Who is “The Militia?”

If you ever get into a debate about firearm ownership, gun control advocates usually quote one line from the US Constitution. They’ll say that the Second Amendment refers to “the militia,” not general citizens. Whenever I find myself in this situation, my opponent usually says it smugly, assuming it’s some kind of “gotcha.”

As soon as your opponent makes this argument, you’ve already won. It means the person you’re debating doesn’t know what they’re talking about. Let’s take a look at who “the militia” actually is according to US law, and why your gun rights aren’t even tied to militia service anyway.

Some people think the Second Amendment only allows these guys to bear arms.

Who is “The Militia” in the US?

When the Founding Fathers wrote the Constitution, the definition of “the militia” was self-evident. It consisted of every able-bodied man – period. They’d already established this idea in The Federalist Papers, a document that predated the Constitution.

In the same way that ancient Greek hoplites were citizen-soldiers, everyone living in the fledgling American republic was also expected to answer the call of duty.

We’ve had plenty of laws regulating paramilitary activities over our country’s lifespan. Notably, state governments took over administration of militias in the former Confederate states after the Civil War. Citizens were not allowed to drill, train, or perform any other “paramilitary activities” outside of these state-sanctioned groups (although many did clandestinely).

The Militia Act of 1903

The current definition of “militia” in the US can trace its origins back to the Militia Act of 1903. The law broke down the definition of “militia” into two distinct groups.

1. The Organized Militia. This consisted of the National Guard and the Naval Militia. Both of these groups still exist today.
2. The Unorganized Militia. This group is made up of all able-bodied men between the ages of 17 and 45 who are not already members of the Organized Militia.

These two groups still exist today. However, in 1933 Congress organized the National Guard specifically to support the US Military and not to function as a militia (which has narrowly-defined duties including repelling invasion and quelling insurrection).

Why it Doesn’t Matter Who “The Militia” is Anyway

The Supreme Court of the United States.

Chances are, if you’re reading this, you’re either a member of the Organized Militia, Unorganized Militia, or the actual US Military. I know I am. And I think that’s awesome. It gives me some skin in the American game and makes me at least somewhat responsible for ensuring the continuation of the American Experiment.

However, the definition of “militia” given by the 1903 Act does give gun control proponents some ammo. If “the militia” is any man between the ages of 17 and 45, then women and men 46 and older specifically aren’t members of it. And that means they don’t have a right to bear arms, right?

Wrong.

On June 26, 2008, the US Supreme Court issued one of its most important gun rights rulings ever. In a narrow 5-4 decision, the court determined that the right to bear arms was a natural individual right unconnected to militia service.

In other words, it didn’t matter if you were a member of “the militia” or not. All Americans have a private right to own firearms that’s totally unconnected to military service.

It was a historic moment for gun rights. For more than 200 years, there had been a legal gray area regarding private ownership of firearms in America. After the case, known as DC v Heller, there was no more room for arguments. You have the right to keep and bear arms, period.

Final Thoughts

When you present this information in a debate, resist the urge to lord your correctness over your opponent. Remember how annoying it was when they tried to use their “gotcha” against you?

Being right in a debate about guns doesn’t matter. As a gun owner, you need to be an advocate for the Second Amendment. That means your mission is to win the hearts and minds of anti-gunners whenever possible.

Instead, you need to educate your opponent. Present the information to them, let them realize their ignorance and let them change their own mind on their own terms.

If they refuse to, quit wasting your time. They’re already brainwashed. Politely excuse yourself from the conversation, it the range, and tighten up those groupings. Because who knows, we may still need the Unorganized Militia someday.