and the unorganized militia.
Rather clear, I'd say. Another provision goes on to describe the composition of the organized, formal militia but does not mention we the unorganized again. Likely that the States were following the lead from the national level.
SECTION 24 RIGHT TO BEAR ARMS.
The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this Section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.
With regard to the militia:
RCW 38.04.030
Composition of the militia.
The militia of the state of Washington shall consist of all able bodied citizens of the United States and all other able bodied persons who have declared their intention to become citizens of the United States, residing within this state, who shall be more than eighteen years of age, and shall include all persons who are members of the national guard and the state guard, and said militia shall be divided into two classes, the organized militia and the unorganized militia.
Rather clear, I'd say. Another provision goes on to describe the composition of the organized, formal militia but does not mention we the unorganized again. Likely that the States were following the lead from the national level.
Brian Dale
Member
Under 10 USC 311, women can't be drafted, nor can those men who are 45 or older.
They still have the right to arms.
They still have the right to arms.
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