General Categories > Laws and Legislation
Black Rifle Guys: Take Heart
SemperFiGuy:
Here's an Interesting Viewpoint for Your Consideration:
===========================
United States v. Miller 1939.
Miller possessed a sawed-off shotgun banned under the National Firearms Act. He argued that he had a right to bear the weapon under the Second Amendment, but the Supreme Court ruled against him. Why? At the time, sawed-off shotguns were not being used in a military application, and the Supremes ruled that since they weren't, they were not protected.
Even though Miller lost that argument, the Miller case set the precedent that protected firearms have a military, and thus a legitimate and protected, Militia use. The military now uses shotguns regularly, but not very short, sawed-off shotguns. AR-15/AK-47 type weapons are now currently in use by the military. Therefore they are protected weapons for the Unorganized Militia, which includes just about every American citizen now that both age and sex discrimination are illegal. (The original Militia included men of age 17-45)
As a result of the Supreme Court decision in US v Miller, any firearm that is applicable to military use is clearly protected under Article II, and that includes all those nasty-looking semi-automatic black rifles, including full 30 round magazines.
Carl F. Worden, quoted from wtpn@cox.ne
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Hmmm........
Never thought about this topic from the above perspective.
sfg
JimP:
--- Quote ---Therefore they are protected weapons for the Unorganized Militia, which includes just about every American citizen now that both age and sex discrimination are illegal. (The original Militia included men of age 17-45)
--- End quote ---
Just checked:
--- Quote ---Sec. 311. Militia: composition and classes
-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.
-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 14; Pub. L. 85-861, Sec. 1(7),
Sept. 2, 1958, 72 Stat. 1439; Pub. L. 103-160, div. A, title V,
Sec. 524(a), Nov. 30, 1993, 107 Stat. 1656.)
--- End quote ---
It does not say anything about those over 45 or females not in the Guard/Reserves ..... Age/Sex discrimination are alive and well, when it suits the purposes of TPTB.......
SemperFiGuy:
Guess I'm a member of the Disorganized Militia.
[Sorry. Really Sorry. Just couldn't resist.]
sfg
JimP:
--- Quote from: SemperFiGuy on January 20, 2013, 07:01:26 PM ---Guess I'm a member of the Disorganized Militia.
[Sorry. Really Sorry. Just couldn't resist.]
sfg
--- End quote ---
You mean they have a category JUST FOR ME?
gsd:
JimP...the source stated shows last update was 1993 if i understand correctly. From what i remember of research i did for class, females were not recognized at that time due to their prohibition from the front lines.
that point is currently being contended I THINK.
Of these points I am not certain, it has been close to 6 months since I did the research.
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