From: cdt@sw.stratus.com (C. D. Tavares)
Newsgroups: talk.politics.guns
Subject: Re: The true defense of gun ownership
Keywords: Guns,Constitution,Militia
Date: 15 Oct 92 17:40:40 GMT
Organization: Stratus Computer, Inc.

In article <9kmd4bv@Unify.Com>, ceb@dbrus.Unify.Com (Caroline E. Bryan) writes:
> >	Pardon me, but who in tarnation do you think makes up the  
> >   militia?
> 
> The amendment says "A well-regulated militia ..."
>                       ^^^^^^^^^^^^^^

Thanks, but what it SAYS is that a well-regulated militia is necessary
to a free state -- not that only the well-regulated militia can own guns.  
It says the PEOPLE can own guns:

)  "A well-educated electorate being necessary to the prosperity of
)  a free state, the right of the people to keep and read books, shall
)  not be infringed."
)
)  Do you conclude from this that only voters may own books?

By the way, "well-regulated," in the language of the time, meant 
"competent," "able to shoot straight."  See FEDERALIST No. 29, 
"Concerning the Militia," January 10, 1788 (Hamilton):

 To oblige the great body of the yeomanry, and of the other classes
 of the citizens, to be under arms for the purpose of going through
 military exercises and evolutions, as often as might be necessary to
 acquire the degree of perfection which would entitle them to the
 character of a well-regulated militia, would be a real grievance to
 the people, and a serious public inconvenience and loss.

There are other homologating references, such as "The Political Works 
of Andrew Fletcher" London, 1732; Glasgow 1749.  The word is used in
its sense of "promoting perfection" (e.g., "regulators" on grandfather
clocks).

> The numbskull who buys a gun and leaves it around, fully loaded, where his
> 3-year-old grandson can find it and kill his 2-year-old brother with it, is
> *not* part of a well-regulated militia.

He may or may not be (after all, using your own argument, what if he
belongs to the National Guard?)  What is clear is that he's a negligent 
idiot and should be punished for his negligence.

> Nor is a bunch of good ol' boys who
> drive around in a pickup every other weekend drinking beer and shooting at
> deer out of the pickup's windows a well-regulated militia. 

He may or may not be; what is clear is that they're common criminals and 
should be punished for their crimes.

What gun "control" aims to do is to punish ME for THEIR crimes.  If these 
idiots were drunk drivers, would you take away my car as a prior restraint 
on my possible future actions?

> The only legal
> well-regulated militia in this country that I know of is the National Guard.

Then you need education, because what you know about this area of law
is deficient:

United States Code (USC)

TITLE 10--ARMED FORCES

Section 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, citi-
zens of the United States and of female citizens
of the United States who are commissioned of-
ficers 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.


In short, anyone who is obliged to possess a draft card is a member
of the militia in the US.

> If you all know of other legal well-regulated militias in the U.S. I wish
> you'd stop maundering and name a couple.

The membership of any gun club quite likely qualifies.

But let me repeat that this line of argument is moot, because the
right to keep and bear arms is guaranteed (not granted, GUARANTEED)
to the PEOPLE, not to a "militia."  For example, despite the fact that
you're a female, you have this right too.
-- 

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