
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, February 6, 1991                   TAG: 9102060503
SECTION: EDITORIAL                    PAGE: A6   EDITION: METRO 
SOURCE: 
DATELINE:                                 LENGTH: Medium

HIGH COURT HAS SAID MILITIA IS EVERYBODY

THE JAN. 18 editorial on the Second Amendment and gun control contains numerous errors. The most flagrant is this statement: "The high court has ruled on related matters several times, and never has it agreed with the gun lobby's contention that the militia means everybody."

In Presser vs. Illinois (1886), the Supreme Court did indeed recognize that the militia is everybody:

"It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the states, and in view of this prerogative of the general government, as well as its general powers, the states cannot, even laying the constitutional provision in question out of view, prohibit the people from keeping and bearing arms."

In United States vs. Miller (1939), the Supreme Court stated:

"The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. `A body of citizens enrolled for military discipline.' And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time."

These quotes are only a few of the many statements by the Supreme Court that have upheld the intent of the framers of the Bill of Rights - that all law-abiding citizens were considered part of the militia and therefore have the right to own firearms and be experienced in their use.

The editorial staff would do well to remember the words of George Mason, author of the Virginia Declaration of Rights of 1776, upon which the federal Bill of Rights was based. On June 16, 1788, Mason argued before his fellow Virginians then debating the ratification of the U.S. Constitution: "I ask who are the militia? They consist now of the whole people except a few public officials."

RICHARD GRIFFITHS

RADFORD

by CNB