“Red Flag” Laws….

 For the record, I am not opposed to so-called “red flag” laws AS LONG AS they 1) protect the Constitutional rights of the lawful firearm owner under the Second, Fourth, Fifth and Fourteenth Amendments (yes, protections from all four of these amendments are involved), and 2) contain provisions to ensure that they cannot be used by individuals who personally object to firearms ownership to deprive others of their Constitutional right to keep and bear arms.

I participate in a few online discussion forums; I have see many individuals post inquiries regarding how they can use these laws to generally disarm people because they personally object to firearms ownership.  I have also received phone calls in the course of my job selling firearms from such individuals, asking us not to sell to someone because the caller doesn’t like guns themselves.

On the other hand, I have stopped transactions because I believed, based on my interaction with a customer, that they posed a threat to themselves or others, and I have personally been involved with at least three situations in which bona fide concerns regarding a threat of suicide prompted us to take measures to insure that someone did not acquire a firearm from us - including notifying law enforcement.

Show me a “red flag” law that includes these protections and I will support it.

Raising The Age To 21….

So I keep hearing the same gun controllers who point to the militia clause of the Second Amendment, insisting that the right to keep and bear arms is limited to membership in the militia, then turn around and argue that the minimum age to buy a firearm should be raised to 21.  Such individuals demonstrate their ignorance with such arguments.

Founder Tench Coxe, when addressing questions regarding the composition of the militia, responded, “The powers of the sword are in the hands of the yeomanry of America from sixteen…”

Sixteen, not 21.

Ok, but he was just an individual Founder.

So let’s consider what the law says: 

“10 U.S. Code § 246 - Militia: composition and classes

“(a) The militia of the United States consists of all able-bodied males at least 17 years of age…”

17, not 21.

So if they are going to claim that the Militia clause determines who may own a firearm, then they must also accept that the law establishes a minimum age of 17 to own and possess firearms, as all citizens who are at least 17 are declared to be members of the unorganized militia.

BTW, Michigan law also established a minimum age of 17 for militia duty:

“MCL 32.509 State military establishment; composition; organized and unorganized militia.

“Sec. 109.

“The organized militia of this state taken collectively shall be known as the state military establishment and constitutes the armed forces of this state…. The unorganized militia consists of all other able-bodied citizens of this state and all other able-bodied citizens who are residents of this state who have or shall have declared their intention to become citizens of the United States, who shall be age 17 or over…”

In both instances, federal and state Constitutions, membership in the unorganized militia isn’t voluntary, the law declares membership to be a citizen duty.  If you are a citizen and at least 17 years old, YOU ARE A MEMBER OF THE MILITIA.  As such, the minimum age to own/bear (possess/carry) a firearm is 17.