Posts Tagged ‘Militia’

Section 311 of US Code Title 10, “Militia: composition and classes”

Sunday, December 27th, 2009

Randy Barnett explores the role of the unorganized militia in fighting terrorism.

According to press reports, a passenger helped subdue the terrorist who was attempting to bring down Northwest #253. This again highlights the importance of the unorganized militia in asymetric warfare. In Saved by the Militia, I offered this analysis in the wake of the success of the general militia on United Airlines #93 in defending Washington from terrorist attack on 9/11:

The characterization of these heroes as members of the militia is not just the opinion of one law professor. It is clearly stated in Federal statutes. Perhaps you will not believe me unless I quote Section 311 of US Code Title 10, entitled, “Militia: composition and classes” in its entirety (with emphases added):

“(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.”

I’m occasionally guilty of saying that the National Guard is not part of the militia, because it’s part of the Army. Now I know better.

Read the rest of Barnett’s article for a partial explanation of why the unorganized militia is also crucial to the security of a free state.

Armed Militia in Action

Thursday, October 23rd, 2008

Billy Beck demonstrates how it’s supposed to work:

That kid was frightened when I yelled “Hello!” up the road at him.

For years now, people have been hiking and biking up and down Daisy Hollow. It’s really funny: they roll out here from Ithaca or wherever in all their gear. Hikers walking with ski-poles in the summer. You name it, etc. People who live out here think they’re cute. When I go walking, I go up on the hill with a rifle.

The very first time I laid eyes on him, he looked like he was walking out the end of a neighbor’s driveway. He’d made about seventy-five yards up the road by the time I had my boots on and was out the door.

Walking up to him, I could see that he was apprehensive. I said from about fifteen yards away, “I hope you will understand why this is necessary.” I had all his attention, now. I’d say he was in his early twenties.

“You know,” I told him, “We’ve been watching people hike up & down this valley for a long time, but that is the very first time I ever saw what looked like someone coming out of that driveway.”

Read the rest to see how it comes out.

That’s all an armed citizenry is about, folks: people looking out for each other.

[Edit: In comments, Beck clarifies he was not armed for this encounter. I believe the overall point stands.]

As always, Robert Peel’s Policing Principle Seven holds: “…the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent upon every citizen in the interests of community welfare and existence.”

Beck takes a lot of heat for things like not paying taxes, not enlisting, not shouldering his share of the social responsibility.

That right there is Beck doing his share, directly, not subcontracting it to someone in a uniform. He exposed himself to risk, he accepted the potential responsibility of putting someone to death on the spot.

I can’t point to the last time I did that. Can you?


Moreover, he accepts that burden without setting himself as an Only One who can act with Officially-backed impunity. Like, oh,  Grady County Oklahoma Deputy Sean Knight [Link via Beck, here.]

“A Trained, Armed Body of Citizen Volunteers”

Friday, March 28th, 2008

Doc Russia clarifies the Second Amendment with a clever bit of substitution:

while we may not like what the second amendment says inn some places, we cannot choose to quote “a well-regulated militia” while we ignore “shall not be infringed,” or vice versa. I think that we have been focusing too much on the word militia, and too little on well-regulated. After all, what would be the difference between a well-regulated militia, and a poorly-regulated one?

Training.

It was a revelation to me, and when it occurred to me, I was actually a little pissed that it had not occurred to me earlier. Why are even gun banners okay with cops carrying guns? Because they are trained to do that. Why is a seventeen year old flying gang colors with a machine gun terrifying, but the same seventeen year old with a machine gun is reassuring when he wears the uniform of a US Marine? Because the Marine is trained to use the machine gun, and the uniform is the outward sign of that training.

Think about it. The militia was a group of unpaid citizens who volunteered to go through the training necessary to bear arms in the field against aggressors. To shorten this, let us substitute “militia” for “an armed body of citizen volunteers.” If we now apply “well-regulated” to mean “training,” the second amendment seems to become somewhat clearer.

“A trained, armed body of citizen volunteers, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”

So, how would this play out in [D.C. v. Heller], should the Supremes decide to rule along these lines? Well, it would be a simple matter of saying that whatever requirements the states place upon what the lowest level of training one must have to carry a gun as a public servant is, then that is the level which allows a public citizen to carry the same gun.

