Gun Control & RKBA
In reply to the discussion: Now that Scalia has died, are gun-lovers feeling... [View all]jimmy the one
(2,720 posts)guillaum: But even accepting the legitimacy of such a militia, the acts all agree that there is an age range of 17-45 for such a militia. So clearly gun ownership cannot be a right for the older than 45 crowd.
45 years old was considered old circa 1776, as 50 was avg life expectancy. So they allowed for a 5 year retirement plan!
The military & national guards I'm pretty sure have extended this age to mid 60's, maybe 65.
But you're right I think (nuclear uni in a catch 22!) since they didn't change the militia age bracketing in 1903 when they revised the militia into the national gds & UNorganized militia, they kept the eligible ages as 17 - 45.
I even checked footnotes, and it appears that as of at least 1956 the age was 17 - 45:
US militia code(a) The militia of the United States consists of all able-bodied males at least 17 years of age and under 45 years of age.... (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. (Aug. 10, 1956, ch. 1041, 70A Stat. 14; Pub. L. 85861, § 1(7), Sept. 2, 1958, 72 Stat. 1439; Pub. L. 103160, div. A, title V, § 524(a), Nov. 30, 1993, 107 Stat. 1656.) https://www.law.cornell.edu/uscode/text/10/311
The emboldened above is this link, aug 10, 1956 I presume: http://uscode.house.gov/statviewer.htm?volume=70A&page=14
guillaum: What I find interesting is that DC v. Heller stands alone among SCOTUS Second Amendment decisions regarding the concept of individual right to carry, but ever since that decision the gun crowd has talked about the decision as representing original intent. Amazing how people can mentally rewrite history to conform to desires.
Revisionist history abounds in the gun culture. At least heller left it up to the states whether they wanted these concealed carry laws to apply.
Oh, btw, I've removed scalia from my 'hope he drops dead' list. Of natural causes I'll add but not that necessary; remaining are the perpetrators of the 2003 gulf war, & a few others.