By David Codrea
United States -(AmmoLand.com)- “It is rather pointless to talk about ‘militia-suitable arms’ without talking about the Militia and their revitalization as the only way to preserve ‘the right of the people to keep and bear Arms,'” Edwin Viera commented in response to my latest update on the status of a Maryland gun ban case in the 4th Circuit Court of appeals.
If there are no constitutional Militia in operation, and this state of affairs is lawfully within the power of Congress and the States to continue, then what meaning does ‘militia-suitable arms’ have in practice?
“If, on the other hand, the Militia were in operation, then essentially any and every type of ‘Arms’ which had any conceivable use by the Militia (which is essentially every conceivable type of “Arms”) would be absolutely protected by the Second Amendment and the Militia Clauses of the original Constitution, and thus secure against phony judicial ‘tests’ such as ‘strict scrutiny’ and ‘intermediate scrutiny,’ which anyone with two brain cells to rub together can understand to be schemes for defeating constitutional rights, not protecting them.”
He’s right, of course. And deterrent effects of independent “We are Everywhere” potentials notwithstanding, the Founders were right when they deemed “a well regulated Militia … necessary to the security of a free State.”
But that doesn’t mean it’s “pointless to talk about militia-suitable arms.” The report was about a case where collectivists are trying to ban them, and what’s in front of the court is more narrowly focused . The larger Militia point and solution – especially what it will take to actualize it – will not be resolved in this particular case.
Put another way, if someone is attacking you, your focus will be on immediately stopping him, even though a greater societal goal to work toward exists. Sure, I want to win the battle and the war and establish liberty and justice for all. Right now, though, I just don’t want this guy to stick a bayonet in my guts.
There is a group working right now toward restoration of the Constitutional Militia and other goals, and it’s sharing that message and hoping to recruit members and support:
AmericaAgain! I was approached by their founder a few months back and, while I found merit in many of their ideas, had concerns about the way they were presented. I see they have a reworked video message which merits being shared, because it opens the door to discussing what one group is going forward with to make the Militia as articulated in the Constitution a reality.
I won’t be surprised if there are still some people who will find points of contention, which is not the discussion I hope to invite here. I’m asking you to look at the ideas presented in the video, and particularly focus on what you think could work and what your role in making that happen could be.
About David Codrea:
David Codrea blogs at The War on Guns: Notes from the Resistance (WarOnGuns.com), and is a field editor/columnist for GUNS Magazine. Named “Journalist of the Year” in 2011 by the Second Amendment Foundation for his groundbreaking work on the “Fast and Furious” ATF “gunwalking” scandal, he is a frequent event speaker and guest on national radio and television programs. David is an associate editor for Oath Keepers. David Codrea is the winner of multiple journalist awards for investigating / defending the RKBA and a long-time gun rights advocate who defiantly challenges the folly of citizen disarmament.
I attended Law School and hold a JD and we (the students in my Constitutional Law Class) cover the 2nd Amendment in-depth, and this individuals views are incorrect. We have to view the 2nd Amendment through the eyes of the founding fathers and what the meaning was and the intent behind the 2nd Amendment. That drives the logical test to determine whether or not the 2nd Amendment applies today. Well the 2nd Amendment not only applies today but for the future. The right to bear Arms is for every U.S. Citizen, and if need be, to have those Arms to… Read more »
Several years before the Heller decision (when the Miller decision’s militia-rights interpretation of the 2A still held sway), I met David Kopel at a Gun Rights Policy Conference. I told him I though anti-gunners were taking a very dangerous course in citing Miller because, while the ruling declared the 2A did not protect Miller’s right to possess a short-barrel shotgun because it was not suitable for militia use, I could cite Miller and say it DOES protect my right to own an M-16, MP-5, and other weapons because they WERE in current military use. Kopel’s response was a smile and… Read more »
Oh, and I forgot to mention full auto…yep they are guaranteed by the Second Amendment, too. There is a National Fire Arms Act of 1934 transfer tax, but yep, legal and guaranteed. M113s, Russian BMPs all for sale to US citizens. And what is this “… civilians should be allowed…” business? The decision to purchase, pay for, own, maintain, and employ belongs to the individual member of the unorganized militia, not any government.
If our armed forces were ever defeated, God forbid, an invading army would not find a docile unarmed population to enslave.
Does terminology like “militia suitable arms” suggest that we should be legalizing full-auto machine guns, rocket-propelled grenades, surface-to-air missiles, mortars, etc.? Is that the intent of the 2nd Amendment? If so, why stop there? Perhaps civilians should be allowed to possess tanks, land mines, fighter jets, chemical weapons of mass destruction. Heck, what’s the problem with a few nukes in every American household? Freedom baby! Liberty! Don’t tread on me! The Constitution! The 2nd Amendment! Buncha Rambo wannabes.
You don’t need to form a Militia to be Militia – Every Man already is Militia. And “well regulated” does not mean what most seem to think – it means to be well trained, NOT Controlled.
It is a very good legal idea will a solid base of argument . Count me in