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To all Gun Control Advocates: The "Militia" is not what you think it is.
Free Republic | 04/24/2007 | Matt Brazil

Posted on 04/24/2007 7:13:04 PM PDT by Ultra Sonic 007

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To: tpaine
Not so, it's been defined; - in context - as was noted: "-- a well regulated militia is one that is trained well. --"

Where is that sentence is the 2nd Amendment. You appear to be pulling things out of your a. . . I mean air.

And why you can't/won't answer ours.

You are speaking in the plural as if someone else is involved in our exchange. It seems you might have a small megalomaniac complex. Or do you represent an organization?

It shall not be infringed. -- What more need be said?

As I said, you have a conclusion, but don't even understand my question.

Last time: Define "well regulated".

Maybe to make things less confusing and to shorten this thread a bit you can just take this last part of our exchange. I and the other Freepers are big boys and can look back at the other posts to see the entire exchange if required.

61 posted on 04/25/2007 7:10:58 AM PDT by Einigkeit_Recht_Freiheit (I don't care what side of the debate you are on: Weather is not Climate)
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To: tpaine

Wait. I just read your manifesto. Never mind. No point in this exchange.


62 posted on 04/25/2007 7:12:01 AM PDT by Einigkeit_Recht_Freiheit (I don't care what side of the debate you are on: Weather is not Climate)
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To: webboy45

I agree with you. The right clearly pertains to the people, not to some sort of standing militia.

But there is a more interesting issue, I think, and one that is not at all settled. And it defies black-and-white thinking. Which means alot of people won’t like to think about it at all.

The issue is, “What arms?” And I don’t think the founding fathers give us much to go on either. Was the original intention of the 2nd that the people be allowed to keep a musket, flintlock pistol, tomahawk, knife, and perhaps a military-style sword only? How about cannon? How about a warship? I suspect the original intention contained no restriction with respect to type of arms. Certainly, the language of the ammendment contains no such restriction.

But we have all accepted a de facto infringement, and one which is probably quite necessary. Let’s get absurd. Does an individual have the right to possess an atom bomb? Why not? It is a form of arms, no doubt. Should he have the right?

Okay. Nobody’s arguing for that. Except me maybe. Well let’s move to Abrams tank. Same questions as above. MLRS, mortars, howitzers, frags, chain-guns, air-superiority fighter jets, automatic weapons, semi-automatics with big magazines, with collapsible stocks, with pistol grips, with more effective ammuniation. Why do we have the right to keep and bear some arms and not others?


63 posted on 04/25/2007 7:13:38 AM PDT by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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To: Shooter 2.5
The only requirement for a militia man was his age and showing up with a rifle or musket, powder and ball.

Well, no. Different militia units in different locales had different regulations; in some areas, as in the former French Northwest Territory area from Vincennes to Detroit, militiamembers were required to understand the French language commands of their French veteran officers; in most others English was the working tongue, though some Pennsylvania units probably condusted their operations in German. By 1774 Massachusetts began enlisting black freeman and former slaves in its militia companies; other communities forbade the participation of such. Too, some limited the enlistment to include only those who could demonstrate their ability with their weapon; speed of loading on command with a musket or accuracy with a rifle. In some jurisdictions ministers, teachers or public officials were exempt from militia service; in others they were not [and in some, the militia was considered so necessary that those who held positions of leadership were prohibited from holding other public offices.] And in some units, a *subscription fee* had to be paid upoin enlistment to cover the cost of uniforms and common equipment; other units paid a bounty to any warm body that showed up for duty.

In short: the regulations and standards of different militia varied considerably, tailored to the circumstances and resources of the communities from which they were drawn. State by state and town by town, requirements were far from simple, nor uniform.

64 posted on 04/25/2007 7:24:36 AM PDT by archy (Et Thybrim multo spumantem sanguine cerno. [from Virgil's *Aeneid*.])
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To: swain_forkbeard; Squantos
But we have all accepted a de facto infringement, and one which is probably quite necessary. Let’s get absurd. Does an individual have the right to possess an atom bomb? Why not? It is a form of arms, no doubt. Should he have the right?

You can make a pretty good argument that an *atom bomb* is not a *weapon* per se but a form of ammunition, some types of which can indeed be limited by treaty or law as inappropriate for militia usage.

Militia units and individuals might thereby have the means to deliver such ammunition, via aircraft, missile or some light artillery launchers, but their ammunition therefor would be limited to conventional warheads, unless some very drastic circumstances required otherwise.

Neither is the cost and proper maintenance of nuclear ordnance inconsiderable.

65 posted on 04/25/2007 7:32:33 AM PDT by archy (Et Thybrim multo spumantem sanguine cerno. [from Virgil's *Aeneid*.])
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To: Einigkeit_Recht_Freiheit
Last time: Define "well regulated".

