Federal aid: Conditional on compliance with statutes, 2578. Inspections, 2579. United States property and disbursing offi cers: Appointment, 2580. Duties, 2581. Inspection of accounts and records, 2582. Regulations, 2583. Funds: Annual appropriation authorized, 2584. Estimate, 2585. Expenses payable from general fund, 2586. Apportionment among States, 2587. Expenses payable from allotment, 2588. Appropriation for joint maneuvers, 2589. Appropriation for camps of instruction, 2590. Disbursement of pay by the Quartermaster Corps, 2591. Purchase of travel rations, 2592. Pay and allowances: Officers Rates, 2593. Enlisted men Rates, 2595. Stoppages, 2596. Restrictions, 2597. Participation in maneuvers, 2598. National Guard Reserve, 2599. Travel: Property and disbursing officers, 2600. Reduced rates of transportation, 2601. Equipment: Same as for Regular Army, 2602. Care and protection furnished, 2609. Purchase from any supply bureau, 2611. Loss or damage to stores issued, 2615. Sale of Army stores to States: Requisition in time of war, 2618. Animals: Procurement, 2620. Issue. 2621. Care of horses and material, 2622. Home Guards supplied with arms and equipment, 2623. 2502. The right to bear arms.-A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Constitution of the United States, second amendment. Notes of Decisions. Limitation to Federal Government.This amendment is a limitation only on the powers of Congress and the National Government, and not upon that of the State. Presser v. Illinois (1886), 6 Sup. Ct. 580, 582, 584; 116 U. S. 252, 29 L. Ed. 615 [C. S. p. 14309]. This amendment means no more than that the right shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the National Government, leaving the people to look for their protection against any violation by their fellow citizens of the rights it recognizes, to what is called, in City of New York v. Miln (1837), 11 Pet. 139, 9 L. Ed. 648, the powers which relate to merely municipal legislation, or what was, perhaps, more properly called internal police," "not surrendered or restrained" by the Constitution of the United States. U. S. v. Cruikshank (1875), 92 U. S. 542, 553, 23 L. Ed. 588. The object of the clause relative to the right to bear arms has reference to the perpetuation of free government, and is based on the idea that the people can not be effectually oppressed and enslaved who are not first disarmed. Cockrum v. State (1859), 24 Tex. 394, 401. The right voluntarily to associate together as a military company or organization, or to drill or parade with arms, without and independent of an act of Congress or law of the State authorizing the same, is not an attribute of national citizenship. Military organization and military drill and parade under arms are subjects especially under the control of the Government of every country. They can not be claimed as rights independent of law and are not privileges and immunities of citizens of the United States. State governments, unless restrained by their own constitutions, have the power to regulate or prohibit associations and meetings of the people, except in the case of peaceable assemblies to perform the duties or exercise the privileges of citizens of the United States; and have also the power to con trol and regulate the organization, drilling, and parading of military bodies and associations, except when such bodies or associations are authorized by the militia laws of the United States. The exercise of this power, by the States, is necessary to the public peace, safety, and good order. Presser v. Illinois, 116 U. S. 252, 267; U. S. v. Cruikshank, 92 U. S. 542; New York v. Miln, 11 Pet. 102, 139. 46 "Arms" within purview of the constitutional provision.-The arms" referred to are the arms of a militiaman or soldier, and they do not comprise dirks, bowie knives, etc. English v. State (1872), 35 Tex. 473, 14 Am. Rep. 374. Exercise of State police power in general. This provision was never intended to prevent a State from adopting such measures of police as might be necessary in order to protect the orderly and well-disposed citizens from the treacherous use of weapons not designed for any purpose of public defense, and used most frequently by evil disposed men who seek an advantage over their antagonists in the breaches of the peace which they are prone to provoke. State v. Smith (1856), 11 La. Ann. 633, 66 Am. Dec. 208. Carrying or possessing arms without license. A State statute prohibiting all bodies of men, except those comprising the regularly organized militia of the State and United States troops, from associating, drilling, or parading with arms in any city without license from the governor of the State, is valid; the amendment not applying to the States. Presser v. Illinois (1886), 6 Sup. Ct. 580, 582, 584; 116 U. S. 252, 29 L. Ed. 615. Act Ga, August 12, 1910, prohibiting the carrying of a revolver without a license is not a violation of the amendment. Strickland v. State (1911), 72 S. E. 260, 137 Ga. 1, 36 L. R. A. (N. S.) 115, Ann. Cas. 1913B, 323 [C. S. p. 14310]. Carrying weapons.-A State statute against carrying concealed weapons does not contravene this amendment. Robertson v. Baldwin (1897), 17 Sup. Ct. 326, 329; 165 U. S. 275, 41 L. Ed. 715; [C. S. p. 14310]. St. Okl. 1893, prohibiting the carrying of certain deadly weapons on or about the person, is constitutional, and within the police power of the Territory. Walburn v. Territory (1899), 59 P. 972, 9 Okl. 23. Code W. Va., prohibiting the carrying of a pistol, dirk, bowie knife, etc., or any other dangerous or deadly weapon of like kind, does not violate this amendment. State v. Workman (1891), 35 W. Va. 367, 14 S. E, 9, 14 L. R. A. 600. 