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To: george76

I know this sounds simplistic but why don’t the states with a strong conservative electorate simply pass a law that says: The Mississippi State militia consists of all Mississippi citizens over the age of 18, of sound mind and never having been convicted of a felony.
Obviously, this would have Second Amendment implications but it also would also be a strong vote for States Rights.


2 posted on 01/18/2013 6:23:29 PM PST by Inwoodian
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To: Inwoodian
I know this sounds simplistic but why don’t the states with a strong conservative electorate simply pass a law that says: The Mississippi State militia consists of all Mississippi citizens over the age of 18, of sound mind and never having been convicted of a felony.

Most of them already do that.

In Texas it's all citizens or legal residents, 18-60, who have declared their intention to become citizens

But even the select Militia that is today called the National Guard, are not exempt from Federal firearms laws. Nor are Active duty military, except when actually executing their duties. Even then, most soldiers, sailors, Marines, and airmen are not armed, and in fact are not allowed to be armed, which is why Hassan was able to kill so many of them at Ft. Hood on 2009 Nov. 5. Or if they have their issue weapons, they have no ammo, or only blank ammo, except when on the rifle or pistol range.

US Code
TITLE 10--ARMED FORCES
Section 311. 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 commissioned officers 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.

But it really doesn't matter. The Second Amendment says "Right of the People", not power of the militia. It's a right belonging to every memember of the group, The People.

The Texas Constitution says:

Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.

While that of Mississippi says:

The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons.

4 posted on 01/18/2013 8:34:23 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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