[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.

[M1Tanker]

Retired police are still allowed to carry/keep arms so the legal precedence exists on that level to resist forfeiture. Also, the Constitution did not specify age or gender when referring to “People” and the use of “People” in the Constitution is already legally determined to include all people of every age.

In addition, the equal rights laws prohibit discrimination based on gender and color so pretty much everyone is included in the responsibilities of the unorganized militia. Also, the Militia Act only defines a period of potential service to the Nation, not the keeping and bearing of arms. It takes a tool (the 2nd Amendment), provided by the Constitution, and uses it in the defense of the country by the People.

But that is my dime-store legal opinion. If you add $1, you can buy a lottery ticket with it.

[Smokin' Joe]

I believe that definition significantly post-dates the Second Amendment and the Bill of Rights.

The 'National Guard' was a long way off, temporally.

[Travis McGee]

"What is the militia? It is the whole people, except for a few public officials." ~George Mason, 1788