Militia Defined?

Discussion in 'Legal and Activism' started by Vikingdad, Jan 8, 2013.

  1. Vikingdad

    Vikingdad New Member

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    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.
     
  2. nitestalker

    nitestalker New Member

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    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.;)
     

  3. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    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
     
  4. Merkava_4

    Merkava_4 New Member

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    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.
     
    Last edited: Jan 8, 2013
  5. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    when i was 45, i felt old too!:eek:
     
  6. nitestalker

    nitestalker New Member

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    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:
     
  7. Mosin

    Mosin Well-Known Member

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    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."
     
  8. mboylan

    mboylan New Member

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

    scottybaccus New Member

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    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
     
  10. WebleyFosbery38

    WebleyFosbery38 New Member

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    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.
     
  11. Yunus

    Yunus New Member

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    The guard will keep you until 60 if you can pass your fit tests.
     
  12. WebleyFosbery38

    WebleyFosbery38 New Member

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    Trust me Yunus, that fitness test isnt all that easy for a middle aged guy. I had to do 75% of the same numbers as a fresh Troopie just out of basic! There is no skimping, cheating or pencil whipping especially if you have any hopes of advancement. My shortcoming has always been pushups (at 6'1" tall, physics doesnt help me either)!

    I got booted out of ANCOC a week into it because I was 4 pushups short of a happy meal! I had to do 36 perfect pushups and I actually did 40+ but the Cadre wouldnt count 20% of them because they werent perfect!

    My performance in the Academy up to that point had been A++ but for 4 Pushups, I was booted. I blame myself, I should have been better prepared physically but that was the end of my career at 20 years, 8 months later I turned in my Letter.

    Actually, our Guard unit is pretty Strack, very few oldtimers that cant outrun even the most fit troopie and in 2 deployments deep into the sh!t, they all came back alive! I wouldnt want to go head to head with them ever and hope I never have to.
     
  13. nitestalker

    nitestalker New Member

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    I really think the Militia issue is Left Wing Fog. The 2nd is very clear without reading things into it. The Right to keep and bear arms shall not be infinged, period. The key word is "infringed" not "militia"!;)