Hoosier Gun Owner?

As expected, the Supreme Court has granted cert in the D.C. gun ownership case. The court phrased the granting issue as: “Whether the following provisions — D.C. Code secs. 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 — violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?”

Not wanting to get into a debate about Second Amendment rights quite yet (my undergrad Constitutional Law course helps, but perhaps I'll debate after ConLaw next semester), I just want to point out an interesting quirk in that phrasing and how it impacts Indiana law.

Certainly such a case wouldn't arise in Indiana (assuming that this state is, in fact, a "red state"). But if it did, the phrasing that the Court chose would provide a pretty clear answer. In Indiana, "a militia shall be provided and shall consist of all persons over the age of seventeen (17) years, except those persons who may be exempted by the laws of the United States or of this State." Ind. Const. Art. 12, § 1 (emphasis added)*. Male, female, old, young. Basically everyone that doesn't have a note from the Governor (or are conscientiously opposed to bearing arms) is part of a militia. Perhaps that is why our state takes such a strong stance on the Second Amendment. That's why a D.C. style law won't come about here, and why such a law certainly wouldn't survive our courts.

The phrasing of the question in front of the Supreme Court says that it applies to individuals without no affiliations to a state-regulated militia but who want to possess guns in their homes. In Indiana, the only persons not in the state-regulated militia are those who are conscientiously opposed to bearing arms. Seems unlikely that those folks would want to bring guns into their homes anyway.

*In the original 1851 Constitution of Indiana, the section read "The Militia shall consist of all able-bodied white male persons, between the ages of eighteen and forty-five years, except such as may be exempted by the laws of the United States, or of this state; and shall be organized, officered, armed, equipped, and trained, in such manner as may be provided by law." A 1936 amendment deleted "white". A 1974 amendment rewrote the section to its current version.