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April 26, 2006
Militias, DC, and Supreme Challenges

I was catching up on the most recent cases in DC that are being used to challenge the non individual rights interpretation of the Second Amendment. The usual modus operandi on these cases is that they get filed and a district court relies on the last 50 years of judges intentionally misreading US v. Miller to then find that a plaintiff has no standing. In both Seegars v. Gonzalez and Parker v. District of Columbia the judges point out that no one claimed to be a member of the Militia which allowed both judges to not really look into what it might mean if these people were members of the militia.

The funny thing is that the men in both cases are members of the militia. In US Code Title 10, Chapter 13, § 311. Militia: composition and classes, reads in part:

The militia of the United States consists of all able-bodied males at least 17 years of age and... under 45 years of age who are... citizens of the United States.... The classes of the militia are ... the unorganized militia, which consists of the members of the militia who are not members of the National Guard...

Most every male plaintiff is between the ages of 17 and 45 and is thus a member of the unorganized militia. It is up to the plaintiffs to point this out and it is one of those items that puts the collective rights model in pretzels when you try to defend it faced with a Federal statement from Congress that the person in front of the court is a member of the militia.

As to the DC cases, Seegars was denied Cert. by the Supreme Court, but Roberts had to recuse himself as he was on the En Banc DC Circuit panel for that case. Parker is moving forward and is a case with much better facts and current disposition.

Posted by hoffmang | April 26, 2006 12:38 AM


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