Is your state free? Part 1 of 3 click here
You can't own an assault rifle and be a good person, right? Part 3 of 3 click here
One aspects people like to focus on is the first phrase that states that a well-regulated militia is a necessity for a Free State. So what actually is a militia? Generally, I think that the word has a bit of a negative connotation. It has not been a popular thing to be a member of a militia. You don't see the members on late night TV talk shows. You only hear about them when they act dramatic and make it on to the news. I would venture to say that a lot of people think that militias are only the National Guard or weirdos playing war games in the hills. For something so predominantly mentioned in our Bill of Rights, we should really nail down what the militia is and how they should be regulated.
The definition the United States designates the militia as per Title 10 of the U.S. Code, Section 311 states:
(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
We will mainly be talking about part (B) section (2) the unorganized militia as we move forward. I will refer to it as just the militia as today we commonly know the National Guard as, The National Guard not The Organized Militia.
The militia is a pretty big group of people. In all honesty until I started researching the second amendment I had never heard that definition. But it has been on the books from almost the founding of our nation in different forms.
So what is such a large part of our society to do as the militia? Namely’ stand ready to guard the free state. Not professionally as The National Guard does, but only when called upon as needed. The militia is kind of like the checks and balances that we are able to actively take part in. If any group in power is interfering with their peoples’ opportunity to live in a free state, than a militia may be used to correct the course. They may be called to supplement the professional military to aid in national defense from foreign threats, in cases of succession, or to defend against domestic threats as in the case of Athens, Tennessee.
Many times I have heard the statements of “a [unorganized] militia could never defeat the military” or “you couldn’t overthrow the government with a militia” Both statement have some truth. Both statements also show a lack of understanding of what the militia is for. It’s not meant to be used against our professional military. It is not meant to overthrow the government. The United States did not gain its independence from using militia alone. We had a professional military and aid from other countries. The militia is to ensure our government doesn't feel it can overstep its bounds because the citizens have the capability to give forceful opposition. I will reiterate that there are many other steps to take before force should be considered. However, if you do not have the capability of using force as an option, then you are starting off at a disadvantage. It’s not written that the militia is necessary to stand guard in direct opposition to the military. Nor does the Second Amendment mention the militia should be capable of overthrowing the government if necessary. The government and the militia are not mutually exclusive. They work together. It gives everyone skin in the game. If those in charge get off course, the militia gives weight to the people when making a course correction. As I have said, force or even a show of force should not be the first course of action, but having it as an option does give the citizens a bit more teeth to be taken seriously if they are not being properly represented or they are being mistreated. We all want to see our country thrive. We all want the opportunities promised to us by our country. The militia is just one of many tools that ensure us that we can pursue our happiness.
I think most Americans see the censoring of the Internet in other countries as despicable. Another example of a government going too far. It should be a red flag when the government takes control of its people’s tools to spread and receive information and only allows information it deems appropriate to be seen on the internet. If you have that in addition to the disarming of the people, you are left with a crippled people largely ineffective at fighting back against oppression. That is not a government by the people, of people and FOR the people. That was understood by the people who ratified the constitution and the bill of rights more than 200 years ago.
What about the well-regulated part? It is obvious that the Second Amendment was not written with a Hollywood-style Wild West in mind. It was intended to be a well-regulated militia. The militia can be called upon by the government for assistance in protecting the homeland, but it is also meant to be able to protect the citizens from a corrupt government. Therefor it would be a conflict of interest if the government was allowed to regulate the militia. If you have corrupt leaders in charge of the people’s tools to fight back, how available or effective do you think those tools would be?
It is important to understand what the definition of what word “regulated” meant in the time of the writing of the Bill of Rights. In brief, well regulated in the late 1700’s was more of a maintenance term than a control term. For example a well “regulated” car would mean a car in good repair and safe to drive on the roads. Where as our modern interpretations of regulated, which is similar to the way a voltage regulator works. A voltage regulator controls the voltages by limits the flow allowing only the needed portion to go further down the circuit.
If we use the term regulated with the more modern day interpretation, as we commonly understand it, how can we have a regulated militia? Who will control the militia? Or who should maintain the militia if we use the older definition of regulated? I would put forth that the militia regulates itself inside the laws of the land inasmuch as the laws do not infringe on the right of the people to keep and bear arms. You can see how forward thinking the Second Amendment really is. It ensures people the capability to regulate their governors and if needed help augment the professional military from foreign invaders or an unjust insurrection, while still allowing the governors the capability of regulating the militia and governing over a more perfect union while establishing justice, ensuring domestic tranquility, provide for the common defense, promote the general welfare and ensure the blessings of liberty. If a time came when it would be necessary to use the militia, members need to have knowledge and capability of how to use arms as effectively as possible. A very important part is knowing when to use force. There are many steps to be taken first and levels of force that can be applied before the use of anything with potentially deadly force should be considered. You are a danger to everyone when you are ignorant to the capabilities and limitations of your weapons. Similar to a car that has a powerful engine but no steering or brakes is good for nothing and a public danger. So too is a gun owner who is negligent and out of practice with his weapon.
Speaking to the 17-45 year olds who form the militia; It is your duty as an American to have the capabilities needed if called upon. I’m not saying that you need to own a gun or even like guns. But you do need to know the realities of what they can and can’t do, how to properly keep and maintain them, and the defenses and tactics against them namely proper first aid. I strongly propose to everyone that they at least shoot a modern gun, they are not like in the movies or how the news tend to portray them.
The government shouldn’t bear that responsibility for regulation of the militia. I feel most of the burden falls on the society that claims the right to keep a militia and keep and bear arms. It’s made up of us, to help us. We should accept that responsibility. Historically we have been regulating ourselves through families teaching their young ones about guns and gun safety. Boys and girls clubs through the years have taught proper respect for weapons. The scouts have taught proper marksmanship and maintenance for years. In return it has removed some of the dangerous curiosity children sometimes have towards guns. But as those groups dwindle and more families are fed a diet of misinformation and fear, the reinforcement of sound respect for the principles for guns is not getting taught as much. Many homes have guns in them but the children are never properly introduced to them. They are only told don’t touch, or the weapon is hidden from them completely and made into an object of mystery leading to that dangerous curiosity. Keeping your arms inaccessible to children should be obvious, just like other dangerous objects in your home. You have to decide what is the best way for your family, but not teaching anything creates a vacuum of knowledge ready to be filled by any information, true or not.
Unfortunately, there is a scary amount of misinformation spread from the media and over the Internet. Also an embarrassingly large amount comes from many of our politicians. Those are good reasons why you need to know for yourself what you feel is the best way we can way regulate our militia without infringing on our right to bear arms. Relying solely on movie fantasy and poorly informed opinions is a dangerous game when it comes at the cost of our liberties.
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