🚀 go-pugleaf

The Lone Weasel wrote:
> Gun Dyke <GunDyke@NOSPAM.com> wrote in 
> news:Xns95C5E5FF57761dyke@206.124.0.13:
> 
> 
>>the human Right to Keep and Bear Arms
> 
> 
> There is no "human rkba".  You have to also be a member of 
> the well-regulated militia, AKA the National Guard, and on 
> active duty.
> 
> So if you're in love with the gunlobby's false advertising 
> about the Second Amendment, you're gonna have to join the 
> National Guard - the NG getting killed almost daily in Iraq, 
> yes that National Guard - if you want to enjoy the true RKBA 
> granted by the Second Amendment.
> 

In Perpich v. Department of Defense [496 U.S. 334 (1990)] the USSC ruled 
the Dick Act was Constitutional.  The The Dick Act divided the class of 
able-bodied male citizens between 18 and 45 years of age into an 
"organized militia" to be known as the National Guard of the several 
States, and the remainder of which was then described as the "reserve 
militia," and which later statutes have termed the "unorganized militia."

So, the USSC has upheld the ruling the "reserve" or "unorganized" 
militia is everyone not in the "organized" militia".

There were no dissenting opinions entered about any of the descriptions 
of the present statutory scheme.

"...Congress has exercised this power in various ways, but its current
choice of a dual enlistment system is just as permissible as the 1792 
choice to have the members of the militia arm themselves. Second, the 
Clause authorizes Congress to provide for governing such part of the 
militia as may be employed in the service of the United States.[496 U.S. 
334]"

When called to service of the United States Congress governs the militia 
and decides how the militia may bear arms; when not called to service 
Congress does not.

The Act of January 21, 1903, 32 Stat. 775, provided in part:

       "That the militia shall consist of every able-bodied male citizen 
of the respective States, Territories, and the District of Columbia, and 
every able-bodied male of foreign birth who has declared his intention 
to become a citizen, who is more than eighteen and less than forty-five 
years of age, and shall be divided into two classes - the organized 
militia, to be known as the National Guard of the State, Territory, or 
District of Columbia, or by such other designations as may be given them 
by the laws of the respective States or Territories, and the remainder 
to be known as the Reserve Militia."

So, the National Guard is only a PART of the modern constitutional well
regulated militia, every citizen (and certain foreign born residents) 
not in the National Guard (or on active duty) are the other part.

Who does that "right to keep and bear arms" apply to again?

"And when "the people" appears in the phrase "the right of the people" 
in the Constitution, we conclude that it indicates a personal right of 
individuals, whether that be a right to assemble and petition, to be 
secure in one's person and property, or to keep and bear 
arms."--MEMORANDUM OPINION FOR THE ATTORNEY GENERAL--United States 
Department of Justice--August 24, 2004

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"What is true of every member of the society, individually, is true of 
them all collectively; since the rights of the whole can be no more than 
the sum of the rights of the individuals." --Thomas Jefferson to James 
Madison, 1789. ME 7:455, Papers 15:393

"Can the liberties of a nation be thought secure when we have removed 
their only firm basis, a conviction in the minds of the people that 
these liberties are of the gift of God? That they are not to be violated 
but with His wrath?" --Thomas Jefferson: Notes on Virginia Q.XVIII, 
1782. ME 2:227