quote:
I have never been notified of my enrollmet into the militia of the bounds within which I reside. Does that mean I'm not a member of the Militia?

What state are you in? You are probably in the unorganized militia, congratulations.

Louisiana Law

§3. Militia

A. All able-bodied persons between the ages of seventeen and sixty-four residing in this state and who are not exempt by the laws of the United States of America or of this state constitute the militia of Louisiana and are subject to military duty.

B. The militia is divided into two classes, the organized militia and the unorganized militia.

(1) The organized militia consists of the national guard, the Louisiana State Guard and other organized military forces which may be authorized by law.

(2) The unorganized militia consists of all other persons subject to military duty.

Acts 1974, No. 622, §1.

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Posted by WildTchoupitoulas

Member since Jan 2010

44071 posts

Posted on 5/30/14 at 7:34 pm to OleWar

Sweet!

Thanks, OW, I was unaware of the "unorganized militia".

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Posted by Antonio Moss

The South

Member since Mar 2006

49400 posts

Posted on 5/30/14 at 7:40 pm to WildTchoupitoulas

The Militia Act of 1792 backs the argument that the 2nd Amendment is universal and individual in nature as the act conscripts all able bodied males into service of the militia. The Act was passed in order for the Commandeer in Chief to have records of all soldiers present in case militias were called to war.

The Militia Act of 1903 reorganized the Militia into two separate entities: the organized militia which is the national guard and the unorganized militia which is every male citizen.

So the Second Amendment grants to all citizens the right to bear arms because the unorganized militia is necessary to secure and ensure a free state.

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Posted by WildTchoupitoulas

Member since Jan 2010

44071 posts

Posted on 5/30/14 at 7:59 pm to Antonio Moss

quote:
So the Second Amendment grants to all citizens the right to bear arms because the unorganized militia is necessary to secure and ensure a free state.

But, curiously, the 1792 act, which is much closer in time to the USC and BOR, seems to have a much different view of how the militia is organized - indeed, it IS organized - and disciplined AND regulated. So if we're going to consider the intent of the Founders, the Guard (along with Registration) seems to be much more of what they had in mind.

I feel secure in my right with regard to the state constitution, but Nullification doesn't exactly have a strong history in the US.

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