Tuesday, November 27, 2007

2nd Amendment is an Individual Right Since All Able-Bodied Males are Part of the Militia

In a letter-to-the-editor to the Wall Street Journal November 27, 2007 by Charles Cutshaw of Florence, Alabama was noted something I have never heard of before:
Title 10 U.S. Code Chapter13 section 311
See http://caselaw.lp.findlaw.com/casecode/uscodes/10/subtitles/a/parts/i/chapters/13/sections/section_311.html

“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 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.”

So since I am “able-bodied males at least 17 years of age”, I am part of the “the unorganized militia”.


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