This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
2nd Amendment Right To Form A Militia In California
Category:
State:
Multi-State
Control #:
US-000298
Format:
Word;
Rich Text
Instant download
This website is not affiliated with any governmental entity
Public form
Description
Form popularity
FAQ
Nevertheless, the threat from unlawful private militias — which are not protected by the U.S. Constitution and are prohibited in all 50 states — endures.
The Second Amendment comprises just a single sentence that allows for considerable interpretation. Enacted in 1789 alongside nine other amendments collectively known as the Bill of Rights, it prohibits the government from infringing upon a "well-regulated Militia."
In a landmark Supreme Court decision in 2008, District of Columbia v. Heller asserted that the Second Amendment protected the right of all individual citizens to keep and bear their own weapons to defend themselves, instead of only being for a state-run militia. Two years later, the Supreme Court ruled in McDonald v.
Age Limitations: The right to bear arms is limited to individuals who are at least 18 years of age for long guns and 21 years of age for handguns. Federal law prohibits the sale of firearms to individuals under these age limits, and many states have enacted similar restrictions.
However, U.S. Supreme Court decisions of Heller (2008) and McDonald (2010) established that the Second Amendment applies to all states within the Union, and many of California's gun laws are now being challenged in the federal courts.
At 624–25 (quoting United States v. Miller, 307 U.S. 174, 179 (1939)) (“We therefore read Miller to say only that the Second Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes, such as short-barreled shotguns.”); see also Caetano v.
The current United States Code, Title 10 (Armed forces), section 246 (Militia: Composition and Classes), paragraph (a) states: "The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made ...
ArtI. S8. C15. 1 Congress's Power to Call Militias The Congress shall have Power . . . To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; . . .
California is one of the few states that has an active militia in both ground and naval units, with advanced weapons training.
More info
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Does the Second Amendment protect private militias?No. In fact, the Supreme Court decided in 1886—and repeated in 2008—that the Second Amendment "does not. "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed. "Shall not be infringed" states that the government cannot take away a person's right to keep and bear firearms. In District of Columbia v. More in The Constitution. But in the meantime, why not have California create "a wellregulated militia" in line with the Second Amendment? Membership in the California State Militia, 2nd Infantry Regiment is open to all citizens regardless of race, sex, religion, or political affiliation.