What is a “well-regulated militia” and why are we so sure it refers to everyone?

[RetiredGySgt]

Can’t you just answer the question?

already answered. dumb ass

 

[Batcat]

The rightwing will cite court precedent for this issue, but they don’t actually offer an explanation for why it should be interpreted this way.

Should this apply to 5 year olds? Should it be made legal for kids to buy firearms from a licensed firearm business because of how this is interpreted?

Does anyone here know how to do a web search for info?

It took me less than 30 seconds to find …

10 U.S. Code § 246 - Militia: composition and classes

www.law.cornell.edu

10 U.S. Code § 246 - 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 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.

 

[Billy_Bob]

I’m fact Article 1 Section 8 spells out what a well regulated militia is. And it ain’t a bunch of slops with assault rifles sittin in front of the barbershop bitching

NO... The milita was the people.
The Second amendment was written so that no one could misinterpret it. "The right of the people to keep and bear arms, shall not be infringed." It is a right of the people, not of the militia. The people are the militia.

 

[Billy_Bob]

Does anyone here know how to do a web search for info?

It took me less than 30 seconds to find …

10 U.S. Code § 246 - Militia: composition and classes

www.law.cornell.edu

Prior to 1792 they did not exist and were not codified by the law.

 

[Billy_Bob]

Can’t you just answer the question?

You are running in circles billyzero... I showed you the reason and the definitions at the time of writing. You're being a n obtuse POS.

 

[kaz]

The rightwing will cite court precedent for this issue, but they don’t actually offer an explanation for why it should be interpreted this way.

Should this apply to 5 year olds? Should it be made legal for kids to buy firearms from a licensed firearm business because of how this is interpreted?

No, they're children, not full citizens. They can't drive, buy alcohol, go into the military or a whole bunch of other things they will be able to do when .... wait for it .... they are ADULTS. What is wrong with you? Seriously, what?

 

[kaz]

But why can we be sure the context of the right to bear arms applies to any context outside of a well regulated militia?

If you could read, you would have noticed when you read the second amendment that the section on "well regulated militia" is offered as an explanation of the right, not a limit on it. But, again you'd have to be able to read to have notice that

 

[Batcat]

Prior to 1792 they did not exist and were not codified by the law.

True. Read the following link.

The Militia Act of 1792

constitution.org

Militia Act of 1792,
Second Congress, Session I. Chapter XXVIII
Passed May 2, 1792,
providing for the authority of the President to call out the Militia

***snip***

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.

 

[Billy000]

already answered. dumb ass

Nope it really wasn’t lol. You all just assert it the amendment applies to everyone. You don’t actually explain the phrase or why it is in there.

 

[Billy_Bob]

If you could read, you would have noticed when you read the second amendment that the section on "well regulated militia" is offered as an explanation of the right, not a limit on it. But, again you'd have to be able to read to have notice that

I tried already ... What is a “well-regulated militia” and why are we so sure it refers to everyone?

 

[Billy000]

No, they're children, not full citizens. They can't drive, buy alcohol, go into the military or a whole bunch of other things they will be able to do when .... wait for it .... they are ADULTS. What is wrong with you? Seriously, what?

Uhh we are talking about how laws are written here. The law makes clear on military age, driving, and alcohol. Those have specific ages involved. The 2 amendment does not have this. Take the 1st amendment for example. Kids have freedom of speech. That doesn’t start at a certain age. They just have it. If we use that same logic, you could argue we should be giving guns to kids. Since we all agree young kids should not have guns, we already have a gun control law in place and we are all fine with it. Any further ones should be allowed.

 

[Nostra]

What is the amendment saying when it comes to the well regulated militia? What does it mean and why is it in there?

Doesn’t matter.

 

[Billy_Bob]

Uhh we are talking about how laws are written here. The law makes clear on military age, driving, and alcohol. Those have specific ages involved. The 2 amendment does not have this. Take the 1st amendment for example. Kids have freedom of speech. That doesn’t start at a certain age. They just have it. If we use that same logic, you could argue we should be giving guns to kids. Since we all agree young kids should not have guns, we already have a gun control law in place and we are all fine with it. Any further ones should be allowed.

You're spinning around in circles... Not one of those items makes any difference. The words "shall not be infringed" mean you cannot regulate it...

 

[Billy_Bob]

True. Read the following link.

The Militia Act of 1792

constitution.org

Militia Act of 1792,
Second Congress, Session I. Chapter XXVIII
Passed May 2, 1792,
providing for the authority of the President to call out the Militia

***snip***

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.

I already posted this in page 2 of the replys.. I am well aware of it.

 

[kaz]

Uhh we are talking about how laws are written here. The law makes clear on military age, driving, and alcohol. Those have specific ages involved. The 2 amendment does not have this. Take the 1st amendment for example. Kids have freedom of speech. That doesn’t start at a certain age. They just have it. If we use that same logic, you could argue we should be giving guns to kids. Since we all agree young kids should not have guns, we already have a gun control law in place and we are all fine with it. Any further ones should be allowed.

That's not " the same logic." That is you playing word parsing games.

Children are not adults and do not have full adult rights. Pointing out we give them some rights (were appropriate) doesn't contradict shit. Your post is a pile of bull

 

[BlindBoo]

NO... The milita was the people.
The Second amendment was written so that no one could misinterpret it. "The right of the people to keep and bear arms, shall not be infringed." It is a right of the people, not of the militia. The people are the militia.

Women were not part of the militia's nor were they required to join the local militias like the white male were. You know the people who could vote.

 

[Batcat]

I already posted this in page 2 of the replys.. I am well aware of it.

Therefore it seems you know how to do a web search while many other posters don’t or are too lazy to do so.

 

[kaz]

Women were not part of the militia's nor were they required to join the local militias like the white male were. You know the people who could vote.

Most women in the world then didn't vote, jackass. Come into the last century, racist

 

[Lesh]

NO... The milita was the people.
The Second amendment was written so that no one could misinterpret it. "The right of the people to keep and bear arms, shall not be infringed." It is a right of the people, not of the militia. The people are the militia.

“A well regulated militia being necessary…”

 

[Billy_Bob]

Women were not part of the militia's nor were they required to join the local militias like the white male were. You know the people who could vote.

The founders knew that all the people should have the right. They saw where this would go. I will give them far more credit for their vision than many others will.