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To all Gun Control Advocates: The "Militia" is not what you think it is.
Free Republic | 04/24/2007 | Matt Brazil

Posted on 04/24/2007 7:13:04 PM PDT by Ultra Sonic 007

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To: ZULU

The current definition of “Militia” can be found in Title 10, section 311. It only includes women if they are in the National Guard, but includes men from 17 to 45, and to age 65 if they have prior service as an officer (I think that would include noncommissioned and warrant officers as well as comissioned officers).

I don’t recall if women who have served as an officer are still eligble to age 65, but it would make sense of they were. Again, I would prefer to add all women, and not just women who are in the National Guard.

I think the Militia act of 1792 can also be found so that you can refer to the original intent of what the Militia meant at the time that the Constitution was adopted.


141 posted on 04/30/2007 8:38:09 PM PDT by donmeaker (You may not be interested in War but War is interested in you.)
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To: donmeaker

http://www.constitution.org/mil/mil_act_1792.htm

It defines the use of the militia and its treatment rather than defining exactly what constitutes “militia”.

Also, if you will note, the Bill of Rights dates from 1789 and the Militia Act dates from 1792. The Constitution cannot be amended without going through the Amendment process.

Ergo, if the Miltia Act in any way interfers with the original intent of the Founding Fathers as expressed in 1789, it is unconstitutional. But since it does not appear to address what constitutes the “militia” as referred to in the Second Amendment, it is not an issue there.

I maintain that the “militia” as referred to in the Second Amendment, refers to all able-bodied free males capable of bearing arms. Such individuals were subject to call out in an emergency to maintain order and protect the state.

This concept goes back to the Anglo-Saxon Fyrd. One of the things which distinguished the Roman polical society from that of the Germanic tribes was the fact that the Germanic tribes were in effect, nations in arms. All free born men and sometimes women, owned and carried weapons and were familiar with their use.

In Ancient Rome, even as far back as the Republic, only soldiers were armed. During Republican Roman times, all citizens bore that burden, but the carrying of weapons by citizens outside of a military context was forbidden. During the Empire, Augustus “relieved” Roman citizens of even that right of serving in the military and replaced them with a professional military force drawn mainly from the provinces. As time progressed, civilian Roman citizens became more and more unfamiliar on a personal level with the use of weapons.

The English tradition of the fyrd was carried on by the “Trained Bands” of London and even in the time of Henry VIII, all free male citizens were required to practise weekly with the longbow and keep a functioning longbow and supply of arrows and be ready to serve at the call of the king.

The idea of disarming the public probably had its beginnings in 18th Century England with the creation of professional standing armies. But even in the 1600’s and 1700’s Britain provided weapons to its colonial subjects for use against French and Indians. Even when those arms were provided under military discipline in formal militia units, discharged veterans were often permitted to keep Brown Bess muskets for personal use. Many of the militia units that fought in New England and New England farmers who shot at retreating British troops from Concord were using French and Indian War era Brown Bess Muskets of a pattern provided to them or their fathers a generation or so before. As a matter of fact, until the French began providing Charleville Muskets, Brown Bess left-overs or crudely made Colonial Committee of Safety Muskets patterned after Brown Bess Muskets were used by American colonials against the British.

So the concept of allowing citizens to bear arms, to be familiar in their use, to be subject ot call out in times of local or national emergency was deeply rooted in English tradition.

As a Country who roots are in the England of the time frame in which this was common, there is little doubt in my mind what the Founding Fathers intended with the Second Amendment. They wanted free born citizens to be able to own arms and be familiar with their use in the event they were needed for local or national emergencies.

Further, if you read the Declaration of Independence carefully, you will note the statement about the people having the right to alter or abolish a tyrannical form of government. OBVIOUSLY, without arms and the familiarity with their use, such would be impossible. This adds an additional spin on the subject.

Finally, as products of The Enlightenment, the Founding Fathers and the documents they created were based on the fact that man is born with certain inherent rights, given him by God, not the State, and that accordingly, only God not the State can take them away. The right to self defense is one of these inherent God-given rights.


142 posted on 05/01/2007 6:43:59 AM PDT by ZULU (Non nobis, non nobis Domine, sed nomini tuo da gloriam. God, guts and guns made America great.)
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To: donmeaker
have you seen all the odd kinds of ammunition available for the 12 gauge/18mm smoothbore?

Just about anything you can dump down the muzzle. My Grandpa had an old 8 and a short-barreled .75 caliber musket. He demonstrated for me some interesting loads in the woods in Maine 50 years ago.

As a conservative, you partake of Christian Civilization and have internalized the mores that come with that. Whether those internal controls and outlook are God-given or just invented by our Judeo-Christian cultural ancestors they have made this civilization possible. The left has rejected not only God but everything about their heritage. They do retain some of those interior controls but do not trust them because they see them as irrational and do not understand them. They believe only in positive controls by men and believe also that all unenlightened men are ravening beasts if not restrained by their betters. Many disdain him but Thomas Hobbes is their prophet. And where do these "betters" come from? Well, they come from good families and go to the right schools...and these same folks claim to be the ofranchisees of Reason.

143 posted on 05/01/2007 7:00:13 AM PDT by arthurus (Better to fight them over THERE than over HERE)
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To: arthurus

I have an aquaintance who suggests that the Left wants to recreate the Southern Plantation: They live in the Big House, and make the decisions, and in return we get to work and live off what they give us.

Rather a lot of the Southern Plantation used religious justifications for the continued bondage of the Sons of Ham. Sure, you don’t agree with that, and I don’t agree with it either. I figure that any religion is not rational. You can follow it all you want. Once anyone uses a text not subject to criticism, and the non-rational as their basis for decisions, they can get any answer they want. Insanity rules.

The real strength of the Founding Fathers is they knew what didn’t work. They knew that religious control of Government didn’t work. (the example of Islam.) They knew that government support of religion led to corrupt religion. (The example of the established Church of England) They knew that pure democracy led to 51 percent voting themselves the assets of others(the example of the Italian republics). They knew that hereditary monarchy led to corrupt government(The example of England). They knew that inherited aristocracy led to corrupt government (the example of Russia). They knew that legislators would meddle with the administration of justice, and would meddle with the foreign policy/military policy(the example of England). They devised a system of limited government powers, with separate functions to limit the ability of corrupt politicians. It failed immediately, but didn’t fail catatrophically until the War of the Rebellion. When put back together, the centrifugal forces were attenuated, to avert another rebellion, but the centralizing forces had less counter. The government has continued to fail, but its failure has been slower than the failure of other governments.


144 posted on 05/01/2007 6:13:07 PM PDT by donmeaker (You may not be interested in War but War is interested in you.)
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To: arthurus

I like the notion of unenlightened men as ravening beasts if unrestrained by their betters. I think of “Enlightened Men” as ravening beasts unless restrained by other ravening beasts.

My duty to my children and my neighbors is to assure any who consider oppression as their calling, that such a path would be nasty, brutal, and short. Hobbesian, in other words.

Firearms are 14th Century technology. Anyone with a brain, a lathe a hammer, and some common steel shapes can fabricate a fully automatic machinegun. Gun Control is a fantasy. In England the thugs are turning to that approach, as the Government is posting ever more cameras, and extending regulations to kitchen knives.


145 posted on 05/01/2007 6:18:24 PM PDT by donmeaker (You may not be interested in War but War is interested in you.)
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