Comment on Rock Eagle Flag
Rivalarrival@lemmy.today 6 days agoWhat is the militia?
That isn’t a flippant question. I’d like a serious answer.
I’d like to know both the constitutional definition of “militia”, as used in Article I Section 8 and 2nd Amendment, as well as the legislative definition, as codified in 10 USC 246.
The answers I have learned are that the militia is “the whole body of the people” (constitutional meaning) and “every able bodied male citizen, aged 17 to 45”. (Legislative, paraphrased)
When you algebraically substitute either of those answers back into the 2nd amendment, you arrive at the only reasonable perspective: The whole body of the people, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
“But what about the well regulated part? Isn’t the militia unregulated?”
The militia is regulated under the powers granted to Congress under Article I Section 8 parts 15 and 16. Congress does have some regulations governing the militia. They have enacted legislation defining what part of the militia they intend to call forth, and how they intend to do that. They have enacted legislation obligating every male to register with selective service. They can enact many, many more regulations on the whole of the militia. If you feel YOU are not adequately regulated, I suggest you notify your congressional representatives, as they are the only ones currently empowered to adjust regulation of the militia.
You’ll have my support; I specifically called for such regulation in my last post.
mojofrododojo@lemmy.world 6 days ago
bump stocks do not represent a well regulated militia.
leaving weapons in the hands of people who have red flags is not representative of a well regulated militia.
no uniformity in your ‘militia’, regarding equipment training and supply does not represent a well regulated militia.
By that logic - there has been no call-up of militia. Therefore anyone attempting to use this defense needs to justify their activities.
I’m not anti-firearm, I’m anti-idiots-having-firearms. I’m prior service army - weapons are tools and without training and regulations tools of any sort can represent a danger to the public. I despise the attitude that justifies bump stocks, especially after they were used in the largest, most deadly mass shooting - Route 91 Harvest music festival, Las Vegas, October 2, 2017: 60 killed, more than 850 injured.
it’s absolutely bonkers that we even need to argue these points.
Rivalarrival@lemmy.today 6 days ago
You don’t get called up to the militia. You get called forth from the militia. In joining the Army, you were, indeed, called forth from the militia and you answered that call. Your right to keep and bear arms was not contingent on there having been a call, nor on you answering a call. The right was guaranteed to you, because you have the individual and collective responsibility to secure the state.
Don’t tell me. Tell Congress that you want to be subjected to additional regulation in your role as a militiaman. They seem to think that they have enough regulation on the militia already. You tell me what else you think you should be required to do. Not to secure your right to keep and bear arms: they are expressly prohibited from infringing in gun ownership. They can’t stop you from owning a gun, but they can compel you to participate in militia training.
mojofrododojo@lemmy.world 5 days ago
it’s all complete bullshit and you know it. there never has been a militia, it’s been a gaggle of fuckwits.
you people and your fantasy life make me sick. want to protect your country? enlist.
jfc goddamn gravy seal garbage
Rivalarrival@lemmy.today 5 days ago
I did enlist, 24 years ago. The proper epithet for me is “Chairborne Ranger”, not “Gravy Seal”.
I do agree with you: what the constitution refers to as the militia is not the various “gaggles of fuckwits” that regularly claim the title. Those nitwits calling themselves “militia” and dressing up in military surplus are some weird motherfuckers, but they are only “militia” in the same sense that that the local PTA, or an adult, recreational soccer league, or a knitting circle are “militia”. It is their status as members of the citizenry that makes them militia, not their participation in some sort of outdoor paramilitary adventure club.
As you have never learned what “militia” actually means, it is unsurprising that you have never learned the difference between “militia” and “military”.
The militia is charged with providing the security of a free state. The militia may be called forth to enforce law, suppress insurrection, and repel invasion. The military can only perform that last function.
Under the Posse Comitatus act, the military is expressly prohibited from enforcement of law and suppression of insurrection. Those activities may only be performed by the militia. The various people being paid to perform those activities have been “called forth” for that purpose, but one need not be formally “called forth” to act.
A woman walking across a parking lot, clutching the little can of pepper spray on her keychain, is a militiaman. Her presence deterring would-be criminals from attacking herself or anyone else in the area is one kind of “security” referred to in the Second Amendment.