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General Categories => Laws and Legislation => Topic started by: SemperFiGuy on January 20, 2013, 06:44:03 PM

Title: Black Rifle Guys: Take Heart
Post by: SemperFiGuy on January 20, 2013, 06:44:03 PM
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
===========================

Hmmm........

Never thought about this topic from the above perspective.


sfg
Title: Re: Black Rifle Guys: Take Heart
Post by: JimP on January 20, 2013, 06:57:08 PM
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)

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.)


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.......
Title: Re: Black Rifle Guys: Take Heart
Post by: 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
Title: Re: Black Rifle Guys: Take Heart
Post by: JimP on January 20, 2013, 07:03:33 PM
Guess I'm a member of the Disorganized Militia.


[Sorry.   Really Sorry.   Just couldn't resist.]

sfg
You mean they have a category JUST FOR ME?
Title: Re: Black Rifle Guys: Take Heart
Post by: gsd on January 20, 2013, 07:06:12 PM
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.
Title: Re: Black Rifle Guys: Take Heart
Post by: JimP on January 20, 2013, 07:12:56 PM
Nope, last update on the page was Dec. 2012 ..... I just did not select the whole page.
Title: Re: Black Rifle Guys: Take Heart
Post by: NENick on January 20, 2013, 08:22:24 PM
So... shouldn't this mean that we can posses military grade equipment?
Title: Re: Black Rifle Guys: Take Heart
Post by: SS_N_NE on January 20, 2013, 08:24:07 PM
So...by 1939 SC reasoning, citizens should have current military type weapons to comply with 2A?
Title: Re: Black Rifle Guys: Take Heart
Post by: SS_N_NE on January 20, 2013, 08:30:11 PM
Funny we should draw the same conclusion. In nearly the same format.
Title: Re: Black Rifle Guys: Take Heart
Post by: Mudinyeri on January 21, 2013, 10:10:31 AM
I believe the Heller decision utilized the term "common use".