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I am most interested in the scenario(s) that the report considered, i.e. in what circumstances the author(s) believed that the armed forces would need assistance from the militia; also, the numbers of militia that were discussed. To me, this is all ammunition against those arguing for restrictions/bans on militia-type arms.

I am also an attorney (estates, business, etc., but with an abiding interest in the Constitution and, in particular, the 2nd Amendment); IMHO the Miller case is the clearest indication that all of the recent bans and restrictions on "assault rifles" (as they are so incorrectly called) are completely unconstitutional.

TITLE 10--ARMED FORCES

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 commissioned officers 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.

Section 312. Militia duty: exemptions

(a) The following persons are exempt from militia duty:

(1) The Vice President.

(2) The judicial and executive officers of the United States, the several States and Territories, Puerto Rico, and the Canal Zone.

(3) Members of the armed forces, except members who are not on active duty.

(4) Customhouse clerks.

(5) Persons employed by the United States in the transmission of mail.

(6) Workers employed in armories, arsenals, and naval shipyards of the United States.

(7) Pilots on navigable waters.

(8) Mariners in the sea service of a citizen of, or a merchant in, the United States.

(b) A person who claims exemption because of religious belief is exempt from militia duty in a combatant capacity, if the conscientious holding of that belief is established under such regulations as the President may prescribe. However, such a person is not exempt from militia duty that the President determines to be noncombatant.

This is the steps of mobilization of the military, and how they are mobilized:

Presidential Reserve Call-up (PRC) The President has the authority to involuntarily augment the active forces by a call-up of up to 200,000 members of the selected reserve for a period up to 270 days to meet mission requirements within the continental United States (CONUS) or overseas. The President must notify Congress within 24 hours and state the reason for his action.

Partial Mobilization The President has the authority to mobilize no more than 1,000,000 reservists (units and individuals from all services), for 24 months or less, and the resources needed for their support to meet the requirements of war or other national emergency involving an external threat to national security.

Full Mobilization Congress must declare that a state of national emergency exists to call up all forces, including Army Reserve and Army National Guard units, Individual Ready Reserve, Standby Reserve and members of the Retired Reserve, and the resources required for their support. The duration is the length of the emergency plus six months.
Total Mobilization Once a state of national emergency exists, Congress can extend full mobilization by activating and organizing additional units beyond the currently approved force structure.

Total mobilization brings the industrial base up to full capacity to provide the additional resources, equipment and production facilities needed to support the armed forces of the nation, as done in World War II.

Total mobilization involves not only the AC and RC but the entire Militia of the United States. The Militia of the United States consists of the Organized Militia and the Unorganized Militia.

The Organized Militia consists of the National Guard and the Naval Militia.

The Unorganized Militia consists of every able-bodied male citizen or person wishing to be a citizen between the ages of 17 and 45 as well as female members of the National Guard.

Final points:

The gateway for the milita to enter federal service is through State Defense Forces of the individual states.

Types of scenarios that were described were:

Catastrophic nuclear attack followed by land invasion of CONUS.

The types of troops, numbers needed, and the numbers of troops each individual state is assigned are determined on a case by case basis either by the President or Congress.

Traditionally Congress has deferred to the President on this point.

Most of the current case law for activation of the milita stems from precedents set in the Civil War and Spanish American War, as well as the two later addendums to the Milita act.

I hope this all helps you! Good luck!

Military-style firearms ("assault weapons" included) are specifically protected by the 2nd Amendment according to the U.S. Supreme Court opinions written in U.S. v. Miller (1939) and Lewis v. U.S. (1980).

* In the Miller decision the Supreme Court stated, "In the absence of any evidence tending to show that [a particular gun] has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument".

* In the Lewis decision, the Supreme Court stated, "the Second Amendment guarantees no right to keep and bear a firearm that does not have 'some reasonable relationship to the preservation or efficiency of a well-regulated militia'".

Clearly, "assault rifles" have "some reasonable relationship to the preservation or effeciency of a well-regulated militia" since they are civilian versions of the same weapons issued to current US military personel.

Thus, according to the U.S. Supreme Court, "military-style" firearms are EXACTLY the type of firearms that are protected by the 2nd Amendment.

It's Not Just A Gun...

It's My "HOMELAND DEFENSE RIFLE"!!