"`` the Second Amendment guarantees no right to keep and bear a firearm that does not have 'some reasonable relationship to [ 445 U.S. 55 , 66 ] the preservation or efficiency of a well regulated militia ' `` -Lewis v. United States ( US Supreme Court 1980 ) - VOR Lewis vs. United States : It is about a felon who wants to carry a gun . The decision clearly says felons can not own firearms . '' In 1961 , petitioner George Calvin Lewis , Jr. , upon his plea of guilty , was convicted in a Florida state court of a felony [ 445 U.S. 55 , 57 ] for breaking and entering with intent to commit a misdemeanor . See Fla. Stat . 810.05 ( 1961 ) . He served a term of imprisonment . That conviction has never been overturned , nor has petitioner ever received a qualifying pardon or permission from the Secretary of the Treasury to possess a firearm . See 18 U.S.C . App . 1203 ( 2 ) and 18 U.S.C . 925 ( c ) . In January 1977 , Lewis , on probable cause , was arrested in Virginia , and later was charged by indictment with having knowingly received and possessed at that time a specified firearm , in violation of 18 U.S.C . App . 1202 ( a ) ( 1 ) . [ ... ] `` http : //www.agh-attorneys.com/4_lewis_v_US.htm"
"Keep Going : `` F . Myth # 6 : The Second Amendment militia is the National Guard . The Founding Fathers made it clear that the Militia was composed of the populace at large . Both the Congress and Supreme Court have affirmed this definition of the Militia . 1 . Founding Fathers * George Mason : `` I ask , who are the militia ? They consist now of the whole people , except a few public officers . '' 145 * Virginia Constitution , Art . I , Sec . 13 ( 1776 ) : `` That a well-regulated militia , composed of the body of the people , trained to arms , is the proper , natural , and safe defense of a free State ; that standing armies , in time of peace , should be avoided , as dangerous to liberty .... `` * Richard Henry Lee : `` To preserve liberty , it is essential that the whole body of the people always possess arms , and be taught alike , especially when young , how to use them .... The mind that aims at a select militia [ like the National Guard ] , must be influenced by a truly anti-republican principle . '' 146 2 . U.S. Congress * 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 , or firelock , a sufficient bayonet and belt , two spare flints .... `` 147 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 to possess a [ military-style ] firearm and a minimum supply of ammunition and military equipment .... 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 . '' 148 * Current Federal Law : 10 U.S.C . Sec . 311 . '' The militia of the United 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 .... `` 149 3 . Supreme Court : U.S. v. Miller ( 1939 ) . In this case , the Court stated that , `` The Militia comprised 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 . '' 150 `` `` The Right of the People ``"
"Second Amendment guarantees no right to keep and bear a firearm that does not have 'some reasonable relationship to"
"Keep Going"