Charlottesville Lawsuit Claims 2nd Amendment Does Not Protect Militias?

Posted: October 17, 2017 by gamegetterII in Uncategorized

https://www.ammoland.com/2017/10/charlottesville-2nd-amendment-does-not-protect-militias/?utm_source=Ammoland+Subscribers&utm_campaign=d9a7a27585-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_6f6fac3eaa-d9a7a27585-21028605#axzz4vlmEYbNW

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  1. While I think this is a BS lawsuit, the key thing to define is “What is a militia?”. Starting with the 1791/2 “Militia Act”, militias were regulated by the State of residence. Authority for a militia to take action came from the State, and specifically the Governor or his representative. These guys don’t represent the States of PA, VA, or NY any more than a sports team from those States do. Barry’s analogy of “Joe’s Armed Gang” is unfortunately represented here, and there action at C-Ville was the reason I wrote the post “Moolisha”.
    https://masondixontactical.wordpress.com/2017/08/25/moolisha/
    Do I think these guys are bad guys? Hell No! I know a number of them. Do I think they are misguided in what they think is the correct way to go about it? Yes. They are showing the world their “wannabe”, “attention whore” self, and it is now biting them in the ass. You know what the difference between them and the Antifa Moolisha? Antifa is standing for their belief, and these guys think they are the cops. I about lost it when they stressed multiple times in interviews how much they hated the WN/WS, Neo-Nazi’s, but then started talking about finding common ground with BLM and Antifa members. They want to ride the fence and look like they are willing to compromise, and there is no compromise with communists. Supporting and protecting the right of communists who want to destroy our nation is antithesis to what militias were intended to do. We have told them for a few years now that they had no authority and were deluding themselves about their ability. They were told to quit being high profile and concentrate on realistic training, not perceptive selfie BS. They wanted attention, now they have it. They’ll be lucky if VA doesn’t bring some kind of criminal charges against them for trying to intimidate the public at the protest (both Yingling and Curbelo said they knew they were intimidating in interviews) and being “Armed Security” without the “OK” of local LE’s and having the quals and certs required in VA to do it (yes, there are requirements for armed security, imagine that.). Were they malicious? NO! Were they dumbass, wannabes with delusions of grandeur and attention whores? Most assuredly. BTW, Getting into a debate about what the 2nd Amendment says and means with these lawsuit hungry guys is fruitless. The 2nd Amendment basically authorizes people to own weapons because they are still part of what the 1903 Dick Act says is the ” “UNORGANIZED MILITIA”. The 1903 DA made the “ORGANIZED MILITIA” the “Stand to”, “well regulated” part of the militia, and it made a section for everyone else that could be called up to fight if necessary. The term “unorganized” means there is NO ORGANIZATION. The military, whether Active Duty, Federal Reserves, National Guard, State Defense Forces (if their state has it), or Unorganized Militia (Selective Service/draft pool) is still regulated by people that were elected by the people. All of the groups I just listed are still “Well Regulated”, but some are organized for immediate action, and some (Unorganized militia/Selective Service) are not. Any group calling itself a “Militia”, but is not regulated by a County (Sheriff-Posse), State (Governor or State Mil Dept), or the Nation (President or his representatives in the Joint Chiefs/Nat. Guard Bureau) is not a “militia” in the strictest use of the term in the 2nd Amendment, they are “Joe’s Armed Gang” with no authority due to no elected civilian oversight. Real Colonels don’t dictate the mission of their force, they only decide how, when and where to do it, and they don’t go outside of the scope of the authority given to them by their civilian masters. These guys (Antifa, Lightfoot, III%ers, etc) aren’t the “Militia” of the 2nd Amendment, they are private forces with personal goals, end state desires, and no authority.

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    • gamegetterII says:

      I agree with you on the moolisha issue.
      Almost all are exactly as SFC Barry said-Joe’s armed gang.
      There was a SCOTUS decision in I believe the 1990’s which held that the National Guard/reserves are under the control of/a part of the U.S. Army/military and as such are not to be considered a part of the militia.
      Perpich-vs-DOD is the case-(I think)
      That somewhat changes the classification or definition of the organized militia.

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      • If federalized, yes. But it depends on whether it is state or federal orders as well, and look at who appoints the Officers. During a drill weekend and Annual Training, they are on state orders and fall under state militia law for punishment (not UCMJ). Keep in mind when the Founding Fathers wrote what they did regarding militia, they were not planning on having a standing army. Any SCOTUS decision that the NG is not militia has to take that into account, and I don’t believe that case did.

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