Federal Law and 2nd Amendment Age Restrictions

  • It may be laid down as a primary position, and the basis of our system, that every Citizen who enjoys the protection of a free Government, owes not only a proportion of his property, but even of his personal services to the defence [sic] of it, and consequently that the Citizens of America (with a few legal and official exceptions) from 18 to 50 Years of Age should be borne on the Militia Rolls, provided with uniform Arms, and so far accustomed to the use of them, that the Total strength of the Country might be called forth at a Short Notice on any very interesting Emergency, for these purposes they ought to be duly organized into Commands of the same formation.

— George Washington, Letter to Alexander Hamilton (Mount Vernon) | Friday, May 02, 1783

Second Militia Act of 1792 (WIKI)

  • The second Act, passed May 8, 1792, provided for the organization of the state militias. It conscripted every “free able-bodied white male citizen” between the ages of 18 and 45 into a local militia company. (This was later expanded to all males, regardless of race, between the ages of 18 and 54 in 1862.)

Larry Elder interviews Law Professor (UCLA) Eugene Volokh about the proposed age limits to purchasing long-guns. In fact, in a recent article by Larry, he notes the law regarding the age one is in the militia:

……The second point, often ignored, is the very purpose of the Second Amendment. It is to prevent government tyranny through the power of a citizens’ militia. Since many on the left denounce President Donald Trump as a “tyrant” or a “dictator” or a “Hitler,” they might find that the Second Amendment could come in handy. As to why a 19-year-old can legally get a gun, the Second Amendment refers to a “well-regulated militia” as necessary for our freedom.

And yes, a 19-year-old is part of the militia.

Section 311 of the U.S. Code Title 10 (as last amended in 1958) says: “(a) The militia of the United States consists of all able-bodied males at least 17 years of age and … 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.”……