Tuesday, November 17, 2009

Pt 2 of musings on the Bill of Rights

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

This amendment , is the one , that i feel guarentees that everything else can be defended.It is simple , to the point ,and again a restrictive amendment against the government.alot has been said about this amendment , and its been argued exactly whom this right extends to. what its meaning is to me , is that the people shall not be denied the right to keep and bear arms.
Some feel that it applies to the militia only as they define it, but in United States Code: Title 10 – Armed Forces
Subtitle A – General Military Law
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.

There use to be a subsection under unorganized militias that was comprised of everyone else that did not fall under either of the above mentioned sections , but is now strangely absent, but non the less the local militias made up of everyday folks has been legal. Why in just the last few yrs that section was removed is a subject for a different discussion.
So basically at its root , the right to keep and bear arms is a right of the people , that shall not be infringed , meaning no law to restrict can be placed, and the militia clause means not just what is presently in US Code , but for all the people to form as they see fit. what do you think?

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