In the interpretation of some gun control organizations, if you are not a member of the militia, you don't have the right to bear arms. But who is a member of the militia?
The state codes generally have a military section. Many moons ago, a research assignment had me go through the NY State military code. Art I Sec 2.2 states:
The unorganized militia shall consist of all able-bodied male residents of the state between the ages of seventeen and forty-five who are not serving in any force of the organized militia or who are not on the state reserve list or the state retired list and who are or who have declared their intention to become citizens of the United States, subject, however, to such exemptions from military duty as are created by the laws of the United States.
Now compare and contrast with the text of the 2nd amendment:
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.
By the NY State military code, women who are not in the organized militia (they're covered separately), are not in the militia at all and you can make the argument under that interpretation that they have no right to bear arms.
I would love to see somebody try to enforce that interpretation. I really would. Then again, I'd also love to see somebody try to revoke all gun NY gun permits where the holder is older than 45.
Other states have better language. Indiana Code IC 10-16-6-1 states:
Sec. 1. Under Article 12, Section 1 of the Constitution of the State of Indiana, the militia consists of all persons who are at least eighteen (18) years of age except those persons who are exempted by the laws of the United States or of Indiana.
Who would have thought that in a comparison of NY State and Indiana that NY's military code would be the more sexist and ageist of the two?
Posted by TMLutas at February 7, 2004 09:59 PM