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by User23 1494 days ago
Every able-bodied American male 17 or older and under 45 is already a member of a well-regulated militia[1]. Now you may think Congress should ask more of the militia of the United States, but being a statutory organization certainly meets the well-regulated criteria.

[1] https://www.law.cornell.edu/uscode/text/10/246

2 comments

The statute calls them unorganized, which is arguably not well regulated...

"(2)the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia."

Regulated in the constitution did not mean controlled or restricted as in 'regulations'. It meant armed and capable.
Private gun-owning citizens are not automatically counted among active unorganized militia.

Even in the few active state militia they would be considered eligible, not members.

SCOTUS has had contradictory decisions in the past on whether private gun rights hinge on military applications of the specific firearms, but indeed this is the talking point - state militias.

Collectively, the people who parrot "Shall Not Be Infringed" are really trying to avoid the militia debate entirely.