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Old 09-05-2019, 09:38 PM
Abatis is offline
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Join Date: Apr 2011
Location: Upper Bucks County, PA.
Posts: 322
Quote:
Originally Posted by Little Nemo View Post
If the purpose of the second amendment is to support a militia, do people who are unable to serve in a militia (like disabled people) have the right to keep and bear arms?
Yes, as long as they are not subject to some imposed dispossession after due process.

Quote:
Originally Posted by Little Nemo View Post
Are weapons that aren't useful for militia use covered by the second amendment?
There is a long historical standard of prohibiting the possession and use of weapons that are "dangerous and unusual". Arms that were only used by ruffians and not useful in warfare can be restricted. This is a two pronged test, the arm must be dangerous to the peace and safety of the public AND not usual in civilized warfare.

This has been set-down in US law by SCOTUS that arms that can be shown to be part of the ordinary military equipment and of a type that's use could contribute to the common defense and/or, are in common use by the citizens (at the time of the Court's inspection) are protected by the 2nd Amendment. This has been the protection criteria since US v Miller (1939) and it was re-affirmed in Heller (2008).

Quote:
Originally Posted by Little Nemo View Post
If the government decides that it has enough people to man the militia as needed, can it tell the rest of the people that they can't own a gun?
No, the right to posses and use a gun is not dependent on any attachment or association with the militia.

Quote:
Originally Posted by Little Nemo View Post
Can a person opt out of militia service and if they do so, do they forfeit their right to own a gun?
States had penalties for refusing to serve and some states allowed you to pay someone to serve in your stead, but gun dispossession was never part of it.

Quote:
Originally Posted by Little Nemo View Post
Can the government store weapons at some central location and then issue them as needed when the militia is activated?
Sure. Militia companies were ordered to take a "return of militia" that recorded type of gun and caliber. Militia members were required to supply a small amount of ammo (the powder, balls, patches, flints, cartridges, etc, whatever their particular gun required) The militia company would know then, how many of each gun would be mustering and have on hand enough of those supplies to keep all the guns of the company in operational order and condition. Knowing that not all members would have "provided themselves" with an appropriate gun, it would be expected that some guns would be kept in that same storage.

Quote:
Originally Posted by Little Nemo View Post
Can the government require people to store their militia weapons at home when they're not using them for militia service?
Since men who didn't own a gun were required to "provide themselves" with one, and then they were required to muster with it and the accouterments also required, I think it would be a good bet that they would be keeping their militia arms at home.

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