The unorganized militia

The unorganized militia

Some anti-gun activists claim that the Second Amendment only gives the right to keep and bear arms to “a well-regulated Militia.” So who is in that militia?

Actually Congress has defined the members of the militia.

Section 311 of US Code Title 10, entitled, “Militia: composition and classes” in its entirety (with emphases added) defines the militia as follows:

(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, 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 the Naval Militia.

Thus the militia is either the National Guard (the organized militia) or every able-bodied man between 17 and 45 (unorganized). That’s all of us.

For example, it was the militia that diverted Flight 93 from its intended target in Washington, DC, on 9/11, says
Neptunus Lex.

What purpose, the militia?

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Written by
Domenico Bettinelli