2nd Amendment Right To Form A Militia In Contra Costa

State:
Multi-State
County:
Contra Costa
Control #:
US-000298
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Word; 
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Description

This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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FAQ

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.

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."

A “well-regulated” militia simply meant that the processes for activating, training, and deploying the militia in official service should be efficient and orderly, and that the militia itself should be capable of competently executing battlefield operations.

Page 2. What is a militia? At the time of the American Revolutionary War, militias were groups of able-bodied men who protected their towns, colonies, and eventually states. "When the Constitution was drafted, the militia was a state-based institution," says Rakove. "States were responsible for organizing this."

The Second Amendment was written to protect Americans' right to establish militias to defend themselves, not to allow individual Americans to own guns; consequently, gun-control measures do not violate the U.S. Constitution.

A “well-regulated” militia simply meant that the processes for activating, training, and deploying the militia in official service should be efficient and orderly, and that the militia itself should be capable of competently executing battlefield operations.

(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 ...

A “well-regulated” militia simply meant that the processes for activating, training, and deploying the militia in official service should be efficient and orderly, and that the militia itself should be capable of competently executing battlefield operations.

Security in this sense means "safekeeping, defense, and protection." Infringed simply means "to trespass or violate"; in this case, the right of the people to keep and bear arms shall not be violated.

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2nd Amendment Right To Form A Militia In Contra Costa