via e-mail

20 Dec. 2005

K. L. Jamison

Dear Sirs:

In the 17 December, 2005 edition a letter writer advocates adopting, and increasing, the failed gun restrictions of Washington D.C. He excuses this course by claiming that the clause in the Second Amendment “the right of the people to keep and bear arms shall not be infringed.” Is really just an absolute Constitutional right to joint the National Guard. This would be a peculiar sort of right, rather oddly expressed. It is more likely that when the Founders said “right of the people”, they meant an individual right, as they did in every other part of the Constitution where the phrase appears. In this way they intended to form a “well regulated militia”; which is defined today in 10 U.S. Code section 311 to include the “organized” militia, the National Guard and Reserve, and the “unorganized” militia, which is everyone else. Missouri has a similar statute at RSMo 41.050.

Rather than an absolute right to join the National Guard, the Second Amendment reflects the practice at the time the amendment was written, and current law.

Kevin L. Jamison

Attorney at Law