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The Militia

Did the title of this blog post get a rise out of you?  Positively or negatively?

Back in the day, I considered myself to be a militia member.  Not a weekend-warrior-white-supremacist-bomb-thrower, but a reasonably healthy, disabled American male, between 17 and 45 years of age (per statute), charged with defense of my Country, should the need arise.

All this interest came about when President Clinton succeeded in forcing through a so-called Assault Weapons Ban over a Thanksgiving weekend, and I saw my natural rights being usurped, yet again.  I’d a few handguns and a shotgun. As I owned no ‘forbidden’ rifles, like-minded friends gifted me an MAK-90 (a Korean semi AK clone) with a ‘legal’ thumb-hole stock.  I promptly went into hock purchasing a few 30 round magazines at inflated prices (due to the impending legislation).   And purchased standard (AK) furniture for her!  We even called ourselves (with tongues firmly in our cheeks) The N******** Militia (based on where they lived).  Our spiritual member claimed she was Buddhist, so we gave her a Buddhist chaplain military uniform insignia – I had no idea there even was such a thing. 🙂

And we joked about getting one of those plastic magnetic door signs for our Isuzu Troopers, to read ANFO Distributing.  We were young and foolish, and this was prior to the Oklahoma City bombing.

And we went out to the desert, and shot, and collected firearms, and had fun, and wrote our legislators about our concerns, and even protested further gun controls on the Arizona Capitol grounds!

But between Waco and Oklahoma City, the mainstream media had successfully changed the public perception of ‘the militia’ from one of simple ignorance to one of derision and hate.  The Southern Poverty Law Center (a leftist propaganda group – you’ll note I didn’t provide a link!) was largely responsible for this shift.  And, of course, the handfuls of armed idiots in cammie pjs who ran around making bad names for the vast majority rest of us.

And we stopped joking about being in “the militia”.  We still were; we just stopped talking about it.  Didn’t want to get swept up in some ATF dragnet of legal gun owners looking for shotguns cut 1/2 inch too short! (see Randy Weaver)

Now, of course, I can’t afford to shoot much, and am even more disabled, so there’s less going to the desert. My combat boots have been replaced with orthopedic shoes with Velcro closures.  And standing in front of the State Capitol is generally too painful.

American Mercenary brought this all back to me with a recent post entitled,

The Militia and the Armed Forces, why legal fictions matter

in a reaction to LTC Bateman’s recent comments regarding gun control and the military.

…Without going into the various revisions of “what is the militia” and everything that we learned from the Civil War and Indian Wars I’ll skip forward to 1903.  This redesigned the “militia” to create the “organized militia” in the form of the National Guard, and the “reserve militia” which is every able bodied man from 18 to 45 years of age.  LTC Bateman’s insistence that the militia is solely the National Guard is patently false simply by the legalities of how we define the militia in law.

I may be over 45 years, and disabled (less able bodied?), and I can still shoot.  But…

…The Governors of those states are currently within their authority to call forth the militia to augment local law enforcement and confiscate those evil assault rifles.

And that is why the legal fight over who is the militia, and who isn’t, matters.

I guess, for once, I’m glad I’m no longer under 45!

About guffaw1952

I'm a child of the 50's. libertarian, now medically-retired. I've been a certified firearms trainer, a private investigator, and worked for a major credit card company for almost 22 years. I am a proud NRA Life Member. I am a limited-government, free-market capitalist, who believes in the U.S. Constitution and the Rule of Law.


20 thoughts on “The Militia

  1. On the other hand, sir, consider this: if the “well-regulated militia” of Constitutional wording only applies to those under 45, watch for some Dimocritter to try to make it illegal for older folks to own firearms.

    Posted by Rev. Paul | December 11, 2013, 7:54 am
  2. It is a fact that the central government has, without objection from the states, redefined the “militia” to be exclusively the National Guard, but that hardly matters when you are faced with a government that recognizes no limits to its own authority in any matter. All levels of government grant unto themselves the unchallenged authority to do whatever they wish and see challenges only when what they wish is to support a conservative value. Thus, no matter how many time the Supreme court rules on it, you still can’t buy a gun in DC, or own on in Chicago or NYC, unless you have political connections.

    With 200 years of hindsight, it was a mistake for the Framers to link gun ownership to the militia. It should have been described as an inviolable right of citizenship (not a human right), and trumping state constitutions..

