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Morbid Curiosity: Are there any actual militias in the USA?

oldjones

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Aug 18, 2001
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At the risk of being completely frivolous: the law might perhaps require mental ftness to be assessed and demonstrated in militia firearms training.

But I can certainly see Heller makes the "thicket of laws" the more likely response than any "new broom" approach.
 

Aardvark154

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Jan 19, 2006
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oldjones said:
At the risk of being completely frivolous: the law might perhaps require mental ftness to be assessed and demonstrated in militia firearms training.

But I can certainly see Heller makes the "thicket of laws" the more likely response than any "new broom" approach.
Perhaps, but it would depend upon the reasonableness and purpose of the law.

For example Heller does not say that you have a right to a fully automatic weapon or armour piercing bullets.

Most concealed carry permits already require a mental health background check.
 

oldjones

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Aug 18, 2001
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In fact, didn't Heller explicitly say one did not have a right to those weapons? Only to the weapons whose customary use for the hunt and sel-defense was historically established? Tasers, anyone?
 

viking1965

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Oct 26, 2008
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oldjones said:
In fact, didn't Heller explicitly say one did not have a right to those weapons? Only to the weapons whose customary use for the hunt and sel-defense was historically established? Tasers, anyone?
The actual decision only effects the specific District of Columbia law, completely prohibiting personal ownership and posession of a handgun, which was determined to be unconstitutional.

The decisions (assenting and dissenting) may have contained commentary similar to your statement, but any such commentary is not considered law.
 

Aardvark154

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viking1965 said:
The decisions (assenting and dissenting) may have contained commentary similar to your statement, but any such commentary is not considered law.
What in the trade is called - Dicta or to be more formal Obiter Dicta.
 
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