#24

In reference to the new Bill of Rights, the Federal Gazette on
June 18, 1789 explained that by (James) Madison's draft "the people
are confirmed by the next article in the right to keep and bear
their private arms." Madison then wrote the author of the article with
his thanks, and noted that the article had been reprinted in all the
newspapers in the capital.

   a. By act of Congress, all able-bodied males over age 17 (with some
exceptions) both citizens and non-citizens who have declared their intent to
become citizens, are members of the Militia.  (Militia Act of 1903, as
amended in 1956 by Title 10, US Code, Seection 311)

   b. National policy, embodied in Federal law, encourages civilian
training with firearms, _including current military types_. (Title 10, US
Code, Section 4308 requires the Secretary of the Army to provide for
"instruction of able-bodied citizens in marksmanship" and "the promotion
of practice in the use of rifled arms.")

   c. The US Supreme Court, speaking of citizen Militia responsibilities
has said that "the states cannot...prohibit the people from keeping
and bearing arms, so as to deprive the United States of their rightful
resource for maintaining the public security, and disable the people
from performing their duty to the general government."
(Presser v. Illinois, 116 U.S. 252 [1886])

   d. The Supreme Court has also discussed Militia responsibilities and
has made reference to the implication of a "general obligation of all adult
male inhabitants to possess arms" and ammunition.  It noted that
"ordinarily when called to service these men were expected to appear
bearing arms _supplied by themselves and of the kind in common use at the
time_" - which would include modern military-type weapons, including
semiautomatic pistols, carbines, rifles and assault rifles.
(United States v. Miller et al, 307 U.S. 174 [1939])

   e. The Department of Defense has officially stated: "It is DoD
policy to encourage actively and support civilian rifle and pistol
marksmanship training as an important element of national defense."
(Dept. of Defense Directive 1025.1 [31 January 1984])


 Please note that most of the above has taken place in THIS century, not in
the 1700's. Also note the last, which shows the DoD's support of the
"civilian...as an important element of national defense."

(Thanks to Doug Burnham for gathering this information, and to his
 source, Lt. Col. (ret) Fielding Greaves).            -Mike-

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