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2nd Amendment Right To Form A Militia In Hillsborough
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Multi-State
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Hillsborough
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US-000298
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(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 ...
The text of the amendment, which refers to a “well regulated Militia,” suggests as much. As the Supreme Court correctly noted in District of Columbia v. Heller (2008), the militia of the founding era was the body of ordinary citizens capable of taking up arms to defend the nation.
Heller (2008), the militia of the founding era was the body of ordinary citizens capable of taking up arms to defend the nation. While the Founders sought to protect the citizenry from being disarmed entirely, they did not wish to prevent government from adopting reasonable regulations of guns and gun owners.
Here is George Mason's quote in full, as recorded in the transcripts of the Virginia Ratifying Convention: “I ask, Who are the militia? They consist now of the whole people, except a few public officers. But I cannot say who will be the militia of the future day.
The Second U.S. Congress passed the Militia Act of 1792 in May of that year, less than five months after the Second Amendment was officially ratified. This law gives Congress the power to call up the militia, then defines what the militia actually is, in that order.