Written by Richard Dockery, May 17, 2020
What is the 2nd Amendment to the US Constitution really telling us, and how does it relate to our Militia. This is a question of hot debate more now than ever with the ever-growing war on the rights of American Citizens. Let’s start off looking at the words themselves:
“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.”
Pretty short and with very few, but carefully selected, words by design (that tells us something right there)
Let’s start off at the beginning, where the arguments immediately start…the term “Militia”. This is a term that has been redefined by law many times since 1791, but which still remains almost untouched at state levels. There are 2 types of militia we find defined…Organized and Unorganized. Organized is fairly consistently defined to be a “formal” structure assembled from the citizens. This over the years has been redefined as the National Guard in most states (Citizen Soldiers), but also as a separate group, in many more traditional states, as State Defense Forces (SDF), which cannot be activated for Federal use, and which are focused on the defense of the citizens of that state. Georgia for example….they have a Militia and a National Guard under state control.
The other, unorganized militia, tend to be defined as groups of citizens that unite to form a service for the good of other citizens, in support of the constitution and the rights recognized by the constitution. These groups are not under the control of a state entity, or federal….and contrary to popular opinion are not illegal. For a model, think of Colonial America and the colonists….the participants at Lexington and Concord for example. Members can consist of just about anyone. “Well Regulated” in the 18th century is a phrase often used to mean “in working order, maintained, or functional”
When we bring these definitions forward to today we find an example in the Florida Statutes:
(2)The organized militia is composed of the National Guard and any other organized military forces that are authorized by law.
(3) The I organized militia is composed of all persons who are subject to military duty but who are not members of units of the organized militia.
(4)Only persons exempt from military duty by the terms of federal law are exempt from military duty in this state.
So to put to bed the “who are we talking about with the 2nd Amendment, the Militia is not the Army, it’s not just the National Guard, it is “…All able-bodies citizens of the state…”
Let’s look at the next part…Purpose: “…necessary to the security of a free state…”. So we are talking about the necessity of a Free State remaining free, and the responsibility for that freedom falling on the shoulders of able-bodied citizens. Pretty clear so far. So that begs the question, who would be threatening a free state where able-bodied citizens might be brought to action? If we look at what was happening during the era it was written, that could be 2 possible entities: a foreign force, or a local government sponsored force. So all able-bodied citizens should be able to unite together to counter a foreign or government force to maintain a Free State.
But…how can they do this and be successful?…that brings us to the next part “...the right of the people to keep and bear arms...”. It state “Right”…not permission. It’s a right, and by way of the other wording we discussed, it is just as much a duty. Bearing arms is the means by which all able bodied citizens can unite to insure a free state against those who would attempt to change that, be it foreign or governmental.
When we hit the last part “…shall not be infringed”, that’s pretty clear. No restrictions. If the people are to be able to do this, they need to have the necessary arms…without restriction… to be able to successfully ward off a force with intention to end the free state. That doesn’t mean being restricted to lesser arms, or inferior arms. It means necessary arms to be effective, or why bother to begin with.
So in summary, what does the 2nd Amendment tell us?:
All able bodied citizens have the right (and duty) to own and maintain any arms necessary to enable them to unite together to fend off any enemy of the free state, be it foreign, governmental, or otherwise.
That being said, any and all laws and restrictions enacted that limit this ownership is at the heart of the matter, unconstitutional and at odds with the intentions…and directive…of the founding fathers. Keep this in mind when you chose your political candidates, and be sure to ask them not only where they stand on the 2nd Amendment, but how they interpret it, and what they will commit to do to return our laws back to constitutional alignment while in office.
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