Legal Question in Constitutional Law in California

The Constitution makes several references to the Militia and its role in the nation's defense. The 2nd Amendment makes it clear that you cannot prevent gun ownership, so that an armed Militia will always be at the ready. Now that the Militia is an anachronism, the 2nd Amendment has evolved to now only be about private gun ownership, regardless of if it's for the Militia or not. But Article 1, Section 8, Paragraph 16 states that it's up to the government to organize, arm and disciple the Militia. Can one not suggest that the authority granted therein has also evolved from regulating the Militia to regulating private gun ownership? Or is my question full of errors in the first place?


Asked on 8/11/14, 10:00 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

While your question may be interesting, it is not appropriate for this site. We answer questions about actual legal issues people have. I suggest you join Quora and post your question there. That is a great forum for your kind of question.

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Answered on 8/11/14, 10:04 am


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