The 2nd Amendment Part One: The Militia

The Revolutionary War was fought over government oppression, specifically “excessive taxation”. The founders made sure the legacy of freedom they fought and bled for would be protected by placing restrictions on government through Constitutional restraints. The founders, in their uncanny wisdom, also gave us a backup plan for defending freedom if government, or reason, failed to protect the rights of individuals. They gave us the 2nd Amendment.

That said, the famous “Shot Heard Around the World” happened when colonists converged on the British army to stop them from confiscating private arms from homes setting off the battles of Lexington and Concord—the beginning of the Revolutionary War.

In the minds of many Americans, the Second Amendment may just be the most important constitutionally protected right of all since it serves to safeguard all other rights.

The truth behind the 2nd Amendment is often ignored or misunderstood and therefore gets misrepresented in the debates. One common error is the militia argument. What one needs to understand about the “militia” is that there are different categories of militia.

The militia according to Federal statutes in section 311 of US Code Title 10, entitled, "Militia” states: composition and classes" in its entirety:

"(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."

*Source “We the Unorganized Militia” by Randy E. Barnett. This is a great read on the utility and relevance of the militia in today’s society.

Given this knowledge any interpretation of the “militia” being only members of the military is an illogical and erroneous conclusion.