Originally posted by CX
Going by this, am i right in saying that unless you are National Guard, Naval Militia and the likes, you are not classed as an organised
militia.....therefore this ruling will be unlikely to pass today?
Yes, that is what US Code says now, but what US code and what the definition at the time of the drafting of the Constitution are two different things.
You have to examine history to find the original intention of the framers, particularly Madison.
Madison, nor any of the other framers, invented the right to own firearms. Remember that at the beginning of the Revolutionary War, the Patriots were
subjects of the British crown. As the Revolution began, the Patriots were concerned about defending their rights as British citizens; Independence
would come later. One of those rights, enshrined for nearly 90 years before the Revolution began in the English Bill of Rights, was the right to bear
arms for personal defense.
At the time of the Revolution and the drafting of the Constitution, the militia was considered to be any white freeman who owned a firearm, and who
could be called upon in an emergency. Before there was a standing, permanent Continental Army, these men served as the defense of the Colonies (and
as support for British regulars before the Revolution). They would leave their day-to-day jobs for the duration of the emergency, and at the end of
their commission, would return to those day-to-day jobs (almost like the National Guard or Reserves today, but not quite).
As tensions in the Colonies grew, British regulars attempted to disarm the populace in order to prevent a popular uprising, and organizing of a
militia, against outrages against the Colonies. Years later, when drafting the Constitution, the Framers remembered this. They enshrined within the
Bill of Rights a personal right to keep and bear arms, in order that the populace never be forcibly disarmed to prevent either a militia being raised
or that the populace be left defenseless.