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Discussion Starter · #1 ·
The issue has remained fundamentally the same over the years. The Founding Fathers in their wisdom tried to guarantee that no future tyrant, be he domestic or foreign, could impose his will upon a helpless population.

Those who argue that the authors of the Second Amendment did not intend to protect the right of ordinary American citizens to own military-style weapons must contend with the fact that the same Congress which passed the Second Amendment also passed the Militia Act of 1792. This law required every free male between the ages of 18 and 44 to own the same type of rifle that was used by soldiers in the Revolutionary War and to own ammunition as well.

The Supreme Court confirmed this in 1939. The Court stated in U.S. v. Miller:

The Militia comprised all males physically capable of acting in concert for the common defense . . . [and that] when called for service, these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time. (49)
Thus, military-styled firearms are constitutionally protected firearms for individual citizens. The Court's reference to the militia is not a reference to the National Guard but "all males" who are physically able to defend the country.

540 Posts
10 USC Sec. 311 01/02/01



Subtitle A - General Military Law




Sec. 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.

Find it here:

Type "10" under title and "311" under section

How can I be in the militia without a weapon suitable for military use????

"Assault weapon" is a BS term anyway. It's just something the politicians came up with to make certain firearms sound scary and evil, so they could start the banning process. Same thing as with "cop killer bullets." A term that has no real definition, but is sure to stir up emotions.

The best way to try and get your way is to stir up emotions and ignore the facts, thus these terms are created and distributed via mass media.

I remember reading an article awhile back that the firearms used by the US Olympic hopefuls were illegal in California, because some of the features (magazine in front of trigger housing, etc.) made them assault weapons under their state laws.

Edit *found story and web site*

A Crack Shot Caught in the Gun-Control Crossfire

Liberal legislators have been running over each other to enact the newest gun-law for headlines and to ostensibly protect the public. Democrat legislators are punishing people before a crime has even been committed. Thoughtless legislation passed last year has now victimized a teenage Olympic hopeful.

Lauren Santibanez of Rancho Penasquitos attends Carmel High School and is a world-class target shooter and a gold-medal contender at this summer's Sydney Games. She's also, in theory, a criminal: since the ammunition magazine on her $2,000 custom-made pistol sits in front of the trigger, not behind it. According to state law her gun is an assault weapon. Lauren's father, also her shooting coach, contends it is absurd stating "We are faced with becoming felons because of this law. My daughter is an Olympic shooter, not a criminal."

The measure's author, Senator Perata (D-Oakland) is unsympathetic stating: "If Olympic shooting is her goal, she should find a state more friendly to the sport, much like Olympic skiers go to Utah and Colorado to train." Santibanez, who planned on attending CSU Humbolt, just might do that to keep her Olympic dreams alive.

Bad gun laws, such as this one, harm responsible gun owners. It takes guns away from law abiding, sporting, and even Olympic gun owners. The murderer that Perata is trying to stop will not care whether his gun is considered an illegal assault weapon

427 Posts
Thanks, DocWagon for getting the facts out.

There's one more thing I'd like to add, Don Perata has a Concealed Carry Weapons permit which he keeps current at the ranges opened exclusively to KA law enforcement. I guess he hoped law enforcement types would keep his secret. He also has KA's equivalent of the Secret Service to protect his gold-plated rump.

When Don Perata intrduced his ASSault Weapons ban in the KA senate in 1999, he said: "any law-abiding citizen shouldn't have problems with registering their gun with the state..."

His latest bill will add 5 cents to each round of ammo sold. His sales pitch goes like: "the cost of treating gunshot wounds should be payed for by those who purchase ammo".

Perata is not the only anti-gun leader in the KA Senate! There are at least 6 clear leaders, and a majority of followers. It seems the only time they back off a particular bill is when the peasants raise a lot of hell! But then they're back the next week with another angle to put gun owners in jeopardy of becoming a felon.

In KA, you can be a felon if you never broke a law. If you bought your centerfire rifle legally in 1999, and you didn't register it after it became an "ASSault rifle" in 2000, you are a felon and you're lucky you haven't been thrown in prison yet. There are no longer any provisions to legally register it, or legally turn it in to police. You are a felon. When convicted, you will forever be barred from owning another gun in your life! Talk about Unconstitutional! Those elitists don't care about the American Constitution! To them it's outdated and should be altered for their benefit!

Thought for the day:

Governments corrupt naturally. Before America, it was unnatural for the citizenry to control the government. In America today, it is again unnatural for the citizenry to control the government.

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