Thoughts concerning the State Militia?
Posted: Mon Oct 05, 2009 8:53 pm
So we now have the supreme court recognising the fact that the 2nd Ammendment recognizises a preexisting right to keep and bear arms within ones home for self defense, that is only half the purpose of the ammendment. It will take the next 100 - 200 years to realize all of the implications of this and we cant stop fighting now. Here is a brainstorm that I wanted to run past yall. Assuming the State of Texas retains a militia, seperate from the national or state guard, and separate from the "State" of the United States of America, but a larger group from which a subset would make up the national militia (obviously the federal government defines it's militia under 18 USC 13.311) my thinking is this:
The militia of the United States of America has a restirctive definition and service is compulsory. Say the governor, state legislature, or attorney general sets out a new definition for who comprises the state militia, with the new definition including everyone who is a WILLING male or female, over 18 years of age, and in good health. Require the militia to be "well organized" by requiring a criminal background check exactly like the CHL program, and pass a markmanship verification at least once every 5 years, demonstrating proficiency with a pistol and a rifle, and go through a basic training class along the lines of the chl program covering basic firearms safety. Require militia members to equip themselves (just like the original militia requirements) with one set of uniforms (old bdu's with name tapes, one set of surplus web gear, canteen etc.) a serviceable pistol (according to requirements such as minimum caliber, minimum magazine capacity etc) and a serviceable rifle (again minimum requirements but written to require at a minimum the current issue weapon of the US army the M4A1 or M16A2) acording to a set of requirements released by the AG or governors office. Remove the prohibition on open carry of a handgun for the militia.
I think this could solve a number of issues at once and be politically doable. First it would placate the open carry crowd and prevent them from giving all the politicians a bad taste in their mouth with their poor lobying tactics. Second and much much more importantly I think it could set the ground work for regaining our MG rights through the legal system while safeguarding the other half of the 2nd Ammendment which is to be able to keep and bear arms for the "security of a FREE state". It would be very easy with this to then apply for transfer of a post '86 M4A1 and get denied by the ATF and then appeal to the judicial system for the federal government infringing on your 2nd Ammendment right to keep and bear arms as a part of the well regulated state militia. It sets up a great case for strengthening our 2A rights in the judicial system, due to the fact that by state law, in order to serve in the well regulated militia of the State of Texas, you must posses a serviceable rifle that is in contemporary use by the nation's military (just like the framers of the constitution understood.) The state politicians get the political capital by passing the very conservative, constitutionally sound, legislation in support of the strong rights of the State of Texas, and they dont have the repercusions of pushing for "deadly assault rifles and machine guns" since they are currently outlawed under federal law (at least reasonably priced they are) and the program would be viewed as largely symbolic at first much like the Montana legislation for exempting locally made firearms from federal law. Seems like a win win for everyone in the state.
Thoughts?
The militia of the United States of America has a restirctive definition and service is compulsory. Say the governor, state legislature, or attorney general sets out a new definition for who comprises the state militia, with the new definition including everyone who is a WILLING male or female, over 18 years of age, and in good health. Require the militia to be "well organized" by requiring a criminal background check exactly like the CHL program, and pass a markmanship verification at least once every 5 years, demonstrating proficiency with a pistol and a rifle, and go through a basic training class along the lines of the chl program covering basic firearms safety. Require militia members to equip themselves (just like the original militia requirements) with one set of uniforms (old bdu's with name tapes, one set of surplus web gear, canteen etc.) a serviceable pistol (according to requirements such as minimum caliber, minimum magazine capacity etc) and a serviceable rifle (again minimum requirements but written to require at a minimum the current issue weapon of the US army the M4A1 or M16A2) acording to a set of requirements released by the AG or governors office. Remove the prohibition on open carry of a handgun for the militia.
I think this could solve a number of issues at once and be politically doable. First it would placate the open carry crowd and prevent them from giving all the politicians a bad taste in their mouth with their poor lobying tactics. Second and much much more importantly I think it could set the ground work for regaining our MG rights through the legal system while safeguarding the other half of the 2nd Ammendment which is to be able to keep and bear arms for the "security of a FREE state". It would be very easy with this to then apply for transfer of a post '86 M4A1 and get denied by the ATF and then appeal to the judicial system for the federal government infringing on your 2nd Ammendment right to keep and bear arms as a part of the well regulated state militia. It sets up a great case for strengthening our 2A rights in the judicial system, due to the fact that by state law, in order to serve in the well regulated militia of the State of Texas, you must posses a serviceable rifle that is in contemporary use by the nation's military (just like the framers of the constitution understood.) The state politicians get the political capital by passing the very conservative, constitutionally sound, legislation in support of the strong rights of the State of Texas, and they dont have the repercusions of pushing for "deadly assault rifles and machine guns" since they are currently outlawed under federal law (at least reasonably priced they are) and the program would be viewed as largely symbolic at first much like the Montana legislation for exempting locally made firearms from federal law. Seems like a win win for everyone in the state.
Thoughts?