Re: Kiddie exercises his right to bear arms

On Tue, 25 Nov 2003 14:15:54 -0800, Mark Crispin
<[EMAIL PROTECTED]> wrote:

>On Tue, 25 Nov 2003, lein wrote:
>> The Unorganized Militia:
>> http://www4.law.cornell.edu/uscode/10/311.html
>
>The Militia Law, if you buy the bogus "militia" argument advanced by the
>anti-gun side, means that:

There is no Constitutional foundation for a "militia of the United
States."  The law is without specific application.  While the language
exists, the "militia of the United States" does not, and never has.

The Militia to which the Constitution refers is an entirely different
entity.  Its operating rules are found in Art 1(8)(15-16) and Art
2(2)(1).  Other than that, the Constitution is entirely silent on the
existence of local militias as well.  It simply was never considered a
federal matter.

>1) *all* able-bodied male citizens and citizen applicants between 17 and
>    45 have the right to own guns.

Clearly all of them do not.

>2) *all* able-bodied veterans of the Army, Navy, Marine Corps, or
>    Air Force younger than 64 have the right to own guns.

Clearly all of them do not.

>3) males who are not able-bodied do *NOT* have the right to own guns.

Open to some discussion, but not really important.  Clearly non
able-bodied men Do have the right to own guns.  It's not even in
dispute, save as a strawman argument.

>4) *all* female citizens of any age in the National Guard have the right
>    to own guns.

And so they do at that.  It's never been disputed.

>5) other females, including:
>    . females in the Army, Navy, Marine Corps or Air Force
>    . female citizen applicants in the National Guard
>    . females who are not in or have never had any military service
>   do *NOT* have the right to own guns.

Simply not something discussed within the context of the Second
Amendment.

>So, if you agree with the liberals, it's time to confiscate all the guns

Nope.  That requires a leap of comprehension that is entirely
unjustified, save as a fundraising scheme for gun fondler groups.

>owned by women, middle-aged non-veterans, and old men.  This is exactly
>what Kennedy, Feinstein, Schumer, Boxer, etc. et nauseum want to do.

Nope.  None of them have suggested such a thing.

>The correct way of looking at the Militia Law is that rather than listing
>who can own guns, it lists who can be drafted; and that the right to own
>guns is one held by all citizens and permanent resident aliens.  This is
>also what the 1968 Gun Control Law, which liberals wrote, says.

It's all very nice, but it simply isn't discussed within the Second
Amendment.

Saying that does not mean there is no RKBA.  There is.  It just
doesn't derive from that.  And it doesn't need to.