    Posted by Professor Hale | December 11, 2013, 8:08 am
    • Interesting perspective. Thanks.
      I do think all people have a right of self defense, though.
      Even if one is here illegally, or a legal alien.

      (THERE! That oughta open the floodgates!)

      Posted by guffaw1952 | December 11, 2013, 8:25 am
      • I totally agree with you. Self defense (self-preservation) is a God given right, even for Atheists, Pagans, and Communists. But an alien with a gun is an invader. He should exercise his right of self defense in his own country. We should sell him good quality American made guns at the duty free store in the airport and he can pick them up on the way OUT.

        As a practical matter, we need a way to tell the difference between an invading Army and a bunch of tourists with matching shirts.

        Posted by Professor Hale | December 11, 2013, 8:34 am
      • Thanks.
        If an alien is here legally?
        What about illegally? Don’t even prostitutes have the right of defense against rape?

        More food for thought.

        Posted by guffaw1952 | December 11, 2013, 8:47 am
      • No doubt. I’ll see your “prostitutes” and raise you criminals, crazy people, and children.

        Posted by Professor Hale | December 11, 2013, 9:16 am
      • If a person is the victim of an unprovoked attack, do they not have the right of self-defense?
        Certainly not a criminal in furtherance of his crime. Who decides who is crazy? And what is crazy? Should the gov’t decide?
        And we’ve seen more and more in the news about children defending their homes against invasion…

        Posted by guffaw1952 | December 11, 2013, 9:38 am
      • A criminal, in the furtherance of his crime, still retains the right to self defense. He has no right to harm the crime victim, but he may defend himself from his co-conspirator partner who wants to keep the spoils all to himself.

        But then, such people are seldom going to resort to the courts to settle their disputes.

        As for crazy people, the rule is easy: Crazy enough to be in an institution = no guns for you. Sane enough to be walking free without a court appointed guardian, Here’s your gun.

        in each case, it should take an impartial court to deprive a right and then only on good cause, with very few good causes being accepted. Incapacity to participate in self defense being chief among them.

        Posted by Professor Hale | December 11, 2013, 9:52 am
      • Until ‘they’ start locking up gun owners for being ‘crazy’ (depressed, PMS, out-of-sorts, wrong politics)

        Posted by guffaw1952 | December 11, 2013, 10:21 am
      • Refer back to self-defense.

        Being deprived of liberty is being deprived of life. Expect most people will not cooperate, unless they are crazy.

        Posted by Professor Hale | December 11, 2013, 10:23 am
      • You’re an optimist! 🙂
        Look to The Holocaust and The Killing Fields. Most people are sheep.

        Posted by guffaw1952 | December 11, 2013, 10:28 am
      • Most people are wolves who have been raised by sheep. They only need a taste of blood to remember their heritage as a predator. Holocaust = modern state of Israel where all the white people carry guns (Big guns). Sept 11 attacks, first three planes hit their targets, but the passengers on the fourth plane fought back because they learned a very fast sobering lesson.

        America was settled by the decedents of people who had fled the feudalism of Europe. We have a right to bear arms (except in DC, NYC, and Illinois) specifically because Arms control historically is how the Aristocracy maintains power over the serfs. Serfs with guns are dangerous. A peasant with a pistol is the equal of a Samurai. A farmer with a crossbow is the equal of the mounted knight. Arms make us free.

        Posted by Professor Hale | December 11, 2013, 10:36 am
      • That arms do…

        Posted by guffaw1952 | December 11, 2013, 10:45 am
      • One can’t delegate God given rights, and all the poo poo about who may or may not own a fire arm, or any other means of self defense is nothing less than usurpation of God’s authority. Period.

        Posted by wildriver | December 11, 2013, 8:51 am
      • Good point!
        We start deciding who among us has rights, well…

        Posted by guffaw1952 | December 11, 2013, 9:33 am
  3. David Codrea has the same opinion I have about gun ownership. If you can’t be trusted with a gun, you can’t be trusted without a custodian. Violent criminals need to be locked in a cage until they can either play well with others or they die. Anyone that serves their time and can get along in society, here’s your gun. People screw up. It’s just a fact of life. After they have paid their debt, they should have all of their rights back.

    Posted by robertsgunshop | December 11, 2013, 2:43 pm
  4. When it was written, 45 was about the ‘death’ age…

    Posted by Old NFO | December 11, 2013, 4:42 pm

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