-----Original Message-----
>From: Jon Roland <[EMAIL PROTECTED]>
>Sent: Jul 9, 2008 1:23 PM
>To: [EMAIL PROTECTED]
>Cc: Firearms Reg <[email protected]>
>Subject: Re: Eugene Volokh: Another Early 1800s Source Supporting the 
>Individual Rights View of the Second Amendment:
.....
>The key point, as I have often stated, is that militia is primarily 
>defense activity and only secondarily those engaged in it, as was common 
>usage of many words in that era, and that there is no minimum number of 
>those who may engage in it. An individual is always and at all times at 
>least a militia of one.

Joe Olson and I pointed out in our A2A amicus brief that ratification period 
States  knew of militias of one -- members of unorganized militias -- and 
wanted them armed. The militia statutes commonly exempted broad swathes of the 
populace -- sailors, ferrymen, judges, gov't officials, sometimes lawyers -- 
from the duty to be enrolled, mustered, and drilled. But the statutes *didn't* 
exempt from from the duty to be armed. The rationale was presumably that there 
might come a day when they needed every man, and the unorganized ones might be 
untrained but at least they'd have a gun and equipment.
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