MCRGO E'News
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MICHIGAN COALITION FOR
RESPONSIBLE GUN OWNERS
"Promoting safe use and ownership of firearms through
education, litigation, and legislation"
MCRGO MONDAY E'NEWS
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What is a "Well Regulated Militia," Anyway?
Source: Reason Magazine, December 2019 issue
"Gun control advocates love to hate District of Columbia v. Heller, the 2008 case
in which the Supreme Court recognized that the Second Amendment protects an individual
right to arms. They may be protesting too much. Federal courts in the decade since
have found many restrictions on the right to own and use weapons perfectly congruent
with that decision. Heller merely says the government can't enforce laws that prevent
(most) Americans from possessing commonly used weapons in their homes for self-defense.
Courts have found that Heller does not preclude laws that prohibit anyone younger
than 21 from buying guns in retail stores; laws that bar people who committed a
single nonviolent felony from ever owning a gun; laws that severely restrict the
ability to carry a gun outside the home; laws that ban commonly owned magazines
of a certain capacity; or laws that require handguns to incorporate untested, expensive,
and unreliable "microstamping" technology. The Supreme Court so far has avoided
taking up any of those questions.
Still, many activists and legal scholars, along with at least two of the Supreme
Court justices who dissented in Heller, believe the Second Amendment, properly
construed, never guaranteed an individual right at all, or at least not one related
to personal self-defense in the home.
Their argument is based on that amendment's reference to "a well regulated militia,"
which they define as a military force organized and supervised by the government.
Outside a well-regulated militia, they suggest, the Second Amendment has no practical
effect a lawmaker need respect. Some gun control advocates also argue that the descriptor
well regulated implies that the government has wide latitude to decide who may have
which weapons under what circumstances. But as the Supreme Court correctly concluded
in Heller, these arguments are inconsistent with the text and context of the Second
Amendment."
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