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Journal sfsp's Journal: 2nd Amendment

I want to expand on one section of my "Rant Fodder" entry from a few days ago, where I was ranting about the 2nd Amendment. For your convenience, here is the text of the 2nd Amendment in its entirety:

"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."
(http://www.law.cornell.edu/constitution/constitution.billofrights.html)

I've heard a lot of arguments about the exact meaning of "militia". So, here you go:

"U.S. Code, Title 10, Section 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."
(http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=10&sec=311)

So, in U.S. law, the militia comprises every able-bodied male citizen or citizen-wannabe between 17 and 45 years of age, who is NOT a member of the Armed Services, and every female who is a member of the National Guard. Those who are not members of the National Guard or Naval Militia make up the "unorganized militia", who are nonetheless PART OF THE MILITIA.

Notice that this does NOT mean that I lose my right to bear arms when I turn 45! That would be an infringement of the right of the people to keep and bear arms, which exists because a militia is necessary to the security of a free state. The need for the militia, the rights of the people, and the security of the state, continue REGARDLESS of my age.

Thanks to SlashDot member ExMember for pointing out the legal definition of "militia".

With your bare hands?!?

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