shield20:
Yeah, congress divided the militia into the NG and the unorganized militia, then made a bunch of rules for procurement of NG supplies to be parallel with the Army or Air Force. I went and read your referenced sections of US code. Thank you, btw.
So, what aren't they doing that they were supposed to?
They aren't respecting the right of the unorganized militia to KBA. They are treading on ground reserved to the States for the States to organize state militias or state guards.
If congress left it alone as "Organized Militia = NG, and Unorganized Militia = the rest of us," that still leaves room for the unorganized militia to KBA as it sees fit and necessary on an individual basis. But, we start getting introduced to the 1986 FOPA banning new machine guns, the 1934 GCA, the 1994 AWB, and HR1022 along with a couple other Federal laws in the bill phase right now.
Does Congress have the authority to declare (since it is delegated the power to procure and regulate the militia's equipment) that the unorganized militia is not to be issued firearms?
Also, this quote:
“Whether the following provisions — D.C. Code secs. 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 — violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?”
poses another key point of potential conflict. "Whether the following provisions...violate the Second Amendment rights of individuals who are not affiliated with any
state-regulated militia..."
The SCOTUS points directly to the right of the States to regulate and operate militias as they see fit with this statement, clearly identifying that despite Congress' separation of the organized / unorganized militia, the states have the right to further organize the unorganized militia.
It just seems like a backdoor safeguard against federal handgun legislation if CCW rosters and/or hunt license registrations of each state were officially recognized as members of state militia. The language used by the justices writing this document appears to confirm the right of the states to organize their own militias independent of the federal structure.
And... if a state has a right to organize a militia, then does a county or a city? When does Federal law illegally infringe upon the right of the state/county/city to arm and equip its militia members as it sees fit? And on a more obstract level, when does a state law or county ordnance infringe upon a smaller government to organize a militia?
There's just got to be a way to add the mantle of "militia member" to every gun owning member of American society, and to spread its protection to new potential gun owners in a simple way.