imported post
Washintonian_For_Liberty wrote:
SNIP Applies to civilians and State equally. This was the gist of the majority opinion.
No offense, but I don't see this at all, if you are referring to militia.
Militia, to my knowledge, has always formed under state authority. Otherwise, they're just citizens going about life. I've never heard of a state law authorizing citizens to form their own militias. I have heard of several state laws where the militia is defined as, for example, all able bodied men ages 18-54.
I've never heard anything about citizens just up and forming their own paramilitary organizations outside of state control meeting the legal definition of militia.
In fact I've come across a few states where such, if they engage in military training, are clearly recognized as private armies and illegal.
It sounds to me like the so-called militias havetakenthe term out of context. If they really wanted an activegenuine militia, they could just get enough people to petition the governor for regular drill periods. Maybe they are just insurrectionists-in-waiting using the term militia, I don't know.
But they definitely are not the classic meaning of militia as I understand it. In fact, I think the main point is the definition of the word. Militia refers to all citizens in the state in the pool defined by the law, or whichever group of them has been called up by the government. There is no provision for a segment of self-called citizens to designate themselves as
a militia. I've always seen the word in the context of
the militia.
Its one thing to declare a right to organize from self-protection against a tyrannical government. Its something else to call it legal. Such would, by definition, be illegal. Morally right, maybe. But not legal in as much as defining what is legal would still belong toatyrannical government.
Even at Lexington and Concord, while it was colonial militia members who engaged Gen. Gage, they were not acting as militia constituted by the Crown. They were insurrectionists whojust also happened to bemembers of the colonial militia by virtue of being able-bodied, male, andwithin the age bracket. Plenty of Loyalist militia (able bodied male subjects in the defined age bracket) likely didn't come out to participate in the festivities.
Which part or parts of
Heller did you see as authorizing forming of private armies/battalions/companies? Can you please show me the paragraphs or sentences?