Printz v. United States

Argued December 3, 1996
Decided June 27, 1997

parts of the Brady Handgun Violence Prevention Act violated the Tenth Amendment to the United States Constitution.

National Defense Act of 1916

enacted June 3, 1916

updated the Militia Act of 1903

expansion of the Army and the National Guard, the creation of an Officers’ and an Enlisted Reserve Corps, and the creation of a Reserve Officers’ Training Corps

Militia Act of 1903 – the Dick Act

Jan 21, 1908

created an early National Guard and codified the circumstances under which the Guard could be federalized

Unorganized Militia

which included all able-bodied men between ages 17 and 45

Organized Militia

which included state militia (National Guard) units receiving federal support

Presser v. Illinois

Argued November 23–24, 1885
Decided January 4, 1886

the Second Amendment to the United States Constitution limited only the power of Congress and the national government to control firearms, not that of the states, a

 “Unless restrained by their own constitutions, state legislatures may enact statutes to control and regulate all organizations, drilling, and parading of military bodies and associations except those which are authorized by the militia laws of the United States.” It states that the Second Amendment to the United States Constitution limited only the power of Congress and the national government to control firearms, not that of the states, and that the right to peaceably assemble was not protected by the clause referred to except to petition the government for a redress of grievances.

Militia Acts of 1792

The first Act, passed May 2, 1792

authority of the president to call out the militias of the several states

“whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe”

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.)

Militia members, referred to as “every citizen, so enrolled and notified”, “…shall within six months thereafter, provide himself…” with a musket, bayonet and belt, two spare flints, a cartridge box with 24 bullets, and a knapsack. Men owning rifles were required to provide a powder horn, ¼ pound of gunpowder, 20 rifle balls, a shooting pouch, and a knapsack

Some occupations were exempt, such as congressmen, stagecoach drivers, and ferryboatmen.



NFA Freedom Alliance

NFA Freedom Alliance

  • Founded in 2014
  • Todd Rathner

The NFAFA is the strongest direct action/lobbying organization working at the state and federal level to ease restrictions on the ownership, manufacture, sale, and use of items regulated by the National Firearms Act (NFA).


Goals

  • Identify states where NFA items are illegal and “defense to prosecution” (DTP) is the only protection for NFA owners.
  • Work to repeal and replace “DTP” with statutes that affirmatively protect ownership of NFA weapons.
  • Identify states that do not allow hunting with suppressors and enact legislation to allow such activities.
  • Remove state-level prohibitions against the possession of NFA items.