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2nd Amendment Right To Form A Militia In Minnesota
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US-000298
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A militia (/mɪˈlɪʃə/ mil-ISH-ə) is a military or paramilitary force that comprises civilian members, as opposed to a professional standing army of regular, full-time military personnel.
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.
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."
Amendment Two to the Constitution was ratified on December 15, 1791. It protects the right for Americans to possess weapons for the protection of themselves, their rights, and their property.
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; . . .
Pursuant to recent US Supreme Court precedent, the Second Amendment protects an individual's right to possess a usable handgun in the home for self-defense. This protection does not cover felons, the mentally ill, firearm possession near schools and government buildings, or the commercial sale of firearms.
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.
Nevertheless, the threat from unlawful private militias — which are not protected by the U.S. Constitution and are prohibited in all 50 states — endures.
The current United States Code, Title 10 (Armed forces), section 246 (Militia: Composition and Classes), paragraph (a) states: "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 ...