It means they keep their clocks and wristwatches wound. In this electronic age, it means that those with digital watches have fresh batteries in them.

Now you tell me: why is it vital that todays soldiers have exact, precise common timepieces? There is a very real reason.


66 posted on 04/25/2007 7:36:21 AM PDT by archy (Et Thybrim multo spumantem sanguine cerno. [from Virgil's *Aeneid*.])
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To: Biggirl
A lot of the gun control advocates think that the word milita means what we call the National Guard today.

Ah, no problem. Than the other rights for *the people* enumerated in the Bill of Rights apply only to the National Guard as well.

Nope. The NGUS is a part of the militia, but not all of it. And it has become a part of the standing army about which our founding fathers had some very particular concerns.

67 posted on 04/25/2007 7:39:29 AM PDT by archy (Et Thybrim multo spumantem sanguine cerno. [from Virgil's *Aeneid*.])
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To: archy
It means they keep their clocks and wristwatches wound

Interesting answer. Anything to back this up?

why is it vital that todays soldiers have exact, precise common timepieces?

68 posted on 04/25/2007 7:43:30 AM PDT by Einigkeit_Recht_Freiheit (I don't care what side of the debate you are on: Weather is not Climate)
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To: swain_forkbeard
The issue is, “What arms?” And I don’t think the founding fathers give us much to go on either. Was the original intention of the 2nd that the people be allowed to keep a musket, flintlock pistol, tomahawk, knife, and perhaps a military-style sword only? How about cannon? How about a warship? I suspect the original intention contained no restriction with respect to type of arms. Certainly, the language of the ammendment contains no such restriction.

Very clearly they meant for individuals to have cannon and ships of war, since the constitutional authorization for letters of Marque, and Privateers made it clear that some citizens would possess such equipment and resources, and that the private warfighting services of those businessmen could be purchased or leased as a function of government.

Aircraft carriers offer technological advances not really anticipated by the constitutional drafters, but back in the 1990s I used to put on a briefing [dressed in period uniform] of current USAF capabilities for George Washington's staff officers:

Now I got to let you in on a secret boys, and you'll think I'm funnin' you, but it's so: we got wagons what can fly. I know you can see the good of this....

69 posted on 04/25/2007 7:47:42 AM PDT by archy (Et Thybrim multo spumantem sanguine cerno. [from Virgil's *Aeneid*.])
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To: Einigkeit_Recht_Freiheit
It means they keep their clocks and wristwatches wound Interesting answer. Anything to back this up?

Here's your first clue:


70 posted on 04/25/2007 7:50:25 AM PDT by archy (Et Thybrim multo spumantem sanguine cerno. [from Virgil's *Aeneid*.])
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To: Einigkeit_Recht_Freiheit
I agree. I am still hung up on the "well-regulated" part however. I have heard some arguments that the meaning of "regulated" has changed over the centuries and I can understand but am not 100% convinced.

What is your take on the "regulation" requirement?

It's easier to understand when you consider the historical context in which it was written. The colonies had just defeated the British militarily, but that victory had not come easily, for obvious reasons and unobvious ones---one of the latter being that it was very difficult to keep an irregular army (continentals + militia) supplied and on the field of battle. Think of it---there were no standards at all---militiamen, especially, carried their own weapons, meaning that those could be any caliber at all . . . same with heavy pieces, etc. Keeping this sort of rag-tag force on the field was a logistical nightmare.

Well-regulated, in the sense that it applies to the militia phrase of the Second Amendment, means well-ordered, so that such a force would be easier to supply and maintain on a field of battle. Not only in terms of supply, mind you, but in chain of command, too. Remember, also, that the Federal government planned to maintain a skeletal standing army (and no Navy at all), so the ability to whip the militias into a fighting force in the least amount of time was paramount. Hence, the requirement that the militia be well-regulated.

71 posted on 04/25/2007 7:50:53 AM PDT by Hemingway's Ghost (Spirit of '75)
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To: Einigkeit_Recht_Freiheit
I still am not sure what "regulated" actually implies. It isn't there for fun.

Concur. But here is one particularly relevant meaning from that period.


72 posted on 04/25/2007 7:54:08 AM PDT by archy (Et Thybrim multo spumantem sanguine cerno. [from Virgil's *Aeneid*.])
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To: archy

Now that was the type of thing I was looking for. Thanks.


73 posted on 04/25/2007 7:55:38 AM PDT by Einigkeit_Recht_Freiheit (I don't care what side of the debate you are on: Weather is not Climate)
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To: Einigkeit_Recht_Freiheit; tpaine

He’s referring to my older phrase: “a well regulated militia is one that is trained well.”

In the context of the discussion - in HISTORICAL CONTEXT - that’s what well-regulated is referring to. And I compounded upon my phrase in post #49.

