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2nd Amendment Right To Form A Militia In Riverside
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Multi-State
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Riverside
Control #:
US-000298
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FAQ
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 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."
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 unorganized militia consists of all persons liable to service in the militia, but not members of the National Guard, the State Guard, or the Naval Militia. (Amended by Stats. 2020, Ch.
Is it legal to act as a private militia in California? No.
In a landmark Supreme Court decision in 2008, District of Columbia v. Heller asserted that the Second Amendment protected the right of all individual citizens to keep and bear their own weapons to defend themselves, instead of only being for a state-run militia. Two years later, the Supreme Court ruled in McDonald v.
Strictly defined, militias are unauthorized, armed private paramilitary groups that present a threat to public safety—furthermore, it is unlawful (nor is it protected by the Second Amendment) in all 50 states to form such coordinated groups.