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2nd Amendment Right To Form A Militia In Massachusetts
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US-000298
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Paragraph (b) further states, "The classes of the militia are: (1) the organized militia, which consists of the National Guard and the Naval Militia; and (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia."
“The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.” Commonwealth v. Davis, 369 Mass.
A “well-regulated” militia simply meant that the processes for activating, training, and deploying the militia in official service should be efficient and orderly, and that the militia itself should be capable of competently executing battlefield operations.
Although a patchwork of laws in all 50 states prohibits paramilitary activity, there is no comprehensive federal statute banning unauthorized private militias, penalizing individuals for engaging in paramilitary activity, or providing a mechanism for civil enforcement to enjoin unlawful activity.
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."
So, you must carry a shotgun across Boston Common, but don't you dare play the fiddle, which is illegal in Boston (Nero would not be welcome in this city). On Sundays, you may engage in a “duel to the death on the common,” as long as the governor is there (there was no mention of dueling on other days of the week).
Is it legal to act as a private militia in Massachusetts? No. All 50 states prohibit private, unauthorized militias and military units from engaging in activities reserved for the state militia, including law enforcement activities.
The Congress shall have Power To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia ing to ...
California Constitution: The California Constitution forbids private military units from operating outside state authority, providing that “the military is subordinate to civil power.” Cal. Const. art. I, § 5.
California Constitution: The California Constitution forbids private military units from operating outside state authority, providing that “the military is subordinate to civil power.” Cal. Const. art. I, § 5.