Letter Re: Proposed Executive Order Designating Certain Rifles for ‘Militia Purposes’

Gentlemen,

The problem with this proposed executive order is that it refers to members of the “militia” rather than the citizenry.

The militia is defined under law as follows:

(a)The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(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.

Could this not be used to restrict ownership of arms (by some weasel) based on a person being over 45 years of age?

Perhaps a lawyer could weigh in?

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