The 2nd Amendment: The Militia and the Right of the People to Bear Arms

2nd Amendment Militia Right to Bear Arms

U. S. v. Cruikshank, 92 U. S., 542 2nd Amendment Militia and Right to Bear Arms [Click to enlarge]

What this is saying is our Rights are not given by the Constitution or men, they are our birthright given by God, we can neither give them away, nor can they be taken from us, Thomas Jefferson said as much himself. The constitution only enumerates those rights and spells out in the 2nd amendment the government is prohibited from restricting those rights in any way what-so-ever. This includes any legislation of any form that tries to enforce any gun control laws, or restrict the peoples able to possess any type of firearm available or the ammunition needed to use those firearms in the protection of our selves, our families, our rights, our property and our country etc.

THE MILITIA.

1319. Right to bear arms.—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. (See Note 1) Constitution of the United States, second amendment.

NOTE 1: The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for Its existence. The second amendment means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National [i.e. Federal] Government. (U. S. v. Cruikshank, 92 U. S., 542.)

[Cite as United States v. Cruikshank, 25 F. Cas. 707 (C.C.D. La. 1874) (No. 14,897), aff’d, 92 U.S. 542 (1876). NOTE: This is the district court decision which was appealed to the Supreme Court (United States v. Cruikshank, 92 U.S. 542 (1876)). This case concerns an enforcement of rights under the fourteenth amendment including the first amendment right to assemble and second amendment right to arms. The Supreme Court decision held that these rights are not granted by the constitution and do not depend upon it for their existance. The lower court used similar reasoning on P. 710: “With regard to those acknowledged rights and privileges of the citizen, which form a part of his political inheritance derived from the mother country, and which were challenged and vindicated by centuries of stubborn resistance to arbitrary power, they belong to him as his birthright, and it is the duty of the particular state of which he is a citizen to protect and enforce them, and to do naught to deprive him of their full enjoyment. When any of these rights and privileges are secured in the constitution of the United States only by a declaration that the state or the United States shall not violate or abridge them, it is at once understood that they are not created or conferred by the constitution, but that the constitution only guaranties that they shall not be impaired by the state, or the United States, as the case may be.”

1321. Defining terms.—Whenever the words ” State or Territory” are used in the “Act to promote the efficiency of the militia, and for other purposes,” approved January twenty-first, nineteen hundred and three, as amended, they shall be held to apply to and include the District of Columbia. Sec. 74, Act of Feb. 18,1909 (35 Stat. 636).

1322. Composition of the organized.—The militia shall consist of every able-bodied male citizen of the respective States and 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; the remainder to be known as the Reserve Militia: Provided. That the provisions of this Act and of section sixteen hundred and sixty-one, Revised Statutes, as amended, shall apply only to the militia organized as a land force. Sec. 1, Act of May 87,1908 (35 Stat. 309).

1323. Exemptions.—The Vice-President of the United States, the officers, judicial and executive, of the Government of the United States, the members and officers of each House of Congress, persons in the military or naval service of the United States, all custom-house officers, with their clerks, postmasters and persons employed by the United States in the transmission of the mail, ferrymen employed at any ferry on a post road, artificers and workmen employed in the armories and arsenals of the United States, pilots, mariners actually employed in the sea service of any citizen or merchant within the United States, and all persons who are exempted by the laws of the respective States or Territories shall be exempted from militia duty, without regard to age. Sec. 8, Act of Jan. SI, 1903 (32 Stat. 775).

1324. The same.—Nothing in this Act shall be construed to require or compel any member of any well-recognized religious sect or organization at present organized and existing whose creed forbids its members to participate in war in any form, and whose religious convictions are against war or participation therein, in accordance with the creed of said religious organizations, to serve in the militia or any other armed or volunteer force under the jurisdiction and authority of the United States. Sec. 8, Act of Jan. SI, 1903 (38 Stat. 775).

1325. Organization.—The regularly enlisted, organized, and uniformed active militia in the several States and Territories and the District of Columbia who have heretofore participated or shall hereafter participate in the apportionment of the annual appropriation provided by section sixteen hundred and sixty-one of the Revised Statutes of the United States, as amended, whether known and designated as National Guard, militia, or otherwise, shall constitute the organized militia. On and after January twenty-first, nineteen hundred and ten, the organization, armament, and discipline of the organized militia in the several States and Territories and the District of Columbia shall be the same as that which is now or may hereafter be prescribed for the Regular Army of the United States, subject in time of peace to such general exceptions as may be authorized by the Secretary of War. Sec. 2, Act of May 27, 1908 (SB Stat. 399).

Source: The Military Laws of the United States, 1915; By the United States War Department

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