That’s great, being lectured on 2A by a gun-grabber who thinks he’s found a “Gotcha!”
Except the National Guard is not that militia. Never was.
As the Subcommittee on the Constitution of the United States Senate Ninety-Seventh Congress observed:
These commentators contend instead that the amendment’s preamble regarding the necessity of a “well regulated militia… to a free state” means that the right to keep and bear arms applies only to a National Guard. Such a reading fails to note that the Framers used the term “militia” to relate to every citizen capable of bearing arms, and that Congress has established the present National Guard under its power to raise armies, expressly stating that it was not doing so under its power to organize and arm the militia.
He’s just counting on younger people not remembering the old lies.
[Via WiscoDave]
“One more time again!” — Justin Wilson
10 U.S. Code § 246 – 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 14, § 311; Pub. L. 85–861, § 1(7), Sept. 2, 1958, 72 Stat. 1439; Pub. L. 103–160, div. A, title V, § 524(a), Nov. 30, 1993, 107 Stat. 1656; renumbered § 246, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
I’m not a lawyer, just a retired telephone man. Nor do I play one on television. So I shouldn’t have to keep quoting federal law that specifies what the militia is, and what it isn’t, especially to a (former) federal official.
So in essence, per federal law, the National Guard is part of the militia of the United States. But not only is it only a part, it isn’t even the biggest part.
I suspect that Mr. Kinzinger is guilty, at best, of a well advanced case of wilful ignorance.
Nah, he’s just a chronic and habitual liar.
Any “American” who flies both Ole Glory and another countries flag, I can’t take seriously, no matter the issue at hand.