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-   -   Militia Defined? (http://www.firearmstalk.com/forums/f97/militia-defined-80683/)

Vikingdad 01-08-2013 05:24 AM

Militia Defined?
 
I saw this on FB, WTF? If you are over the age 45 you are not the militia? I didn't know there was an upper age limit. Sounds like age discrimination to me!:mad:

http://uscode.house.gov/download/pls/10C13.txt

-STATUTE-
(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.

nitestalker 01-08-2013 05:46 AM

Not so bad really. All Post 45 Militiamen become Cols. As a Col. no more marches eating cold corn meal porriage. Carrying those god awful heavy Brown Bess muskets.

You still get your Rum ration. The cool blue uniform is great for picking up winches at the Ye Ole Inn.;)

Axxe55 01-08-2013 05:55 AM

Quote:

Originally Posted by nitestalker (Post 1084892)
Not so bad really. All Post 45 Militiamen become Cols. As a Col. no more marches eating cold corn meal porriage. Carrying those god awful heavy Brown Bess muskets.

You still get your Rum ration. The cool blue uniform is great for picking up winches at the Ye Ole Inn.;)

well i'm getting well north of 45, so sitting around Ye Ole Inn drinking rum and picking up wenches in my cool blue uniform is much more to my liking these days!:D

Merkava_4 01-08-2013 06:30 AM

Way back when that statute was written, life was very hard. If you
were 45 years of age way back then, you were a real old man.

Axxe55 01-08-2013 06:31 AM

Quote:

Originally Posted by Merkava_4 (Post 1084923)
Way back when that statute was written, life was very hard. If you
were 45 years of age way back then, you were a real old man.

when i was 45, i felt old too!:eek:

nitestalker 01-08-2013 01:43 PM

Does the modern Military want men over 45? Can you imagine the number of heart attacks on training fields? It would take Billions just for eye glasses and support hose. Rifles with recoil reducers? Mess halls with low fat and low salt food. The number of off base call girls yelling at GIs who wear hearing aids?:eek:

Mosin 01-08-2013 03:02 PM

Look on the bright side...
Being from California, your state is probably closest to having the weapons used when the militia act was written...





100 years from now at the 2nd civil war reenactment.

My grandchild: "Wait, I'm confused... I thought the 2nd civil war was in 2014."

My son: "It was."

My Grandson: "Then why are they using muskets and slingshots?"

My son: "Ooooh...... let me tell you about California's gun laws."

mboylan 01-14-2013 08:17 AM

Until the mid 1800s the average human lifespan was 35 years.

scottybaccus 01-14-2013 09:19 AM

From a report to Congress, dated 1982.....

"In his comments on the rights protected by the Constitution, a leading constitutional commentator, in discussing the right protected by the Second Amendment, wrote:


The Right is General. It may be supposed from the phraseology of this provision that the right to keep and bear arms was only guaranteed to the militia; but this would be an interpretation not warranted by the intent. The militia, as has been elsewhere explained, consists of those persons who, under the law, are liable to the performance of military duty, and are officered and enrolled for service when called upon. But the law may make provision for the enrollment of all who are fit to perform military duty, or of a small number only, or it may wholly omit to make any provision at all; and if the right were limited to those (p.86)enrolled, the purpose of this guarantee might be defeated altogether by the action or neglect to act of the government it was meant to hold in check. The meaning of the provision undoubtedly is, that the people, from whom the militia must be taken, shall have the right to keep and bear arms, and they need no permission or regulation of law for the purpose. But this enables the government to have a well regulated militia; for to bear arms implies something more than the mere keeping; it implies the learning to handle and use them in a way that makes those who keep them ready for their efficient use; in other words, it implies a right to meet for voluntary discipline in arms, observing in doing so the laws of public order. (Emphasis added.) Thomas M. Cooley, LL.D., General Principles of Constitutional Law in the United States of America, 298-299 (3rd ed. 1898)."

See the document here: http://www.guncite.com/journals/senrpt/fgd-guar.html

WebleyFosbery38 01-14-2013 09:20 AM

Even today, there are not so many 45+ in the Armed Forces that arent staff pukes or upper NCO's. Mostly by that age we were either too tired to play the game anymore or the Military got tired of us. 21 years was plenty for me and I was still 42 when I put in my notice to retire! It was a great move on my part, never been happier than the day I became a civilian again.

As far as a "real" Militia goes, the US no longer has one other than the Reserves and National Guard although they do sport a huge list of recallables like me and a couple million others that have retired plus the selective service registration conscripts evey young man until they are 30+. They have moved long past the "hope everyone does their part as a citizen and joins when the SHTF" Thing that once was just a given in our free country.

Its not that the 2nd Ammendment is out of date by any means, we just didnt have the greatest armed forces in the world when it was written, just a bunch of freedom loving citizens that answered the call to "Pick up a weapon and follow me" when it was needed most. The citizens of our nation have answered that call countless times since, each and every time, our "Regular" forces became stronger and the Citizen Soldier less involved. By the mid 70's the "Militia" had become a joke until early in the 80's when we again became part of the larger force defending our nation in war.

Sadly, today, our own government has become so powerful, it wont tolerate anyone not bound by the oath of enlistment standing for our flag. I think that makes the BOR's even more relevant than back in the day they were written; after all, the long arm of the law wasn't very long in the 1700's, the Malitia was made up of citizens so they likely wouldnt strike out against their neighbors without really good cause. Today, our "Militia" takes all its marching orders from Uncle Sam and none from the People FOOG.


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