I'm too lazy to make sure that Kopel makes the point that such a registration
would only make sense if the government makes preparations to actually use the
militia including regular drills, supplying weapons for those who couldn't
afford them, laws requiring that weapons of a particular type and caliber be
owned (and a certain amount of ammo be stored for militia use).  Otherwise, no
member need own a militia weapon (no militia obligation), much less produce one
for registeration.

I also believe we've discussed this point several years ago.

Phil 

Quoting "Joseph E. Olson" <[email protected]>:

> "Dave Kopel of the Golden, Colo-based Independence Institute takes a hybrid
> view of the constitutionality of registration. "Registration of militia guns,
> the [single] gun which a person brings to militia service, to fulfill his
> militia obligation, is almost certainly constitutional," he says. "As for
> non-militia guns... the First Amendment parallel is
> Supreme Court rejection of registration of NAACP  members."
>  
> http://www.cbsnews.com/blogs/2009/08/21/taking_liberties/entry5258192.shtml
> 
>  
> Dave Kopel is the only "scholar" who has thought this through and correctly
> understands the issue.  You can not have an effective counter-balance to
> rogue government if the governments knows each element of the other's
> strength and can sap (seize) it at any time.  No incipient guerrilla movement
> makes the enemy the guardian of its arsenals.
>  
>  
> *******************************************************************
> Professor Joseph Olson, J.D., LL.M.                                   o-  
> 651-523-2142  
> Hamline University School of Law (MS-D2037)                    f-   
> 651-523-2236
> St. Paul, MN  55113-1235                                                 c-  
> 612-865-7956
> [email protected]                             
> http://law.hamline.edu/node/784                      
> 




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