Tuesday, March 18, 2008

Keller vs. DC case heard today.

I am always amazed that noone uses the militia argument for gun rights. Title 10, Section 311 makes all men between 17 and 45 members of the unorganized militia. Former officers retain membership in the militia until age 65.

Should militia membership be extended to women? Of course! But until the legislature gets it right, the right to keep and bear for members of the militia is very widely drawn.

In like manner, firearms that use military calibers should have special protection. That means that any regulation of weapons in military caliber should receive 'strict scrutiny' from the courts. That would include .38Special, .45Colt, .45ACP, and rifle cartriges in .30/40 Krag, .30/06, 7.62X51, 12 gauge, 12.7X99 (aka .50BMG), and 5.56X45.

Also we should keep in mind for future cases, the 14th Amendment extends Federal rights to citizens of the states, even against the states. And privately owned crew served weapons are protected, as they would be necessary if Congress was to use its power to grant Letters of Marque and Reprisal.

Thanks to the 'Bitch Girls' for an opportunity to comment. http://www.thebitchgirls.us/?p=7991#comment-51685

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