(Untitled)

Nov 03, 2010 23:38

I'm curious what you think.

https://www.revisor.mn.gov/statutes/?id=624.61&year=2010

Constitutional, or not?

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Comments 5

eddo42 November 5 2010, 02:20:34 UTC
I'm hardly a lawyer, but possibly. On the other hand, by explicity limiting the statute to "military company" it seems easily circumventable.

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jplaj November 5 2010, 02:51:53 UTC
See, the thing that raises my eyebrows is the second amendment saying, "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."

Grammatically speaking, the meat and potatoes of this sentence is "The right of the people shall not be infringed." Granted, this amendment has been interpreted to the extremes, but it seems counterintuitive that this would imply the rights of militias to keep and bear arms may be infringed.

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eddo42 November 5 2010, 03:27:02 UTC
I would counter that "well regulated" would come into play in an argument about this particular statute, since it seems to target ad hoc congregations of rednecks from being able to claim the same rights and priveleges as established organizations, like, say, the Red Cross.

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jplaj November 5 2010, 03:53:58 UTC
The Red Cross is considered a militia?

And I'd like to point out that the Michigan Militia is pretty much just a congregation of rednecks.

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