Legal Question in Constitutional Law in Wyoming

Hello, I live in wyoming and I would like to start a "private" militia. By private, I mean not ran by the state. I was just wondering how I would go about this as well as the state and federal laws behind it. I am looking to start a militia because I know it is the only way to technically secure my right to keep an bear arms.


Asked on 8/25/10, 4:09 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The Supreme Court held earlier this year that individuals have the right to keep and bear arms. It rejected the argument that the Second Amendment only allowed militias to be armed. It is not clear what the scope of the right is, but it is clear that you don't need to be in a militia to invoke it.

Besides, the Second Amendment was referring to militias controlled by the states, not to private organizations which someone wants to call by the same name. You couldn't form a private organization that would qualify as a militia even if you wanted to.

The National Guard is the current incarnation of the militias. If you want to be a member of a militia, joining the Guard is the way to go about it.

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Answered on 8/30/10, 4:30 pm


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