A modern militia

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Samarkand

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A brief note about the musings in this post: I am not about to make a gun control argument that licensing/registration/etc. are legitimate exercises of federal or state power over the militia of the several states. I *am* of the opinion that the "well-regulated militia" defined in the 2nd Amendment and the Articles of the Constitution has changed so much since the 1903 Dick Act that it endangers the spirit and purpose the 2nd Amendment: that trained, armed, organized state militias composed of the whole of the able bodied citizenry who had custody of arms either privately acquired or assigned to them by Congress under that Constitutional power was neccessary for defense against civil disorder and potential tyranny. We see this in the gun control arguments that the 2nd Amendment is a historical artifact from the days before the National Guard existed.

The argument over whether a citizen's militia or a standing army is the most effective for defense of the nation has been settled in favour of a permanent volunteer army backed by a reserve of volunteer part-time troops, supplemented by a draft in extremis. The position of the US in the world and the complexity of its military needs require it, despite this being exactly the opposite of the Founders' intentions. Unfortunately, this state of affairs is exactly what allows the gun-control lobby to say there is no modern need for a citizenry to own firearms for the common defence. Just the existence of an armed citizenry doesn't make it a militia, without the formal structure the Constitution gives Congress the power to define. I'm going to suggest that recreating the old militia in a modern form would become a legal bulwark against confiscation arguments, and also revive the idea of common defense for the modern day.

My model for a "thoroughly modern militia" comes from two RL examples: the Swiss method of a universal, compulsory citizen's militia and the Kennesaw, GA law about every household being required (unless they "really don't want to"). Yes, I do think such service would be compulsory, not volunteer. That's how the original militias worked, after all. The law in question would enroll every able bodied citizen in a State Defense Force (the state-only militias allowed by Congress), and require anyone who chooses to own arms to train and show themselves capable of using said weapons. Basically, able to hit a man sized target and handle them safely. Essentially similar to a rifle CMP or CCW certification. The failure to achieve this would be through fines for failing a test during muster, NOT denial of firearms ownership. People who choose not to keep arms could have an "alternative service" where they agree to train for other tasks (first aid, communications, etc.)

The mechanisms for avoiding the kind of apathy that lead the original state militias would be financial incentives. Become proficient in marksmanship above a basic level? Get a stipend. School yourself in responding well at a bi-monthly drill session, an additional bonus. Same for schooling yourself in useful specialties like medic training and such. Additional incentives would be free or subsidized ammunition for training, right to use state police or National Guard ranges for target practise, etc. Training would be through the "one Saturday a month" used in existing State Guards (a muster system), and supplemented by training on one's own time through CMP-like arrangents or distance learning techniques (videos, websites, etc.) Funding could be on the basis of...well, the gasoline tax being used to maintain the public highway system. Hunting licenses and (low!) taxes on firearms or ammunition

What would you get? Well, nothing close to the professionalism or training of a National Guard unit. But it would provide, at the very least, an organized group of citizens capable of basic marksmanship and battle drill. One capable of being called up by the governor or a country sheriff (as a deputized posse), or alternatively forming the basis for town or neighbourhood militia units to join up in the wake of a natural disaster or civil disorder in the manner of the "Algiers Milita". And also proof that a citizenry armed with weapons they keep themselves *is* a viable and valuable addition to the security of the Republic.
 
Great post, very thoughtfull.

The main problem is the MSM has taught us that the only people in the modern militia are people like McViegh, "angry white guys who hate minorities and like beer and the KKK".

It will be a huge stumbling block against a militia, even GW called the
Minuteman "vigilantes"...
 
vig·i·lan·te
Pronunciation: "vi-j&-'lan-tE
Function: noun
Etymology: Spanish, watchman, guard, from vigilante vigilant, from Latin vigilant-, vigilans
: a member of a volunteer committee organized to suppress and punish crime summarily (as when the processes of law appear inadequate)

Sounds good to me... not quite the admission of guilt that Bush should give, but otherwise okay. :)
 
Great Ideas, Samarkand

I'd only point out two things:

First thing is that the Constitution, including the Second Amendment, does not define what the militia is. The militia preexisted the Constitution, and the Constitution speaks of the militia in that context. To know what the militia is, one only need look it up in the dictionary, as one would look up the definition of 'water'. militia n an army composed of civilians called out in time of emergency.

The second thing relates to what you stated here:

"Unfortunately, this state of affairs is exactly what allows the gun-control lobby to say there is no modern need for a citizenry to own firearms for the common defen(s)e."

The 'common defense' is as much for protection from forces within our own government as it is for protection from forces without. All too often, this argument is poo-pooed or ignored completely by the 'disarm the citizens' crowd in an attempt to bolster their argument for no need to call out the militia in these modern times. They miss half - and probably the most important half - of the need for an armed citizenry. Your proposals would cement that security.

It is, as you say, "... a viable and valuable addition to the security of the Republic." Truly, it is essential. And, it was 'added' when the Constitution was drafted!

Woody

You all need to remember where the real middle is. It is the Constitution. The Constitution is the biggest compromise - the best compromise - ever written. It is where distribution of power and security of the common good meets with the protection of rights, freedom, and personal sovereignty. B.E.Wood
 
To be honest, I rather thought I'd get a "you're crazy" or "this is impractical".

A couple responses to issues raised:

Naturally, the word "militia" would not be used. In fact, I'd suggested using what existing state volunteer militias call themselves these days: State Defense Forces or State Guards. They exist in many states as a supplement of paid-during-duty-only volunteers to help existing National Guard Units, or to take over NG functions if that state's National Guard is federalized and sent out of state. One of those State Guards--the Texas one--in fact has the power to draft citizens into it when a state of emergency exists. Most are trained for disaster-response or military police tasks, with a few capable of very basic light infantry operations.

