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The Citizen's
Responsibility for Defense
From the nation's inception,
Citizens have been responsible for defense as
repeatedly defined in the Laws of the United States of America.
Under
current US law, we the people have an obligation to
be armed with weaponry customary to our timeframe and trained in
the use of those arms. The Militia Act and the current US Code
definition of the militia includes all able-bodied adult males.
As originally passed, these laws require more than simple
inclusion in the militia. These laws specify that, at
our own expense, we are to have and maintain customary
weaponry of our timeframe, in good and operable condition, with
ammunition and attire (accoutrement)
necessary to assemble a fighting defense force.
Furthermore, the US Supreme Court,
in US v. Miller
(1939), incorporated the concept of militia-type weapons
as being weaponry commonly in use for defense and whose
ownership is protected by the Second Amendment.
The Second
Amendment to the Constitution of the United States
Ratified 17 December 1791
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.
United
States Statutes at Large/Volume 1/2nd Congress/1st
Session/Chapter 33
(aka The
Militia Act of 1792, enacted 8 May 1792 & basis for 10 USC §311)
Section 1. Be it enacted
by the Senate and House of Representatives of the United States
of America in Congress assembled, That each and every free
able-bodied white male citizen of the respective states,
resident therein, who is or shall be of the age of eighteen
years, and under the age of forty-five years (except as is
herein after excepted) shall severally and respectively be
enrolled in the militia by the captain or commanding officer of
the company, within whose bounds such citizen shall reside, and
that within twelve months after the passing of this act. And it
shall at all times hereafter be the duty of every such captain
or commanding officer of a company to enrol every such citizen,
as aforesaid, and also those who shall, from time to time,
arrive at the age of eighteen years, or being of the age of
eighteen years and under the age of forty-five years (except as
before excepted) shall come to reside within his bounds; and
shall without delay notify such citizen of the said enrolment,
by a proper non-commissioned officer of the company, by whom
such notice may be proved. That
every citizen so
enrolled and notified, shall,
within six months thereafter, provide
himself with a
good musket or firelock, a sufficient bayonet and belt, two
spare flints, and a knapsack, a pouch with a box therein to
contain not less than twenty-four cartridges, suited to the bore
of his musket or firelock, each cartridge to contain a proper
quantity of powder and ball: or with a good rifle, knapsack,
shot-pouch and powder-horn, twenty balls suited to the bore of
his rifle, and a quarter of a pound of powder; and
shall appear, so armed, accoutred and provided, when called out
to exercise, or into
service, except, that when called out on company days
to exercise only, he may appear without a knapsack. That the
commissioned officers shall severally be armed with a sword or
hanger and espontoon, and that from and after five years from
the passing of this act, all muskets for arming the militia as
herein required, shall be of bores sufficient for balls of the
eighteenth part of a pound. And every citizen so enrolled, and
providing himself with the arms, ammunition and accoutrements
required as aforesaid, shall hold the same exempted from all
suits, distresses, executions or sales, for debt or for the
payment of taxes.
[[ EXCERPTS FROM SECTION 4 ]] Sec.
4. And be it further enacted, ... shall furnish himself with all
the equipments of a private in the infantry, until proper
ordnance and field artillery is provided... The commissioned
officers to furnish themselves with... Each dragoon to furnish
himself with... [with uniforms] to be furnished at their own
expense; the colour and fashion to be determined by the
brigadier commanding the brigade to which they belong.
10 USC §311 as
of 2 December 2015
§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.
U.S. v. Miller
(1939)
307 US 74 (1939)
Frank Layton and Jack Miller were charged with violating the
1934 National Firearms Act, which regulated and taxed the
transfer of certain types of firearms, and required the
registration of such arms. The Miller court decided the
following:
- The National Firearms Act was
not an unconstitutional usurpation of police power reserved to
the states.
- "In the absence of evidence
tending to show that possession or use of a 'shotgun having a
barrel of less than 18 inches in length,' which is the subject
of regulation and taxation by the National Firearms Act of
June 26, 1934, has some reasonable relationship to the
preservation or efficiency of a well-regulated militia, it
cannot be said the the Second Amendment to the Federal
Constitution guarantees the right to keep and bear such an
instrument, or that the statute violates such constitutional
provision."
- "It is not within judicial
notice that a shotgun having a barrel of less than 18 inches
in length is any part of the ordinary military equipment or
that its use could contribute to the common defense."
- "The Second Amendment must be
interpreted and applied with a view to its purpose of
rendering effective the Militia."
Note that in the entire text of
Miller, neither the words "state militia" nor "National Guard"
are to be found.
Regarding item 4) above, the Miller court defined the Militia as
the following:
The
signification attributed to the term Militia appears from the
debates in the Convention, the history and legislation of
Colonies and States, and the writings of approved
commentators. These show plainly enough that the Militia
comprised all males physically capable of acting in concert
for the common defense.
The Supreme Court reversed and
remanded the case back to the district court, giving the
defendants a chance to provide evidence that a short-barreled
shotgun could contribute to "the efficiency of a well-regulated
militia." Note Miller only required evidence that the weapon
contribute to the efficiency of a well-regulated militia. The
court never said the defendants had to belong to a
well-regulated militia. In other words the
Miller case interpreted the Second Amendment to mean one has the
right to own militia type weapons.
(Click
here for the SCOTUS case) |