Replies

Definitons:

1. militia=military service..part of an armed force of a country....no mention of a person's right here

2. "well regulated" ...no confusion there...who regulates has to be something above an individual

3."the right of the people to keep and bear arms"...AH>>>>THERE IS THE STICKER THE ANTI GUN CROWD CAN'T GET AROUND.

However, they try to connect #1 and #2 (INFERRING GOVERNMENT CONTROL) with #3....and that is JUST too much of a stretch.....even for the devious.

Actually, as per Art 1 Sect 8 and the 1792 Militia Act, any and all ACTIVE duty Militia are bound to follow orders from their elected officers. Note: the Militia is not the National Guard.

Inactive Militia are under no such stricture. So the active duty militia is "bound" to the civil authority. The inactive isn't. Therein lies a stumbling block for more than one persons arguments.

Of course, the protection is broad and general and applies to all US Citizens not subject to a criminal penalty. Regardless of the "home rule" status claimed by their city/State.

the militia is defined in US Code most recently as:

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+10USC311

[CITE: 10USC311]

TITLE 10--ARMED FORCES

Subtitle A--General Military Law

PART I--ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 13--THE MILITIA

Sec. 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 14; Pub. L. 85-861, Sec. 1(7), Sept.
2, 1958, 72 Stat. 1439; Pub. L. 103-160, div. A, title V, Sec. 524(a),
Nov. 30, 1993, 107 Stat. 1656.)

(NOT the standing armed force or military, my FRiend.)

Historical and Revision Notes
1956 Act

Revised section Source (U.S. Code) Source (Statutes at Large)

311(a)................................ 32:1 (less last 19 words). June 3, 1916, ch. 134, Sec. 57, 39
311(b)................................ 32:1 (last 19 words). Stat. 197; June 28, 1947, ch. 162,
Sec. 7 (as applicable to Sec. 57
of the Act of June 3, 1916, ch.
134), 61 Stat. 192.

In subsection (a), the words ``who have made a declaration of
intention'' are substituted for the words ``who have or shall have
declared their intention''. The words ``at least 17 years of age and * *
* under 45 years of age'' are substituted for the words ``who shall be
more than seventeen years of age and * * * not more than forty-five
years of age''. The words ``except as provided in section 313 of title
32'' are substituted for the words ``except as hereinafter provided'',
to make explicit the exception as to maximum age.
In subsection (b), the words ``The organized militia, which consists
of the National Guard and the Naval Militia'' are substituted for the
words ``the National Guard, the Naval Militia'', since the National
Guard and the Naval Militia constitute the organized militia.

1958 Act

Revised section Source (U.S. Code) Source (Statutes at Large)

311(a)................................ 32 App.:1. July 30, 1956, ch. 789, Sec. 1, 70
Stat. 729.

The words ``appointed as . . . under section 4 of this title'' are
omitted as surplusage.

Amendments

1993--Subsec. (a). Pub. L. 103-160 substituted ``members'' for
``commissioned officers''.
1958--Subsec. (a). Pub. L. 85-861 included female citizens of the
United States who are commissioned officers of the National Guard.

(as you can see, the definition of the militia as all male citizens 17-45 is of very long standing)