Which is why he says “ours”.

Is there anything wrong with my explanation in #49?


74 posted on 04/25/2007 7:56:03 AM PDT by Ultra Sonic 007 (Why vote for Duncan Hunter in 2008? Look at my profile.)
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To: Einigkeit_Recht_Freiheit
Define "well regulated".

"To make regular". Read the Militia Act of 1792 for what civilians were expected to show up with in regards to equipment if they wished to join the organized militia.

In order for them to show up with arms, such arms were considered protected. However, it was also noted that arms of other types were equally protected at the time. It has only been since then that attempts by various anti-Rights judges, legislators and lobbyists that have tried to limit the protection for RKBA, the scope of that protection, and a redefinition of terms.

Don't play up the BS meaning by trying to invent something that isn't there. RKBA is what it means. Plainly. The Right of every Individual to keep and bear Arms shall not be infringed. End of story.

75 posted on 04/25/2007 7:56:07 AM PDT by Dead Corpse (What would a free man do?)
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To: archy

I DID answer you and my answer got erased somehow.

I wrote the following:

To answer your question - Coordinated attack. Did you ever hear the story of the time the German Kaiser went to meet the Swiss general. The Kaiser asked the general, “how many men can you mobilize in a week?”. The general replied that he could mobilize 1 million men in 48 hours. The Kaiser than asked, “what would they do if I marched 5 million men in here next week?”. The general replied, “They would each fire 5 shots and go home.”


76 posted on 04/25/2007 8:00:09 AM PDT by Einigkeit_Recht_Freiheit (I don't care what side of the debate you are on: Weather is not Climate)
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To: pissant

Or, watch them squirm with this one:
“Because a pregnancy may have been caused by rape or incest, a woman’s right to an abortion shall not be infringed.”


77 posted on 04/25/2007 8:12:06 AM PDT by Atlas Sneezed (Your FRiendly FReeper Patent Attorney)
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To: Einigkeit_Recht_Freiheit
Not so, it's been defined; - in context - as was noted: "-- a well regulated militia is one that is trained well. --"

Where is that sentence is the 2nd Amendment. You appear to be pulling things out of your a. . . I mean air.
Maybe to make things less confusing and to shorten this thread a bit you can just take this last part of our exchange. I and the other Freepers are big boys and can look back at the other posts to see the entire exchange if required.

How 'clever', you're confused and you admit it, yet you want me to "just take" your last part of our exchange to answer, ignoring your previous inconsistencies.

Never mind. No point in this exchange.

Thanks for admitting you're unable to make the points necessary to continue. -- Run along now, you're dismissed..

78 posted on 04/25/2007 8:12:41 AM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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To: archy

Again, I agree. The intention of the originators of the Bill of Rights did NOT limit the types of arms kept by the people. And I think it’s a little too clever to argue that the delivery method can be separated from the ammo. What is the use of keeping a musket if you may have no ball or powder? Together, it is all an armament. Besides, our law currently restricts not just ammo, but other things, like automatic firearms.

So we have accepted a restriction on our Constitutionally-guaranteed right, haven’t we? Why is that? What was the point of guaranteeing arms to the people, in the first place?


79 posted on 04/25/2007 8:12:43 AM PDT by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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To: Dead Corpse; Ultra Sonic 007
I have not written one word - ever - that even remotely implies that I do anything but support the 2nd Amendment.

I challenge either of you to find one.(unless you consider an aversion to citizens possessing howitzers, F16s and nuclear weapons - which by the way is meant as a strawman argument - however, I have had Freepers defend the right of George Soros and MoveOn to own these)

I still think it is important to analyze the different aspects of what is a very short Amendment that is so incredibly important.

It is important to be able to understand each aspect of it. As mentioned, I am well past the militia part, but still haven’t found a completely well rounded explanation of the “well-regulated” issue. Saying it is “no longer relevant” doesn't’t work for me, because it opens up that argument for the entire Amendment.

My tendency is to lean toward the contrast with “irregular” (as Dead Corpse wrote) as well as a need to have some type of limitation on militias in comparison to a regular army.

The 2nd is there as a last line of defense, not offense. A militia should not have the fire power to overthrow a government, but rather to defend itself against one.

A citizen should not be able to establish an arsenal of such power that a private army of mercenaries could threaten the country. But, the fire power available should be a deterrent great enough that no force, internal or external, could be certain of securing the country.

For me, that is “well-regulated”. A howitzer in every home is too much. A hunting rifle is too little. I am not qualified to say what the “right amount” is. I believe it changes with weapons and other technology and the balance is part of a political discourse.

80 posted on 04/25/2007 8:13:38 AM PDT by Einigkeit_Recht_Freiheit (I don't care what side of the debate you are on: Weather is not Climate)
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