Regulating the militia

Volokh, Eugene VOLOKH at law.ucla.edu
Wed Apr 2 09:25:25 PDT 2008


	I should add that the government clearly does have the power to
regulate the militia -- the adult citizenry (cf. the Militia Act of
1956) -- and would have even without the Second Amendment.  It could,
for instance, require that all adult citizens (or some subset of them)
be trained, show up to musters, own particular kinds of weapons, and the
like.  But banning certain people from owning guns, or banning the
ownership of certain kinds of guns, wouldn't be a regulation of the
militia as the Framers understood the term, I think.  It might still be
constitutional (for instance, if it was seen as a modest regulation
short of a prohibition, or perhaps if it was limited to felons, or
something along those lines); but the justification for it wouldn't be
the power (either state or federal) to "regulate the militia" as that
term was understood.


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