Since State Guards have existed for a considerable amount of time--they have been raised off and on since WWI--and have quite a good (if little known) record of service, they wouldn't get tagged with the dreaded "m" word. Bonus--SDF's are NOT considered federal assets. By their very nature they cannot be federalized and sent out of state, although governors have loaned elements of their SDF's to other states during crises like Katrina. They don't get any federal money or access to federal military facilities (aside from that state's NG armories).

Woody: Yes, you are right about the basic definition of the militia. The Articles of the Constitution and the later 1792 Militia Act also imply that the militia of armed citizen soldiers were subject to rules, organization, and training defined by Congress. My point in this post is that the armed citizenry is the clay from which a well-regulated militia is formed. The existence of a militia of the people is supposed to be a check to government tyranny or corruption in the realm of military force, not its primary purpose.

I get a bit nervous about the idea that gun ownership=being a member of the unorganized militia. It may be legally arguable under the law, but it strays a bit too close to the fears people have of uncontrollable mobs with guns. A revival of the old "citizen's call to the muster" would put paid to the idea of anarchic overtones the gun control lobby can use against the RKBA. To be valid, any militia *must* be recognized and operate under the rule of law established by the "civilian power" mentioned in the state constitutional articles that inspired the Second Amendment.

One final thought: how an expanded State Defense Force would enforce recruitment. Reviewing my proposals, I think it would be very politically difficult to mandate that "every citizen must have a firearm compatible with ammunition used by the forces of the US and sixty rounds of ammunition ready for when mustered or called for service". Even with an opt-out clause. It might be better for the compulsory service to be self selecting by having registration into the state defence force occur when purchasing arms or ammunition. A bit like an FFL-based "Selective Service". No, not some kind of militia based FOID card. But the act of arming oneself means one is liable to join the SDF to fulfill your contribution to the common defense. A bit like this:

*New resident of the State of Franklin is purchasing a deer rifle/handgun/military-style semi-auto at his friendly neighborhood gunstore*

"Right, here's my 4477."

"Very good sir, you've been cleared by NICS and...have you just moved to Franklin?"

"Yes, why?"

"Well, under the Franklin Common Defence Act of 2007, all citizens who purchase arms in this state are put on the registry for service in his or her local State Guard Company."

"Say what? What if I don't want to serve?"

"This is a mandatory duty required of all armed citizens, to be trained and ready for the call to defend our state in times of crisis. If you refuse to serve, I can still sell you this firearm. But you will be fined if you don't attend the next muster session, or refuse to put yourself down for alternative service ."

"Great--am I paid for this?"

"Unlike the National Guard, it is unpaid service unless you are called into action by the governor or your county sheriff. However, the time required is only one Saturday a month, and four yearly three-day-weekend training sessions which are considered paid state holidays."

"Doesn't sound that bad, but still..."

"There are also benefits. The State provides free weapons familiarization courses to all Franklin State Guard members, tax credits for demonstrating marksmanship and passing advanced skills courses provided by the Guard, subsidized ammunition purchases for target practise and maintaining the required 'ready reserve' of bullets for your weapon, etc. Plus, the local State Guard platoon has *awesome* barbecues after the muster sessions. We all chip in for a case of beer, and the police chief is a great man for grilling baby back ribs."

"No kidding?"

"Also, the Guard can provide for a reasonable cost a weapon more suited for military service. Weapons seized from criminals, or donations from concerned citizens, or bought as surplus from the feds. I think they have some good reconditioned M1 carbines and Yugo SKSes--"

;)

Hey, blue sky. But it may work, if followed through.
 
The common defense from the enemy within...

Of course, defending against the enemy within is why we need a militia nd exactly why the gun grabbers want to disarm the population. Guns in the hands of honest people terrify government thugs and their enablers.

We are just past the first anniversary of the "Kelo decision" by the Dishonorable Five on the SCOTUS. Land theft by gov't thugs for the purpose of real estate speculation is really getting cranked up. We need to have a group of armed people defending private property from gov't theft.

Here is a fact of life: Just because the SCOTUS uses the old, corrupt stratagem called "deliberate misinterpretation" as an excuse to abdicate its responsibility to defend a right, that right does not disappear. It becomes the DUTY and the RESPONSIBILITY of the people to defend that right. Hence we need the militia.

Waiting for the government to live up to its responsibility to defend the BoR is like hiring Col. Sanders to baby sit your chickens. The sole object of ANY government is to remove rights. Some start out with a "no rights" format such as the Facists. Others start as ours did, but the worms and termites started chewing up the BoR the day the ink dried on it.

If we do not defend the BoR, we are dead and deserve to be.

rr
 
The power to tax something is the power to ban it. If you care for an example, look at silencers. ten bucks to make one, and a two hundred dollar tax on it. Tax on ammunition is a bad idea.

Requiring service in the militia to purchase a firearm? Does that mean my 70 year old grandmother than can just barely answer her door has to go to the range every month? Any other physical requirements? You have got to be kidding??? Are you on the wrong forum?

The second ammendment has only 27 words in it, and even being that simple it is being misinterpreted. You want to add more regulations?

I am a second ammendment absolutist, and I think you should be able to buy a firearm with no more regulation than a new computer, ink jet printer, or a pair of shoes.

Freedom of speech is more than a quill pen now... the rkba is more than a muzzle loader now.
 
Citizen militias have legitimate functions. They should continue to perform them, continue to train with their firearms, and continue to serve their country. When it comes to opposing abuses in government, they should take any complaints to the ballot box and other avenues open under our political system. Of course, people cannot escape the fact that the Second Amendment and the Citizen Militia were put in place as a last resort to protect the people of this country from violent oppression and tyranny.
 
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