Last Updated on February 23, 2022 by Constitutional Militia
2nd Main Provision of the Militia Structure: Near universal armament.
The Militia were armed systematically according to statute, not randomly and voluntarily. Guns were obtained in the free market. In every Militia statute, the individual is to obtain a firearm by buying it for himself. The modern day notion that the Second Amendment amounts to merely an individual “gun right” for personal self-defense or hunting has no basis in fact or in law in any Militia statute, of which there are hundreds that span the course of over 150 years. While self-defense is important it is an individual choice. Community self-defense, which is “necessary to the security of a free State” (Second Amendment) requires a collective effort of the vast amount of inhabitants properly organized, armed, and trained pursuant to statute, so that they can effectively provide themselves with security. In this way THE PEOPLE through their Militia structure can provide themselves with security from any and all threats taking advantage of the strength and variety of skill sets in their numbers. When a function of the local Militia Structure proves to be ineffective—THE PEOPLE themselves—would better regulate (e.g., “a well regulated Militia”) their structure by updating their Militia statute to make them effective. As State government institutions the Militia would be immune from all contemporary forms of “gun control”. Militia Structures are largely outside the jurisdiction of Congress.
As technology advances, so do the armaments available in the free market. By properly regulating their Militia, THE PEOPLE would always be in possession of the most contemporary arms and accoutrements available. As a standard Militia principle, the average Militiaman is to be armed as well as the contemporary infantryman serving in the military. Why? Because in the extreme case, THE PEOPLE may encounter a “standing army”, which was the Founders experience. At all other times the Militia would provide themselves with security every day of the year by influencing and enforcing constitutional principles with full legal authority.