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An non-USian perspective on the Gun Debate | 355 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
An non-USian perspective on the Gun Debate
Authored by: Anonymous on Friday, April 05 2013 @ 11:57 AM EDT
I think you have it backwards. I believe it means that citizens have the right
to own and learn to use and maintain those weapons in case they might join or
get drafted into a militia. That more closely fits the historical perspective of
the writers of the document. The colonies' soldiers brought and used their own
weapons.

[ Reply to This | Parent | # ]

An non-USian perspective on the Gun Debate
Authored by: dio gratia on Friday, April 05 2013 @ 07:45 PM EDT
Militia Act of 1792
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 powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; 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.

Congress essentially drafted the entire adult (white) male population into the various militias. It wasn't a duty, rather an obligation under law. The militia spoken of in the Second Amendment is:

10 USC § 311

(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.
You might imagine the class of 'the people' specified as having the right in the Second Amendment is broader than the members of of either the organized or unorganized militias which the right supports. It is to them the right is guaranteed.

This is a case where reading history could change perception if not preconceived notion. This is a result of a) British confiscation of arms leading to the Colony struggle for independence and b) the issues leading eventually to the War of 1812, concluded indirectly by a treaty between France and Britain following the defeat of Napoleon and leading to the lasting goodwill between the United States and Britain.

Reading the Militia Act of 1792 isn't particular productive without reading history of conflicts in North America after the War of Independence.

And without the unorganized militia the United States may have been reabsorbed into the British Empire.

[ Reply to This | Parent | # ]

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