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Originally Posted by dc_dux
My understanding is that there is a Supreme Court precedent on "the people" clause and that it recognizes "the people" in the same manner as the 1st amendment.
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US v. Verdugo-Urquidez. While this textual exegesis is by no means conclusive, it suggests that 'the people protected by the Fourth Amendment, and by the First and Second Amendments, and to whom rights and powers are reserved in the Ninth and Tenth Amendments, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community.”
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Originally Posted by dc_dux
The "militia" clause is less settled. Presser said the states cant interfere with the right of the federal government to maintain a militia ...it did not go so far as to say that any or all individuals who own guns are that defacto militia or reserve force.
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Arms ownership does not qualify you for the militia.
§ 311. Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(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.
Alot of us are militia members and don't even realize it.
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Originally Posted by dc_dux
edit: It seems to me if the NRA was confident of the meaning of the "militia" clause, it would have challenged one or more of the many state/local gun control laws in the last 20 years.
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The NRA is a near useless organization now. It's compromised so much on gun legislation over the last 40 years as to be near traitorous in its defense of the 2nd. GOA (gun owners of america) is a legitimate 2nd amendment support organization. They are non compromising.
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"no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him."
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