Culture Wars/Current Controversies

S. Carolina senator suggests everyone be made militia member

I could see this becoming a thing. If anti-gun policies get tighter, the pro-gun states could simply say, “Our whole fucking state is a militia! Just like Switzerland.”

By Jeffery Collins, AP News

State Sen. Josh Kimbrell, R-Spartanburg, left, asks questions of Sen. Tom Corbin, R-Travelers Rest, right, during a meeting Tuesday, March 23, 2021, in Columbia, S.C. Corbin has introduced a bill that would make everyone over 17 who can legally own a gun a member of a militia so the federal government couldn’t pass a law to ever their seize guns. (AP Photo/Jeffrey Collins)

COLUMBIA, S.C. (AP) — A South Carolina senator has a proposal to make sure no federal law can ever seize guns — make everyone over 17 who can legally own a gun a member of a militia.

South Carolina’s constitution allows the governor to call up an “unorganized militia” of any “able bodied male citizens” between ages 18 and 45. State Sen. Tom Corbin’s proposal would automatically expand membership to everyone who is over 17 and could own a gun.

Supporters of the bill said if everyone is a member of a militia, then they all fall under the opening clause of the Second Amendment of the U.S. Constitution that starts “A well regulated Militia.” That way a federal law restricting weapons would not apply in South Carolina since almost all residents would be in the unorganized militia.

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  1. “…make everyone over 17 who can legally own a gun a member of a militia.”

    Problem: I believe that when the 2nd Amendment was ratified, the only people denied the RTKBA were:

    1. Slaves. (Problem solved with 13th and 14th Amendments to the U.S. Constitution.

    2. People WHILE they were in jail or prison. (NOT afterward).

    It was only in the early 1930’s when some states denied RTKBA for people with VIOLENT felony convictions, and 1933 (National Firearms Act) for such a denial Federally.

    In short: There is no reason to believe that states should ‘respect’ a prohibition on ‘ex-felons’ in general, violating RTKBA.

    See the 2008 Heller, and 2010 McDonald Supreme Court decisions.

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