• afraid_of_zombies@lemmy.world
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    10 months ago

    it does exist and you are a part of it from ages 17 to 55 or so.

    Wait a minute. Are you saying that there is an age and gender restriction on a civil right? Males have a constitutional protection that women do not have and the young have one the elderly do not? That’s very interesting. Does it apply to any other rights?

    • Rivalarrival@lemmy.today
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      10 months ago

      No.

      The age and gender requirements come from the legislature, not the Constitution. Constitutionally, the militia is everyone. If militia membership is required for gun ownership under the 2nd Amendment, we have to use the Constitutional meaning of “militia” which is everyone.

      Legislatively, the militia is defined in 10 USC § 246, the unorganized class of which is comprised of all able-bodied male citizens and those who intend to become citizens, aged 17 to 45.

      Congress can change the legislative definition. They cannot alter the constitutional meaning.