This is a short piece I wrote while that Jim Zumbo fiasco was going on. Zumbo as all upset about people shooting AR's and other so called assault weaponry. Cost him big time. Regardless of how that Zumbo deal ended up, the nitty gritty is, in my opinion what the 2nd Amendment is all about. Not duck hunting. Not deer, elk or moose hunting. In fact not about hunting at all.
Please understand the that following is my personal opinion. I don't expect everyone to agree with it, but I believe it is what that amendment is all about.
OK, lets discuss the 2nd Amendment. Good idea. It is my carefully considered opinion that the KEY WORD is MILITIA.
1. The Militia Act of 1792. One year after the Second Amendment was added to the Constitution, Congress passed a law defining the militia. The Militia Act of 1792 declared that all free male citizens between the ages of 18 and 44 were to be members of the militia. Furthermore, every citizen was to be armed. The act stated:
"Every citizen...[shall] provide himself with a good musket, a sufficient bayonet and belt, two spare flints...."
The Militia Act of 1792 made no provision for any type of select militia such as the National Guard.
U.S. Senate Subcommittee Report (1982) "In the Militia Act of 1792, the second Congress defined 'militia of the United States' to include almost every free adult male in the United States. These persons were obligated BY LAW (emphasis mine) to possess a [military style] firearm and a minimum supply of ammunition and military equipmemnt....There can be little doubt from this that when the Congress and the people spoke of the a 'militia,' they had reference to the traditional concept of the entire populace capable of bearing arms, and not to any formal group such as what is today called the national Guard."
Current Federal Law: 10 U.S.C. Sec. 311. "The militia of the Untied States consists of all able-bodied males at least 17 years of age and...under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States.....
Supreme Court: U.S. v. Miller 1939 In this case, the Court stated that, "The Militia comprised of all males physically capable of acting in concert for the common defense...[and that] when called for service, these men were expected to appear bearing arms supplied by themselves AND OF THE KIND IN COMMON USE AT THE TIME. (emphasis mine)
(BTW, Miller lost in court because he did not show up. It was never taken into account that his no show was because he had passed away.)
More on Title 10 of the U.S. Code
UNITED STATES CODE
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 13 - THE MILITIA
Sec. 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 302, 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 of the Naval Militia.
Now it took me all of about ten minutes to find all that information. Just go to the Gun Owners of America's website and look for their firearms fact sheet. There's 24 pages of good information there.
I plan on making copies of the above and sending each of my representatives their own personal copy. Feel free to do the same. Maybe, if they get flooded with as many letters with the above as Zumbo's sponsers did on his major foot in mouth problem, the idiots just might get a message. Leave our guns alone.
Paul B.