The more that I think about it, the more I like this idea, for several reasons.

First, it actually clarifies the constitution, instead of either taking sides on an issue, or kicking the can down the road. Second, it is consistent with the rest of the constitution in its tradition of setting up powerful interests in competition with each other. So, you have a state which must reconcile what it will allow its citizens to do, and then holding its own agents to the same standards. So, this effectively eliminates the possibility that the state governments will say that it’s okay for their cops and political allies to defend themselves, but the average citizen cannot. Along the same lines, it will help to diminish the growing ‘us versus them’ mentality in many police departments where they hold cops to one standard, and “civilians” to another (never mind the fact that unless you are subject to the UCMJ, you are a civilian). It also eliminates the ridiculous situation where a retired combat veteran MP is not allowed to own a gun, but the city dog catcher, who has had no formal firearms training, can.

This solution also allows for the individual states to decide what requirements are appropriate for them, and does not force Hawaii to conform to the same standards as Texas, which is also consistent with the manner in which the constitution was written with strong states’ rights.

This training threshold would be the highest standard that the state could impose upon the individual, as anything more would be considered unreasonable. The State would of course retain the ability to loosen its requirements for citizens, and may, indeed, not have any requirements, should it so choose.

[Emphasis and minor spelling and grammar editing mine.]

Want to talk about “reasonable regulation”? This is what it looks like. Gun-grabbers often talk about how you have to be trained and licensed to drive a car, but guns are “completely unregulated”. [Scare quotes on that last because, of course, in most jurisdictions it's simply not true--and in some jurisdictions, such as D.C., New Jersey, and Chicago, it's scarily not true.]

Here’s my take on militia training. I should emphasize that this training must be also be available to adults, for those who didn’t take the suggested high school course.

Also, as noted in my militia article, passing this level of training must not be a prerequisite of home firearm ownership. Disabled persons have the right to defend themselves from their wheelchairs or even beds. Nevertheless, I think it’s reasonable to impose legal training requirements, and possibly even a very minimum range requirement. (If you can’t hold your aim on a target seven yards away, sorry, but you are a hazard to your neighbors. Otherwise, this is a good goad to acquiring your license before being confined to your bed.)

Of course, while age or infirmity might disqualify from active militia service, your right to arm yourself in your home must never be revocable except by due process–which means jury trial, not some pissant administrative hearing that takes place out of your notice.

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In his previous article, Doc Russia makes it clear why we must be free to arm ourselves:
Youtube Video Link

Right to Join A Militia

Sunday, December 16th, 2007

The Volokh Conspiracy points to a fairly even-handed New York Times discussion of commas in the Second Amendment.

In the comments, though, I found this:

“The question that criticizers like yourself never answer is what role the Militia Clause actually plays.”

How about this: the people’s right to keep and bear arms includes their right to join a (loosely) organized militia. Militia service would not be a prerequisite for owning a firearm. (Disabled folk especially must be allowed to arm themselves for self-defense.)

Enrollees should, I think, be issued at least a semiauto version of the current military issue weapon, if they do not already own one.

The vision that I have is high schools offering a voluntary Militia class, along the same lines as Drivers’ Education. This would include:

  • A review of BOR law.
  • Instruction on how to comport yourself during a police stop. (“Keep your mouth shut and don’t consent to any search.”)
  • Instruction on how to comport yourself as a juror or a witness.
  • Expanded Citizens’ Emergency Response Team (CERT) training, including firefighting, search and rescue, and first aid through CPR. Extra credit for obtaining a ham license.
  • And the capstone: Firearms training with rifle and pistol, including self defense law, practical shooting exercises, and paintball battles.

All to be taught, per Heinlein, by combat vets.

Annual inspection and training musters, at which you are expected to bring your personal firearm and emergency response kit.

Of course, this earns you a spot on the emergency response phone tree.

And see Volokh’s own answer to this question, at length, here.

[update]Comments and Trackbacks disabled on this, my most popular post, due to evil shit eating spammers, who in my mind are simply thieves. Email me if you have something on point to say.

[update2]Comments re-enabled after linking in Slashdot. Add suggestion concerning issue weapons.