California's New CC Ruling

[J.B. Books]

Originally Posted by Bruce Day

"Militia" is well defined, see below. You fellows over 45 are not in the militia. I am by virtue of being subject to recall by order of the President.

If you are recalled to active duty with the U.S. Military you are not part of the "militia" ( a bit surprising to me that you would not know that). The standing active duty military is not the militia. The National Guard , which didn't exist until 1903, created by the Dick Act is not the militia.

This was addressed and clarified in 1982 by the Senate's Judiciary Committee, Sub-committee on the Constitution, in Senate Document 2807:

"That the National Guard is not the 'Militia' referred to in the Second Amendment is even clearer today. Congress had organized the National Guard under its power to 'raise and support armies' and not its power to 'Provide for organizing, arming and disciplining the militia.' The modern National Guard was specifically intended to avoid status as the constitutional militia, a distinction recognized by 10 U.S.C. 311(a).

Title 32 U.S.C. in July 1918 completely altered the definition of the militia and its service, who controls it and what it is. The difference between the National Guard and Regular Army was swept away, and became a personnel pay folder classification only, thus nationalizing the entire National Guard into the Regular Standing Armies of the United States."

The bottom line all the arms, the munitions, the armament and equipment of both the Active Duty Military and National Guard is owned and controlled by the federal government, not by "the people" as stipulated in the last phrase of the Second Amendment.

With regard to a standing military and the 2nd Amendment, here's the voice of a more obscure founding father.

"What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty. . . .Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins." - Rep. Elbridge Gerry of Massachusetts, Signer of the Declaration of Independence, VP of the United States 1813-1814, spoken during floor debate over the Second Amendment, , August 17, 1789

[Bindlestiff]

Originally Posted by Pete Lester

"What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty. . . .Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins." - Rep. Elbridge Gerry of Massachusetts, Signer of the Declaration of Independence, VP of the United States 1813-1814, spoken during floor debate over the Second Amendment, , August 17, 1789

Amazing what one can learn at this web site!

[Bruce Day]

And by virtue of being in the Militia of the United States, the Constitution , see below, provides for organizing , arming , and disciplining the Militia , see further below.

[Setter Man]

While all of this information is relevant keep in mind that courts are the final arbiter when if comes to interpretation of our laws as provided in the constitution. Again, nothing is black and white.

[Kensal Rise]

Originally Posted by Jay Gardner

... courts are the final arbiter when if comes to interpretation of our laws as provided in the constitution. Again, nothing is black and white.

Gotcha. Kind of like the Nuremberg Laws? The Fugitive Slave Act?

In the spirit of fuller disclosure of course.

[Dean Romig]

Originally Posted by Jay Gardner

While all of this information is relevant keep in mind that courts are the final arbiter when if comes to interpretation of our laws as provided in the constitution. Again, nothing is black and white.

And even the Supreme Court of the United States of America is made up of human beings, each with his or her own beliefs and each being the product of his or her own 'environment' in their formative years and today living close to those beliefs that may have been imposed upon them by parents or the society in which they lived or choose to live in today and continue to associate with..... These people, appointed to their positions, some of whom may be predisposed to be anti-gun (for reasons discussed above) are tasked with interpreting the meaning of the Second Amendment to the Constitution so that it must be followed and adhered to by each and every American citizen...

Yup, I guess nothing is black and white...

And democracy truly is an imperfect system of government... but it's the best we have ever found and has been proven to be the most fair to all citizens.






.

[OH Osthaus]

Originally Posted by Dean Romig

Yup, I guess nothing is black and white...

And democracy truly is an imperfect system of government... but it's the best we have ever found and has been proven to be the most fair to all citizens.

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A common misconception - however we are a republic not a democracy Which adds more grey

Which results in many rural areas -upstate New York or Northern California for example - being represented by people selected by high density urban populations, instead of someone who may closer reflect their views


An example of the impact is that nearly all the counties in NY oppose the "safe act". But the 5 bourghs of the NYC support it

[Dean Romig]

Okay... we're a republic with a democratic form of government..... nit-picker






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[OH Osthaus]

Slow day

[Bruce Day]

Go watch Fox News. That will get you all worked up.

As for me on this hot day, I'm just kicking back and waiting for delivery on the Cadillac that Joel Osteen says God has waiting for me.