Gun Control & RKBA
In reply to the discussion: What America's gun fanatics won't tell you [View all]jimmy the one
(2,720 posts)krispos: There are 3 entities referenced in the amendment: the militia, the state, and the people. The last specifically have the right to bear arms.
Women did not have a right to bear arms in 1792. They could not join any militia. They were considered 2nd class citizens
Only about 20% (adult white males) of the american population circa 1790 had a right to keep & bear arms. Women could own firearms yes, but had no right to, oftentimes unless their husband concurred:
webster's 1828 dictionary: http://webstersdictionary1828.com/Dictionary/citizen
Citizen 5. In the United States, a person, native or naturalized, who has the privilege of exercising the elective franchise, or the qualifications which enable him to vote for rulers, and to purchase and hold real estate.
womenhistory: When the new U.S. Constitution went into effect on March 4, 1789, concern over individual liberties gave rise to the adoption of the Bill of Rights (the first ten amendments), but those rights did not pertain directly to women. However, state courts and legislatures began to vary in the interpretation of Person in the Constitution; in some jurisdictions narrowing the meaning to cover only people with property, only men or only white men.
Over the years, many claimants asserted that discrimination against women in voting, in property ownership, in occupational license and other matters was unconstitutional given the Constitutions use of the term Person, but the all-male courts did not give this a fair hearing...
http://www.womenhistoryblog.com/2013/06/womens-rights-after-american-revolution.html
krispos citing current militia code: (1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
The unorganized militia has by far the more members, about 98% of adult men & women are, or have been in the unorganized militia.
However, the unorganized militia fails the 2nd amendment litmus test, in that, by definition, an unorganized militia cannot be, 'well regulated'. Ha.
(a previous post of mine): Of course women could carry firearms, even hunt & varmint plink, but they could not bear arms as per militia or in common defense, disallowed, with or without the militia clause dictate. So obviously the 2ndA did not apply to women either way, which says the right to keep & BEAR arms.
https://www.democraticunderground.com/?com=view_post&forum=1172&pid=205508
(off till next week's library visit, don't misinterpret 'no reply').