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120. The militia of the State shall consist of the National Guard,
State Military Reserve and the Naval Militia--which constitute the
active militia--and the unorganized militia.
121. The unorganized militia consists of all persons liable to service in the militia, but not members of the National Guard, the
State Military Reserve, or the Naval Militia.
122. The militia of the State consists of all able-bodied male citizens and all other able-bodied males who have declared their intention to become citizens of the United States, who are between the ages of eighteen and forty-five, and who are residents of the State, and of such other persons as may upon their own application be
enlisted or commissioned therein pursuant to the provisions of this
division, subject, however, to such exemptions as now exist or may be
hereafter created by the laws of the United States or of this State.
Per California state law, Harrier is a member of the unorganized state militia
According to the U.S. Constitution, his right to keep and bear arms may not be infringed.
The part where any person with a pulse can figure out that completely unregulated gun proliferation is obvious idiocy. This is why we have courts that interpret the constitution and don't try to merely take it literally.
But also, if you do want to get literal, the Founding Fathers made a distinction in what they wrote: "people" and "the people." "The people" was used in context of citizens as a group; not individual people. Understood in this manner, the direct interpretation of the second amendment is that it justified the existence of militias. That's how we came to have the National Guard separate from the other military branches.
But courts have interpreted the second amendment as applying to individual rights as well. And that's all well and good, but they can also by the same token interpret within this topic the requirement for some foundational legislation - and that's exactly what the courts have done.
You're welcome.
so i guess the 22,000+ gun laws around the country dont count somehow? granted most of them are unconstitutional, but since no one has seen fit to challenge them recently they remain on the books. and the courts did exactly the RIGHT thing by ruling that the second amendment applied to individual rights, because that is what the founders wanted. remember that the militia back in those times was in fact all able bodied citizens of the states. and as noted well regulated in fact meant well supplied. the national guard replaced the militias for the most part, but even the guard still falls under the posse cumitatus act, and must be called out only in an emergency that has been declared.
The antiquated 2nd Amendment needs to be repealed. None other then conservative columnist George Will suggested we repeal the "embarassing" 2nd Amendment way back in 1991.
I have not checked recently but I am guessing Will may have changed his mind. I don't know and I don't care.
The 2nd Amendment is a blemish on the U.S. constitution....and our gun culture is an embarassing national shame.
No offense to the honest hunters out there. That can be sensibly regulated. But it is the gun nuts who insist they walk into coffee shops and public places with guns that make me sick. Grown men who still want to play army. I'll leave that to our professional men and women in the U.S. military.
And spare me the paranoid speeches about the tyrannical government that is going to knock down your door with the barrel of a gun pointing at your paranoid mind. The government has stockpiles and stockpiles of nuclear weapons. No amount of private gun ownership could stand up to that. A strong democracy does not or should not need such a foolish notion to thrive.
I know I'll be long dead before this ever has a chance of happening...seems the lunatics have taken over. That is the lunatics at the NRA have their fists up the a&* of our elected leaders in Congress.
seeing how you live on the liberal west coast, then you really do not have a choice whatsoever. you already expect police to come in case of any emergency happening.
good luck with that, and if you do ever get rid of the 2nd Amendment, you do understand that some states will just choose to not be part of the union anymore.
So lets say we drop the 2A from the BoR and become like England. When Rape/Sexual assaults increased by several MILLION will the anti-2A folks step up and say that the increase in force-able penetration is worth it? We may, possibly, have less deaths but when violent crime is up 4-5 times the number it is now will you all step up and take responsibility or just make excuses?
Repeal the 2nd amendment??? Yea I hope those who support that are ready to subdue an armed rebellion if they try it. Secession and rebellion would spread across this land in a way that would make the civil war look like a day at the park. Gutting the bill of rights may be every left wingers dream, but it will never happen. Thanks to the second amendment we have the ABILITY to rebel.
Repeal the 2nd amendment??? Yea I hope those who support that are ready to subdue an armed rebellion if they try it. Secession and rebellion would spread across this land in a way that would make the civil war look like a day at the park. Gutting the bill of rights may be every left wingers dream, but it will never happen. Thanks to the second amendment we have the ABILITY to rebel.
So, according to your post if the second amendment were appealed legally and through constitutional means you would take up your arms and rebel? I have read this type of post before. For clarification purposes who exactly would you take up arms against? Would you start shooting at: the local police? The national guard? Government offices? Your congressman?
This is another typical post from someone who professes to "love" the constitution but hates the constitutional republic we live under because it is either his way or no way at all. That is not a democratic idea, it is a totalitarian one. So, who really wants to gut the bill of rights? The answer is clear from your post.
Last edited by TreeBeard; 06-14-2014 at 05:48 AM..
I am not surprised an elitist like Mr. Will would favor disarming the great mass of the American people. His class has already disenfranchised us already so why not disarm us as well?.
We should repeal the 2nd, and Dems are at this very moment trying to repeal at least portions of the 1st amendment. So basically the OP is saying "we should destroy the constitution!"
Without the 1st and 2nd, the rest is just kindling.
I love how a conservative is right if the view fits your meme. In this case, he is not right, and even less so now.
This is not about how Conservatives somehow make the constitution work "for right wing goals" This is more about a overbearing Federal Gov. trying to take control of your daily life. The Founding Fathers and it was wrote about in the Federist Papers.
Carrying a legal concealed gun is for protection as needed. I have travel there areas where I traveled, side arm was a great comfort.
There are too many criminals wait for the day that guns are taken from citizens.
The Reality is not even Gun Owner carry every day.
Doesn't it need to be changed anyway? Like, aren't even convicted murderers who somehow get out of prison before dying, technically entitled to own a gun, Constitutionally speaking? We've already started "infringing", so isn't this all very arbitrary - deciding who else shouldn't own a gun at this point?
Idk, food for thought.
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Your Short sideness?
