By Defensive Handgun | March 22, 2010 at 05:02 PM EDT |
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The Second Amendment of the United States Constitution states: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Anti-gun rights entities claim the Second Amendment is a collective right of the state militia and not an individual right. They believe the militia is the National Guard of each state - thus the right to bear arms applies only to the National Guard and is granted only to these organizations through the Second Amendment. However, U.S. Code, Title 10, Subtitle A, Part I, Chapter 13, Section 311, "Militia: Composition and Classes" clearly defines militia as:
(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.
Therefore, through this Title of the U.S. Code, everyone is a member of the "unorganized militia." Thus reinforcing the fact that the Second Amendment is an Individual Right!