IF They're Only for Militia, Let's Be Militia!

[thatguyoverthere]

An interesting idea that may need to be considered based on the direction the country seems to be headed.

If it's already been mentioned somewhere else here, my apologies.

http://www.americanthinker.com/articles ... esist.html

Basically, the article talks about the probability that sooner or later, we certainly will have a Democrat president, and Democrat House & Senate. When that happens, they may have the opportunity to appoint one or more new Supreme Court justices. That future Democrat controlled legislature will also almost certainly eventually pass very restrictive, sweeping gun laws, which will be upheld by the new liberal Supreme Court.

The writer's proposed solution would be for the states to exercise their rights to pass state legislation to create a formal state militia, of which all legal gun owners would be automatically included. Then there could be no argument that the 2nd Amendment does definitely apply to those gun owners, because they are the legally defined militia, as mentioned in the 2A.

Of course, there are other considerations. Check out the short article. It's an interesting read.

So what are your thoughts on the idea?

[Beiruty]

For Dems, the "militia" is States' National Guard. They would respond, enlist in the National Guard and then they will force you to lock up all your firearms in the NG armories.

It is a bad plan unless you are living in pro-gun state such as Texas.

[bblhd672]

Chilling proposed legislation:
https://www.congress.gov/bill/114th-con ... /4269/text

[Beiruty]

Chilling proposed legislation:
https://www.congress.gov/bill/114th-con ... /4269/text

The authors of said bill can eat the bill and save us the humanity from their none-sense dictatorship. We the people ..... shall not be infringed.

[allisji]

An interesting idea that may need to be considered based on the direction the country seems to be headed.

If it's already been mentioned somewhere else here, my apologies.

http://www.americanthinker.com/articles ... esist.html

Basically, the article talks about the probability that sooner or later, we certainly will have a Democrat president, and Democrat House & Senate. When that happens, they may have the opportunity to appoint one or more new Supreme Court justices. That future Democrat controlled legislature will also almost certainly eventually pass very restrictive, sweeping gun laws, which will be upheld by the new liberal Supreme Court.

The writer's proposed solution would be for the states to exercise their rights to pass state legislation to create a formal state militia, of which all legal gun owners would be automatically included. Then there could be no argument that the 2nd Amendment does definitely apply to those gun owners, because they are the legally defined militia, as mentioned in the 2A.

Of course, there are other considerations. Check out the short article. It's an interesting read.

So what are your thoughts on the idea?

the 2nd amendment is so that we the people can protect ourselves from private invasions by the "militia (read military)", not so that we can form a militia. This idea would essentially amount to us giving up our 2nd amendment rather than preserving it, because we would be essentially confessing to the gun control crowd that the 2nd amendment was about forming a militia and not about protecting personal freedom.

[locke_n_load]

For Dems, the "militia" is States' National Guard. They would respond, enlist in the National Guard and then they will force you to lock up all your firearms in the NG armories.

It is a bad plan unless you are living in pro-gun state such as Texas.

Texas has a "State Guard" that is part of the official Texas militia, and can only be controlled by the governor. I think that we could all become honorary members by some form of Texas legislation!

[JustSomeOldGuy]

It was my understanding that the original concept was the bulk of citizenry comprised "the unorganized militia" (as opposed to the state/federal enlistee/draftee 'organized' militias). So, we're already militia. If you're going to make me 'official' (not 'organized', just 'official'), then I want an M14 or a s.a.w. at gov't expense to complement what I already have.

[bblhd672]

For Dems, the "militia" is States' National Guard. They would respond, enlist in the National Guard and then they will force you to lock up all your firearms in the NG armories.

It is a bad plan unless you are living in pro-gun state such as Texas.

Texas has a "State Guard" that is part of the official Texas militia, and can only be controlled by the governor. I think that we could all become honorary members by some form of Texas legislation!

Sounds like a plan! Additional checkbox on LTC application: "Do you wish to enlist in the Texas State Guard as Reserve Member?" Approval of LTC = approval as member of TSG.

[AF-Odin]

According to United States Code Title 10, Section 311 (and I paraphrase):

The Militia of the United States consists of all able bodied men between the ages of 17 and 45 who are or have declared intent of becoming citizens of the United States. Females who are members of the National Guard are members of the Militia.

The Militia is composed of two parts, the Organized and Un-Organized.

The Organized Militia is the National Guard and the Naval Militia.

The Un-Organized Militia consis of all who are NOT members of the National Guard or Naval Militia.

There are some exceptions some of which include members of the regular military on active duty, mailmen, river boat pilots, and several others.

So, guess that leaves out us OLD guys though, to the best of my knowledge, the Texas State Guard does not have an age requirement, but I believe in the old adage of "Who is the Militia, it is the entire body of the people."

[oljames3]

The Texas State Guard (TXSG) has a web page: https://tmd.texas.gov/texas-state-guard

On the TXSG page is this quote: "Headquartered at Camp Mabry in Austin, Texas, the TXSG functions as an organized state militia under the authority of Title 32 of the U.S. Code and Chapter 437 of the Texas Government Code."

