High court to look at ban on handguns

McClatchy-Tribune ^ | Nov. 9, 2007, 12:18AM | MICHAEL DOYLE

[Dead Corpse]

So... in order to have a civilian militia, you need to be part of a GOVERNMENT military force?

You don't see the incongruity there? Or are you so debased that you don't care to make logical sense?

[Dead Corpse]

So... in order to have a civilian militia... we would need to join a GOVERNMENT military force?

You aren't even trying to be logical here are you...

[Dead Corpse]

Ok... weird. I posted that first one. It didn't show up. I posted the second, and both hit.

Interesting...

[Busywhiskers]

If things go well in SC maybe the people of the 9th Circuit will get their 2nd amendment rights back.

[ctdonath2]

Private? You said militia member. Make up your mind.

Militia member: citizen? or agent of the state?

[robertpaulsen]

"So... in order to have a civilian militia, you need to be part of a GOVERNMENT military force?"

Not at all. There is such a thing as the unorganized militia. That's a civilian militia that is not part of any government military force.

Didn't you know that? Gosh, that's pretty fundamental.

[ctdonath2]

That’s what evades him: for all practical purposes, what he describes is an “agent of the state”, carrying out the powers of the state as an agent thereof, and NOT as a free citizen exercising a right.

[ctdonath2]

Not at all. There is such a thing as the unorganized militia.

Which, according to you, is not "well-regulated" and therefore enjoys absolutely no 2nd Amdnement protection.

[cbkaty]

If things go well in SC maybe the people of the 9th Circuit will get their 2nd amendment rights back

The only rights we really lose are those we willing discard.... I hang on to what God gives me................

[Dead Corpse]

Not at all.

The section of 922 you posted deals with GOVERNMENT military. Not the civilian "unorganized" militia.

[robertpaulsen]

When acquiring a weapon under 922(o)(A)(2), the militia member is acting as an agent of the state.

[Dead Corpse]

He can’t have it both ways. Although, I do note that he tries REALLY hard...

[Dead Corpse]

the militia member is acting as an agent of the state.

Which is no longer considered "unorganized" and is part of the military.

You aren't even trying to make sense are you...

[robertpaulsen]

"Which, according to you, is not "well-regulated" and therefore enjoys absolutely no 2nd Amdnement protection."

You've got it! Finally!

[robertpaulsen]

"The section of 922 you posted deals with GOVERNMENT military. Not the civilian "unorganized" militia."

922(o)(A)(2) deals with an agent of a state. The poster told me that he's a militia member -- a member of a well regulated state militia may purchase an M4 under 922(o)(A)(2).

It's illegal for civilians to acquire M4's.

[Dead Corpse]

It's illegal for civilians to acquire M4's.

Why? If they are part of the unorganized militia as you state, it shouldn't be illegal at all...

[robertpaulsen]

"Which is no longer considered "unorganized" and is part of the military."

What are you talking about? Half the states have a State Defense Force or State Guard that is organized, well regulated, and NOT part of the military.

[robertpaulsen]

"Why? If they are part of the unorganized militia as you state, it shouldn't be illegal at all..."

I've also stated that "unorganized" is not "well regulated".

[Dead Corpse]

Half the states have a State Defense Force or State Guard that is organized, well regulated, and NOT part of the military.

State guards were all rolled up into the National Guard. Or did you miss that part? This is most certainly not the "civilian" militia.

[tacticalogic]

You aren't even trying to make sense are you...

Note the discconect between the reading of Article 1, Section 8, and the reading of this part of the Code. According to him, there's no explicit restriction spelled out on the power to regulate commerce in the clause, so therefore there is none. This part of the code says nothing about "militia" - federal, state, local, organized, unorganized, well-regulated, badly-regulated, unregulated or otherwise, yet magically "well-regulated state militia" is all right there.