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-   -   Well regulated militias the answer? (http://www.firearmstalk.com/forums/f97/well-regulated-militias-answer-78891/)

tiberius10721 12-19-2012 05:18 PM

Well regulated militias the answer?
 
I've been thinking about this for quite a while now and I just want to run this by my fellow members here. I always hear the anti gun crown talk about how gun ownership was meant for well regulated militias. Now of course anyone who reads the second amendment knows this is not true. I was just wondering that If local gun clubs formed well regulated militias if it would be a way to protect our AR 15 type rifles and gun ownership rights. It would seem to me that if people pulled together as militias we would have a stronger legal argument in front of the supreme court. Any thoughts? Now people I'm not a lawyer I'm just a simple working man so if I got something wrong i apologize.

Jpyle 12-19-2012 05:27 PM

Quote:

Originally Posted by tiberius10721
I've been thinking about this for quite a while now and I just want to run this by my fellow members here. I always hear the anti gun crown talk about how gun ownership was meant for well regulated militias. Now of course anyone who reads the second amendment knows this is not true. I was just wondering that If local gun clubs formed well regulated militias if it would be a way to protect our AR 15 type rifles and gun ownership rights. It would seem to me that if people pulled together as militias we would have a stronger legal argument in front of the supreme court. Any thoughts? Now people I'm not a lawyer I'm just a simple working man so if I got something wrong i apologize.

Dont have to form anything...we the people are understood to BE the militia.

jcd390 12-19-2012 05:27 PM

I thought about the same thing regarding "well regulated militias". This is what I came up with, the second amendment states: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, SHALL NOT BE INFRINGED."

So for all the folks that say that it was intended for Militia, why did they (our forefathers) use "the right of the people to keep and bear Arms" and NOT "the right of the Militia to keep and bear Arms"?

Anti-gun people are still trying to figure out how to answer me.

In regards to your question, I am sure that might be an option just not sure how that would work. Seems like either the local or state government would have to acknowledge them as a militia?

tiberius10721 12-19-2012 05:33 PM

My question is what the heck does well regulated militia mean does that mean well organized? I live here in Ca and me and a whole lot of my shooting buddies own a whole lot of AR 15s and AK type rifles and we have been discussing this a lot lately. I am definatley going to research what is involved in being a well regulated militia.

tiberius10721 12-19-2012 05:38 PM

Quote:

Originally Posted by Jpyle (Post 1058050)
Dont have to form anything...we the people are understood to BE the militia.

I'm not saying we have to form anything what i am asking is would we have a stronger legal argument in court if we did belong to well regulated militias? I'm asking this because I'm sure that sooner or later the gun bans that will be proposed will end up in front of the Supreme Court. The anti gun people are always legally one step ahead of us can we maybe proactively get together and be one step ahead of them? Can us gun owners pull together and be more organized than the anti-gunners. Right now we have the NRA to help protect our gun rights but maybe they cant do it all by themselves.

tiberius10721 12-19-2012 05:46 PM

A Well Regulated Militia.org is not owned or operated by any organized Militia group.
It is owned by a private individual who is providing this venue in support of the entire unorganized militia ("...all able bodied males between the ages of 17 and 45" and anyone else who avails themselves to the defense of the Republic)

Okay so the way I understand this is that someone in my group of shooting buddies needs to declare him or herself the owner of a militia and we are protected by the 2nd amendment. sounds like a plan.

fmj 12-19-2012 05:51 PM

A well regulated militia being necessary to the security of a free state

^^^statement of fact^^^

The right of the people to keep and bear arms shall NOT be infringed.


^^^reminder to the Govt.^^^

Mosin 12-19-2012 06:04 PM

Regulated meant functioning in the colonial times. A 'well regulated clock' meant one that worked good.
A well regulated militia meant properly armed, trained, and ready to defend at a moments notice.

Think in context....

A well (lots of laws, lots of regulations, lots of oversight and severe restrictions) militia, being necessary for the security of a free state.....

Or..

A well (trained, armed, organized and practiced) militia, being necessary for the security if a free state.....

locutus 12-19-2012 07:30 PM

If you go back and study history, the feeling at the time was that each militia unit would be under the command of the governor of the state. IAW the "militia act" all able bodied men form the "unorganized" militia, and are subject to being mustered by the governor.

The "organized" militia consists of the National Guard and reserves, and is subject to muster by either the governor (national guard) or the president (guard and reserves)

The founders forbid private armies. And by extension, I would believe, private militias. I am not lawyer either, but I would not think a private militia would have any official standing or authority to act unless mustered by the governor..

However, I can't find any proscription against a private militia organizing and training and making itself available for muster at the governor's pleasure.

Vincine 12-19-2012 09:26 PM

I believe the citizens of Athens TN used rifles and ammunition taken from the local National Guard Armory. I don't know how many of them were actually in the Guard.


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