[kingu]

whether the Second Amendment’s right to “keep and bear arms” is an individual right or was meant to apply only to members of a “well-regulated militia.”

Short argument: Everyone was eligible to be part of the militia.

I don't get how they can find secret parts of the constitution that state that abortion is an issue of privacy, or that 'limited time' means an author's lifetime plus seventy years, yet choose to restrict the one amendment that ensures that all of the rest will be protected.

Oh... Wait, that must be why.

[M1Tanker]

Short argument: Everyone was eligible to be part of the militia.

You probably already know this, but I wanted to insert the section of the US Code that backs you up:

TITLE 10, Subtitle A, PART I, CHAPTER 13, 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.

Pretty much means just about everyone in the USA is either part of the militia or “retired” from it. If the person has prior military service, the age is extended to 64. With retirement ages increasing, and in time of need, I am sure the upper age range would be waiverable.

[FortWorthPatriot]

"Short argument: Everyone was eligible to be part of the militia."

I've often wondered why gun grabbers haven't tried using the language of the Militia Act against us. According to § 311 of Title 10, the people eligible for the Militia of the United States are "able-bodied males at least 17 years of age and ... under 45 years of age." There are exemptions listed in § 313 of Title 32, of course but they address enlistments and appointments into the National Guard.

If you apply the letter of the law to it, strictly speaking the unorganized militia can be comprised of only males age 17 to 45. Gun grabbers could be able to argue that those of us males 45 years or older (including yours truly) as well as women do not belong to the unorganized militia, so therefore are not eligible to keep and bear arms. (I know, it's ridiculous but I wouldn't put it past them to try this angle)

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

§ 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.

Maybe I'm reading it wrong but it's always worried me about the "under 45 years of age" clause. I am interested in getting everyone else's opinion on this.