Monday, August 12, 2019

What does the CONUS say about guns?

9:00 am:

For the purposes of this post, the CONUS means Constitution of the United States.

Article I, Section 8, paragraph 15 or so:

To provide for organizing, arming, and disciplining the Militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the Officers, and the authority for training the Militia according to the discipline prescribed by Congress;

Therefore, the Congress provides for the Militia, governs it through its rules for discipline, and delegates authority to the states to appoint the officers that will administer such discipline.

Also, you have the Second Amendment, which stipulates that the right of the people to keep and bear arms shall not be infringed.

It seems that somewhere in there is a way to regulate those who will keep and bear arms.  That may be the liberal rationale for gun-control, but the rhetoric is aimed toward the possession of arms, which is contrary to the Second Amendment.

See the difference?  The CONUS regulates militias, not arms, nor does it have the authority to regulate who will be allowed to keep them.

It would be nice if our government would actually follow the CONUS, since it is the law of the land.

Daily Update:

11:20 am:

So what does the US Code say about the Militia?

According to 10 US Code 246:

source

It seems that the organized militia is already er... organized.

What about the "unorganized militia"?

What about gun-control in this context?

At this point, you'd have to look at the gun-control that already exists.  Without the context of the militia, gun-control would be unlawful.

You could sweep all people who own military-grade weapons who are not in the organized militia into a regime in which they would have to submit to some kind of military discipline.

If they are unarmed, they would be exempt.  Handguns would be exempt.  Single action weapons of all kinds would be exempt.

The only regulation is to determine what weapons are of military-grade.  That would be the dividing point between the unregulated and the regulated militias.  People who owned military-grade weapons would be deemed a part of the unorganized militia subject to military discipline.

By the way, all of this could be done already under current law.  What the Democrats and the gun-grabbers are attempting is to nationalize the issue.

Would any of this stop mass shootings?  No.  In order to do that, there would have to be a regulation of gun-free zones.

No bad guy is going to respect a sign on the door that says "no guns allowed".

The above is not to be construed as a policy that I approve of.  However, it may well be in accordance with the CONUS.



No comments: