Hunkered Down in Bremerton

Militias and the Right to Bear Arms

This week we learned of a plot by a so called right wing "militia" to kidnap and kill Michigan governor GretchenWidmer. This is probably the scariest occurance during the election season. Is this a harbinger of things to come? I sincerely hope not but we must be prepared for the eventualities that there will be violence during and following the election.

The violence will likely come from these "militias" with the tacit approval of Soon to Be Ex-President Trump. First off and most importantly these organizations or groups are not "militias"... THEY ARE TERRORIST ORGANIZATIONS. Their intent is to commit treason on the government of the United States. They nust be treated like terrorists by Patriotic Americans on both sides of the political spectrum.

The term "militia" comes up because of the wording of the Second Amendment to the Constitution (which is one sentence long). "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Pretty simple yet pretty complex and everyone reads it differently.

Congress and the President decided over one hundred years ago with the "Militia Act of 1903" what is and most importantly what isn't a militia. An organized militia consists of the National Guard and Naval Militia units organized by an regulated by the individual states. It also recognizes an unorganized militia comprised of every able bodied man who is not a member of an organized militia. It clearly follows that the only manner in which members of an unorganized militia can be part of an organized militia is individuals to join organized militia units. There can be, by definition, no militia organizations outside of those organized by and regulated by states.

Every other group that calls itself a militia is violating the Militia Act. Every other group that calls itself a militia should be suspected of being a TERRORIST ORGANIZATION unless they can prove otherwise.

Back to the Second Amendment. Please read it several times. It is clear to me that the purpose was to allow for the creation of a WELL REGULATED MILITIA. The well regulated militia was firmly established in law with Militia Act.

The subsidiary clause in the amendment prohibits the infringement (by the United States Government) of the right to keep and bear arms, but within the context of individual states establishing WELL REGULATED MILITIAS. It does not provide a universal right to keep and bare arms.

If the Founding Fathers intent was establishing the right for universal gun ownership, the Second Amendment would read "The right of the people to keep and bear arms shall not be infringed.

The second amendment gives states the right create WELL REGULATED MILITIAS. The individual states (not the Congress) have the legal right to allow less than universal, unrestricted firearm ownership. The individual states have the legal ability to regulate firearm ownership and use.

 

Howard B. Julien

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Updated October 10, 2020