The Enlistment Requirements page includes:
Resident of Texas for at least 180 days
Age 18 to 70
Reasonable Good Health
Pass criminal background check
Valid Texas Drivers License
Prior Military Service NOT required
If Prior Service - Honorable discharge required
Helpful skill sets: JAG/Military experienced Attorneys, Rescue, Medical [Doctors, Nurses, Dentist, Dental Asst., Paramedics, EMT], Civil Affairs, Chaplain, Communications, IT, CPA, Education, Historian
Education; High School Diploma, Home School Certificate, GED, College Transcripts
Educational and age requirements exist for officer commissioning

While I was on active duty with the Texas National Guard, J3 (Operations), I worked closely with many Texas State Guard personnel. They were dedicated, well trained, and capable individuals. Texas depends greatly on the TXSG to maintain a high level of response to natural disasters, such as hurricanes, and other services that the Texas Military Department provides.

[locke_n_load]

The Texas State Guard (TXSG) has a web page: https://tmd.texas.gov/texas-state-guard

On the TXSG page is this quote: "Headquartered at Camp Mabry in Austin, Texas, the TXSG functions as an organized state militia under the authority of Title 32 of the U.S. Code and Chapter 437 of the Texas Government Code."

The Enlistment Requirements page includes:
Resident of Texas for at least 180 days
Age 18 to 70
Reasonable Good Health
Pass criminal background check
Valid Texas Drivers License
Prior Military Service NOT required
If Prior Service - Honorable discharge required
Helpful skill sets: JAG/Military experienced Attorneys, Rescue, Medical [Doctors, Nurses, Dentist, Dental Asst., Paramedics, EMT], Civil Affairs, Chaplain, Communications, IT, CPA, Education, Historian
Education; High School Diploma, Home School Certificate, GED, College Transcripts
Educational and age requirements exist for officer commissioning

While I was on active duty with the Texas National Guard, J3 (Operations), I worked closely with many Texas State Guard personnel. They were dedicated, well trained, and capable individuals. Texas depends greatly on the TXSG to maintain a high level of response to natural disasters, such as hurricanes, and other services that the Texas Military Department provides.

Question for you James, as I looked into joining the State Guard awhile back, and I saw this argument pop up on some forums:
Would Nat'l Guard enlisted guys salute an officer in the State Guard?

I read two different responses:
Yes, as they are officers in the same military (Texas Military)
No, as they are not officers in the national military and are not combat soldiers.

It doesn't really matter, I was just wondering what your encounters were. Thanks.

[hovercat]

Do not give in at any, least point, to gun grabbers, thinking that they will stop there. They will not.

[thatguyoverthere]

"The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia" - US Supreme Court, DC v. Heller 2008

True. For now. But for how much longer?

https://www.americas1stfreedom.org/arti ... ndividual/

...Supreme Court Justice Stephen Breyer waxed philosophical on the Second Amendment, arguing—with a straight face—that the Second Amendment doesn’t protect your individual right to own a gun to protect yourself in your own home...

... also said that in his opinion, the constitutional provision [2nd Amendment] merely prevents Congress from disbanding state militias, which, he concluded with a flourish, “is not the right of an individual to keep a gun next to his bed.”

... the Supreme Court is now apparently deadlocked, 4-4, with half the court agreeing with Breyer, and the other half agreeing that the right to arms is an individual right. The next president will tip the balance with his or her choice to replace the late Justice Antonin Scalia.

[AJSully421]

For Dems, the "militia" is States' National Guard. They would respond, enlist in the National Guard and then they will force you to lock up all your firearms in the NG armories.

It is a bad plan unless you are living in pro-gun state such as Texas.

Texas has a "State Guard" that is part of the official Texas militia, and can only be controlled by the governor. I think that we could all become honorary members by some form of Texas legislation!

You need to read some more Constitution. According to Article II, Section II, the President is the Commander in Chief of the Standing Military (the Army and the Navy), and The Militia of the several states when called into service of the United States. And who is it who calls up the Militia into Federal service? The President... And what are the Constitutional requirements that have to be met for the President to call up the state militia into federal service? There are none... There are some in Title 10 U.S. Code... but those are pretty easy to meet, or manipulate, depending on how much of a skid mark the president is.

From the Texas State Guard's own website: "Headquartered at Camp Mabry in Austin, Texas, the TXSG functions as an organized state militia under the authority of Title 32 of the U.S. Code and Chapter 437 of the Texas Government Code."

Clearly, the Texas State Guard cannot be "only controlled by the Governor" per the CONUS.

So, since we all love and adore the Constitution, and we all seek to follow it to the letter.. the Texas State Guard is declared to be THE state militia of Texas, so if we all are declared to be members, and the President calls up our militia into federal service, and as their sole act of that federal service, that militia is told to stand down and deposit their arms into the local National Guard Armory... What are you going to do then?

See the problem with the whole "fight government overreach via a militia" idea. It is not going to work like you think it is going to work.

The only thing that will ever stop our government, or make them think twice is: Come and Take it.