Federal Judge: Assault Weapons Not Protected by 2nd Amendment

[98Z]

(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.

I posted a pretty good version of this in the "Oregon Ballot Measure" thread, and Stan didn't quote me and respond - so I guess he didn't have anything to say about it then. Here's what I put into that thread:

(Credit: Live Free Armory, for this writeup).

Thought I'd share this, since this is where the conversation has turned...

We tend to turn our backs on history unless it’s convenient. You will never hear the anti-gun lobby remind you that it was the British gun control program forced upon the colonies that started the shooting war and not the issue of taxation. In 1774, the British Crown enacted an import ban on firearms and gunpowder. Continuing the ban in 1774 and into 1775, they also started confiscating firearms and gunpowder by force. If you look at this and other background historical facts, The Second Amendment was written purposefully so that our government could never turn on us again. We the people meant something to the founding fathers. We the people should mean something to us all.

The next time you get into an argument about The Second Amendment and the term militia, remind the person of this little talked about fact from Title 10—ARMED FORCES :

246. 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.

So what does that mean? According to federal law, every able-bodied man between the ages of 17 and 45, not on active duty, in the reserve, or in the National Guard, is already a member of the unorganized militia. Females serving in the National Guard are also members of the militia. The law was updated in 2016 so it can’t be considered one of those seldom used archaic laws. Boom…we the people are the militia.