2503. State and territory defined.-That whenever the words "State or Territory" are used in the "Act to promote the efficiency of the militia, and for other purposes," approved January twenty-first, nineteen hundred and three, as amended, they shall be held to apply to and include the District of Columbia. Sec. 74 added to the act of Mar. 1, 1889 (25 Stat. 772-781), by the act of Feb. 18, 1909 (35 Stat, 636). * Provided further, That the word Territory as used in this Act and in all laws relating to the land militia and National Guard shall include and apply to Hawaii, Alaska, Porto Rico, and the Canal Zone, and the militia of the Canal Zone shall be organized under such rules and regulations, not in conflict with the provisions of this Act, as the President may prescribe. Sec. 62, act of June 3, 1916 (39 Stat. 198). 2504. Composition of the militia. The militia of the United States shall consist of all able-bodied male citizens of the United States and all other ablebodied males who have or shall have declared their intention to become citizens of the United States, who shall be more than eighteen years of age and, except as hereinafter provided, not more than forty-five years of age, and said militia shall be divided into three classes, the National Guard, the Naval Militia, and the Unorganized Militia. Sec. 57, act of June 3, 1916 (39 Stat. 197). Notes of Decisions. Purpose and operation.-Congress has power to determine who shall compose the militia. Opinion of the Justices (1859), 80 Mass. (14 Gray) 614. Age limits.-It is competent for the State legislature to exempt persons from enrollment, designating them by their agefor example, persons under 21 or over 30 years of age. Opinion of the Justices (1838), 39 Mass. (22 Pick.) 571. Aliens. An alien is not liable to militia duty. Slade v. Minor (C. C. 1817), Fed. Cas. No. 12,937. Bodily infirmity.-A captain has no authority to exempt a private from the per formance of military duty on account of bodily infirmity, upon the certificate of a physician who is not a surgeon or a surgeon's mate of the regiment, and does not reside within the bounds of the regiment. Cobb v. Lucas (1833), 32 Mass. (15 Pick.) 1. 2505. Exemption from militia duty.-The Vice President of the United States; the officers, judicial and executive, of the Government of the United States and of the several States and Territories; persons in the military or naval service of the United States; customhouse clerks; persons employed by the United States in the transmission of the mail; artificers and workmen employed in the armories, arsenals, and navy yards of the United States; pilots; mariners actually employed in the sea service of any citizen or merchant within the United States, shall be exempt from militia duty without regard to age, and all persons who because of religious belief shall claim exemption from military service, if the conscientious holding of such belief by such person shall be established under such regulations as the President shall prescribe, shall be exempted from militia service in a combatant capacity; but no person so exempted shall be exempt from militia service in any capacity that the President shall declare to be noncombatant. Sec. 59, act of June 3, 1916 (39 Stat. 197). This act superseded provisions as to exemptions in sec. 2 of the militia act of Jan. 21, 1903 (32 Stat. 775). The principal changes made by the 1916 act were to omit the exemption in the 1903 act of "all persons who are exempted by the laws of the respective States or Territories," and to add in the 1916 act the clause, "but no person so exempted shall be exempt from militia service in any capacity that the President shall declare to be noncombatant." 2506. Powers of the Congress and the States over the Militia.-The Congress shall have Power * ** To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; Art. I, sec. 8, Constitution of the United States. * * * Notes of Decisions. Militia power and Army power.-The militia power reserved to the States by the above clause is not to be confounded with the power conferred upon Congress to raise armies. There was left under the jurisdiction of the States undelegated the control of the militia to the extent that such control was not taken away by the exercise by Congress of the power to raise armies. Selective Draft Law Cases (1918), 245 U. S. 366. Organization and government of militia.The Military Code of Illinois (act Ill. May 28, 1879 [Laws 1879, p. 192]), for the enrollment, organization, and government of the State militia, is a valid exercise of the police power, and is not unconstitutional as encroaching upon the power of Congress, under this clause, or as falling within the prohibition of art. 1, sec. 10, that no State shall, without the consent of Congress, keep troops in time of peace; the provisions of art. 11, secs. 5, 6, of such Military Code, forbidding unauthorized bodies of men to associate themselves together as a military company or organization, or to drill or parade with arms in any city or town. Presser v. State (1886), 6 Sup. Ct. 580, 116 U. S. 252, 29 L. Ed. 615. The right of control of the militia by the States and their right to legislate regarding the militia has been fully recognized by the courts; both rights being concurrent with that of the Congress within constitutional limitations to legislate regarding it and its control, the right of the State |