Sunday, February 12, 2006

The General Militia

I have previously written about the potential use of the “General Militia” for controlling drug smugglers, returning deported persons (Often members of dangerous and organized criminal gangs), bearers of untreatable diseases (eg Drug resistant TB), potential terrorists and others illegally crossing our border with Mexico. I have also suggested OR insisted that the Second Amendment to the Constitution, in its reference to a “militia”, implies the general militia and NOT the National Guard (Not established until the year 1919). Therefore, I suggest that it would be wise to examine the Law as to what the “general militia” is and I offer the section of the United States Code reproduced below.

U.S. Code as of: 01/06/03

Section 311. Militia: composition and classes

      (a) The militia of the United States consists of all able-bodied
males at least 17 years of age and, except as provided in section
313 of title 32, under 45 years of age who are, or who have made a
declaration of intention to become, citizens of the United States
and of female citizens of the United States who are members of the
National Guard.
(b) The classes of the militia are -
(1) the organized militia, which consists of the National Guard
and the Naval Militia; and
(2) the unorganized militia, which consists of the members of
the militia who are not members of the National Guard or the
Naval Militia.

Of course, those provisions limiting membership to males and only up to 45-years of age would probably
be declared unconstitutional as might the rather loose term “able-bodied”. Therefore, you, I and our Uncle
Harry and Aunt Harriet would probably be eligible for membership in any constitutional “general militia”
and, therefore, entitled to the personal possession of modern military arms and subject to a “call up” in such
cases as invasions of the USA as now represented by the uncontrolled flow of criminals across our borders.

Of course, we should consider some special members of the general public as special, “ready reserve”,
members of our “general militia”---Such as honorably discharged members of the Coast Guard and
our Armed Forces, honorably retired peace officers, members of organized shooting clubs, etc..
Those persons, if they volunteer, should be issued or lent standard military weapons, provided
200-plus rounds/year for supervised shooting practice, required to take 40-hours of other instruction/year
and made eligible for up to six-months service in such locations,
within the USA, where the Armed Forces
and National Guard and law enforcement officers are unable to keep the peace or protect the nation from
invasion---Such as on our border with Mexico or in the looter plagued areas hit by Hurricane Katrina.

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