F6 - Second Amendment: What does "well regulated" mean exactly?
The Second Amendment reads:
Quote:
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
I often hear those who support gun rights quote the part that says "the right of the people to keep and bear Arms, shall not be infringed," but I rarely hear anyone - even those on the gun control side of the debate - mention the "well regulated" part.
I find this odd for two reasons.
First of all, the phrase is right at the beginning of the amendment! How can anyone miss it?
Secondly, it seems like pretty loaded words that might bolster the argument from those who desire reasonable (and even unreasonable) gun control measures. Because if one can regulate they can have regulaTIONS, right?
So why is it that gun control advocates don't delve into that phrase more? And has the SCOTUS or any other courts ruled specifically on what those two words actually mean?
What is the Militia Bill H.R. 11654? July 9, 2012 By Rosie
[ seems the pro-gun author here combines two into one in her title above .. see below ]
Have you ever heard of the “Dick Act of 1902?” More properly known as the “Efficiency of Militia Bill H.R. 11654?. Oddly enough it is not available online from government sources, only a “catalog page” found at The Library of Congress .. http://lccn.loc.gov/96190993 . The Dick Act’s most quoted synopsis is: The Dick Act of 1902 also known as the Efficiency of Militia Bill H.R. 11654, of June 28, 1902 invalidates all so-called gun-control laws. It also divides the militia into three distinct and separate entities. The three classes H.R. 11654 provides for are the organized militia, henceforth known as the National Guard of the State, Territory and District of Columbia, the unorganized militia and the regular army. The militia encompasses every able-bodied male between the ages of 18 and 45. All members of the unorganized militia have the absolute personal right and 2nd Amendment right to keep and bear arms of any type, and as many as they can afford to buy .. continued ..
That progun synopsis is continued in the link below this the first comment to it ..
Michael says: August 22, 2012 at 2:25 pm
Actually, the Efficiency of Militia Bill H.R. 11654 does NOT articulate nor insinuate members of the “reserve” militia have rights to gun ownership. In Section 13, Issuance of Arms, it insinuates the reserve militia is not already armed. It further states, “That said rifles and carbines and other property shall be receipted for and shall remain the property of the United States and shall be annually accounted for….” Taken within this context, the Bill actually insinuates gun regulation by government. To be clear, I am a supporter of gun ownership but I think it is important to be factual.
Also, in Section 4, To be called forth, “…whenever the United States is invaded or in danger of invasion from a foreign nation, or rebellion against the authority of the Government of the United States, or the President is unable, with other forces at his command, to execute the laws of the Union in any part thereof, it shall be lawful for the President to call forth, for a period not exceeding nine months, such number of the militia of the State or of the States or Territories or of the District of Columbia as he may deem necessary to repel such invasion…..” Clearly, the whole nine month thing has been compromised extensively and I’m not sure sending the National Guard to any foreign country is within the spirit of the Bill but it does give the President the authority to call up the reserves.
Also note the Library of Congress link in the article above .. i searched the Library for the Efficiency of Militia Bill H.R. 11654 and didn't get it directly either ..
which as the pro gun person of the synopsis in part above thought odd, is curious to me, too ..
apparently the two are different, but which is the Dick Act i can't determine for sure ..
Anyway .. all that aside .. fwiw .. personally it feels increasingly to me the militia of the 2nd Amendment refers to the organized state militia ..
"The role of militia, also known as military service and duty, in the United States is complex and has transformed over time. The term militia can be used to describe any number of groups within the United States. Primarily, these fall into:
The organized militia created by the Militia Act of 1903, which split from the 1792 Uniform Militia forces, and consist of State militia forces, notably the National Guard and the Naval Militia. The National Guard however, is not to be confused with the National Guard of the United States, which is a federally recognized reserve military force, although the two are linked." .. http://en.wikipedia.org/wiki/Militia_%28United_States%29
and not to every citizen .. sorry about the what is probably a wayward and confusing post .. lol .. fact is i am confused about the Dick Act? 1902 or 1903 .. as i tried to express above
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