Re: Kiddie exercises his right to bear arms

"Don Homuth" <[EMAIL PROTECTED]> wrote in message
news:[EMAIL PROTECTED]
> 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.

The Militia Act, passed the year after the second amendment details who the
Militia is:
The Militia Act of 1792, Passed May 8, 1792, providing federal standards for
the organization of the Militia.

An ACT more effectually to provide for the National Defence, by establishing
an Uniform Militia throughout the United States.

I. Be it enacted by the Senate and House of Representatives of the United
States of America, in Congress assembled, That each and every free
able-bodied white male citizen of the respective States, resident therein,
who is or shall be of age of eighteen years, and under the age of forty-five
years (except as is herein after excepted) shall severally and respectively
be enrolled in the militia, by the Captain or Commanding Officer of the
company, within whose bounds such citizen shall reside, and that within
twelve months after the passing of this Act. And it shall at all time
hereafter be the duty of every such Captain or Commanding Officer of a
company, to enroll every such citizen as aforesaid, and also those who
shall, from time to time, arrive at the age of 18 years, or being at the age
of 18 years, and under the age of 45 years (except as before excepted) shall
come to reside within his bounds; and shall without delay notify such
citizen of the said enrollment, by the proper non-commissioned Officer of
the company, by whom such notice may be proved. That every citizen, so
enrolled and notified, shall, within six months thereafter, provide himself
with a good musket or firelock, a sufficient bayonet and belt, two spare
flints, and a knapsack, a pouch, with a box therein, to contain not less
than twenty four cartridges, suited to the bore of his musket or firelock,
each cartridge to contain a proper quantity of power and ball; or with a
good rifle, knapsack, shot-pouch, and power-horn, twenty balls suited to the
bore of his rifle, and a quarter of a power of power; and shall appear so
armed, accoutred and provided, when called out to exercise or into service,
except, that when called out on company days to exercise only, he may appear
without a knapsack. That the commissioned Officers shall severally be armed
with a sword or hanger, and espontoon; and that from and after five years
from the passing of this Act, all muskets from arming the militia as is
herein required, shall be of bores sufficient for balls of the eighteenth
part of a pound; and every citizen so enrolled, and providing himself with
the arms, ammunition and accoutrements, required as aforesaid, shall hold
the same exempted from all suits, distresses, executions or sales, for debt
or for the payment of taxes.



-Kevin C.