School me on militias....

[vitamink]

[video]https://youtu.be/1ofvLg-KbEE[/video]

it gets funnier every time I watch it

 

[david890]

Doesn't Section 32 of the Indiana Constitution render your concern moot in any event? The provision that "Section 32. The people shall have a right to bear arms, for the defense of themselves and the State." does not have any qualifier on age.

That section has no relevance to the definition of a militia. Now, with regard to a militia, we have:
[h=1]10 U.S. Code § 311 - Militia: composition and classes[/h]"(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 members of the National Guard.(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia."

And we have the Indiana Constitution:

• Article 12, Section 1, declares the militia to be "all persons over the age of seventeen (17) years, except those persons who may be exempted by the laws of the United States or of this state".

IANAL, but it would seem Federal law takes precedence, as the Indiana Constitution specifically mentions "laws of the United States". As such, I don't qualify under Federal law and so would not qualify under State law. I can wave my rifle around per Section 32, but that doesn't make me part of any militia.

 

[david890]

Nope. You meet the age requirements...

"Indiana Guard Reserve Qualification: You may apply if you are 18 - 65 years of age, are in good health, ...

Having 3 fused vertebrae in my neck and another 3 in my lower back probably would disqualify me, unless your definition of "good health" is extremely broad...

 

[HoughMade]

...IANAL, but it would seem Federal law takes precedence...

I do not see federal preemption applying in this case.

 

[david890]

Every terrible implement of the soldier includes any and all weapons commonly carried by individual soldiers. Not necessarily strategic weapons deployed by armies or nations.

So, if an individual soldier can carry it, that implement is not subject to disarmament?

What about this? Carried individually, but not "commonly". Who, then, makes that determination, and how is that determination fundamentally different from that of a CA law or SCOTUS ruling that regulates a "weapon"?

 

[david890]

I do not see federal preemption applying in this case.

10 USC 311 is the law of the land, including Indiana. That law limits age to 45 or under. Indiana's Constitution, Section 12, states "exempted by the laws of the United States". Therefore, no one over 45 per Section 12.

 

[HoughMade]

10 USC 311 is the law of the land, including Indiana. That law limits age to 45 or under. Indiana's Constitution, Section 12, states "exempted by the laws of the United States". Therefore, no one over 45 per Section 12.

1. There is no reason thet the U.S. and states can not define militias differently. They each can have their own militia.
2. An "exemption" is generally something a person may claim, but does not exclude them ab initio.

 

[Libertarian01]

I didn't see it written anywhere specifically, but I do believe that any legitimately recognized "militia" would have a chain of command with the Governor of the State at the top of that command. This would apply even to the "unregulated" portion of the militia.

For without a clear delineated chain of command for the militia it becomes a gang of thugs, maybe a well intentioned gang of thugs, but a gang nonetheless. Otherwise, the Crips and the Bloods could declare themselves a "militia" simply protecting their neighborhoods.

Regards,

Doug

 

[OakRiver]

That section has no relevance to the definition of a militia. Now, with regard to a militia, we have:
10 U.S. Code § 311 - Militia: composition and classes

"(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 members of the National Guard.(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia."

And we have the Indiana Constitution:

• Article 12, Section 1, declares the militia to be "all persons over the age of seventeen (17) years, except those persons who may be exempted by the laws of the United States or of this state".

IANAL, but it would seem Federal law takes precedence, as the Indiana Constitution specifically mentions "laws of the United States". As such, I don't qualify under Federal law and so would not qualify under State law. I can wave my rifle around per Section 32, but that doesn't make me part of any militia.

- The Federal and State definitions of militia may vary
- Regardless, age does not prohibit you from bearing arms

 

[IndyDave1776]

What I have learned from this thread...I believe I know Hillary Clinton's INGO user name.

 

[jbombelli]

That section has no relevance to the definition of a militia. Now, with regard to a militia, we have:
[h=1]10 U.S. Code § 311 - Militia: composition and classes[/h]"(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 members of the National Guard.(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia."

And we have the Indiana Constitution:

• Article 12, Section 1, declares the militia to be "all persons over the age of seventeen (17) years, except those persons who may be exempted by the laws of the United States or of this state".

IANAL, but it would seem Federal law takes precedence, as the Indiana Constitution specifically mentions "laws of the United States". As such, I don't qualify under Federal law and so would not qualify under State law. I can wave my rifle around per Section 32, but that doesn't make me part of any militia.

Federal law does not take precedence over Indiana law when it comes to the Indiana Militia. The Indiana Militia is not the Militia of the United States. Now if you can find a binding court case that says federal law trumps Indiana law in re Indiana's militia, feel free to post it.

But hey... keep arguing against people who know more than you do on this topic if it makes you feel better.

 

[2A_Tom]

I wonder if he has a pass to allow him to carry on federal property.

 

[miguel]

I wonder if he has a pass to allow him to carry on federal property.

It's OK, he's Hillary's nephew.

 

[2A_Tom]

Let us be kind.

 

[MarkC]

I wonder if he has a pass to allow him to carry on federal property.

Excellent call back, just excellent... I wonder how many of us will get that one?

 

[3gunshooter]

What is a militia?

a group of people with lots of digicam clothes, chest rigs and guns that run around the woods on weekends. Membership is composed of mostly unemployed/under employed, overweight white guys and undercover law enforcement agents.

I spent 2 years in as a region XO in a Oklahoma militia. I didn't see much of what you mentioned. We have doctors, lawyers, paramedics, police officers, prior service and just regular people of various races and ethnic groups.

 

[BADWOLF]

I spent 2 years in as a region XO in a Oklahoma militia. I didn't see much of what you mentioned. We have doctors, lawyers, paramedics, police officers, prior service and just regular people of various races and ethnic groups.

Thank You..... Sigh