At 624–25 (quoting United States v. Miller, 307 U.S. 174, 179 (1939)) (“We therefore read Miller to say only that the Second Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes, such as short-barreled shotguns.”); see also Caetano v.
Article I, Section 8, Clause 15: The Congress shall have Power . . . To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; . . . Houston v.
The Second Amendment comprises just a single sentence that allows for considerable interpretation. Enacted in 1789 alongside nine other amendments collectively known as the Bill of Rights, it prohibits the government from infringing upon a "well-regulated Militia."
Congress passed the Militia Act of 1795, which by and large mirrored the provisions of the expired 1792 act but made the president's authority to call out the militias permanent. The Militia Act of 1808 provided funding for arms and equipment to state militias.
Although a patchwork of laws in all 50 states prohibits paramilitary activity, there is no comprehensive federal statute banning unauthorized private militias, penalizing individuals for engaging in paramilitary activity, or providing a mechanism for civil enforcement to enjoin unlawful activity.
California Constitution: The California Constitution forbids private military units from operating outside state authority, providing that “the military is subordinate to civil power.” Cal. Const. art. I, § 5.
Legal legitimacy Most militia organizations envisage themselves as legally legitimate organizations, despite the fact that all 50 states prohibit private paramilitary activity.
(Source: Illinois Constitution.) SECTION 12. RIGHT TO REMEDY AND JUSTICE Every person shall find a certain remedy in the laws for all injuries and wrongs which he receives to his person, privacy, property or reputation. He shall obtain justice by law, freely, completely, and promptly.
Age Limitations: The right to bear arms is limited to individuals who are at least 18 years of age for long guns and 21 years of age for handguns. Federal law prohibits the sale of firearms to individuals under these age limits, and many states have enacted similar restrictions.
The Supreme Court shall assign judges to the various divisions. The presiding judge of a division shall designate judges serving in that division to sit in panels of three. Such a three-judge panel shall constitute the division for purposes of rendering a decision in a case.