State national guard cannot be used outside the US

Discussion in 'Freedom and Liberty' started by -06, Jan 4, 2014.

  1. -06

    -06 Monkey+++

    Check this link out about what the three types of militia are and where they can be used: The NRA's Trump Card: The Dick Act of 1902
    Here is the first couple paragraphs:

    The The Militia Act of 1903, also known as the Dick act of 1902 might be the saving grace to the NRA. It is the Trump Card Enacted by the Congress Further Asserting the Second Amendment as Untouchable. It should rattle a few Progressives in the House and Senate. Any gun control would be breaking the law!
    Why is it we have all these laws on the books and no one knows about any of this previous legislation? Maybe our government needs to take the time to know what the present laws are before they make any more!
    I am curious as to why no one has even mentioned this previously, Politician or News Media………. Maybe, because it does not meet THEIR ”Political Agenda(s)?”
    The Dick Act of 1902 also divides the militia into three distinct and separate entities. The three classes H.R. 11654 provides for are the organized militia, henceforth known as the National Guard of the State, Territory and District of Columbia, the unorganized militia and the regular army. The militia encompasses every able-bodied male between the ages of 18 and 45. All members of the unorganized militia have the absolute personal right and 2nd Amendment right to keep and bear arms of any type, and as many as they can afford to buy. The Dick Act of 1902 cannot be repealed; to do so would violate bills of attainder and ex post facto laws which would be yet another gross violation of the U.S. Constitution and the Bill of Rights. The President of the United States has zero authority without violating the Constitution to call the National Guard to serve outside of their State borders. The National Guard Militia can only be required by the National Government for limited purposes specified in the Constitution (to uphold the laws of the Union; to suppress insurrection and repel invasion). These are the only purposes for which the General Government can call upon the National Guard. Attorney General Wickersham advised President Taft, the Organized Militia (the National Guard) can not be employed for offensive warfare outside the limits of the United States.
  2. kellory

    kellory An unemployed Jester, is nobody's fool. Banned

  3. Brokor

    Brokor Live Free or Cry Moderator Site Supporter+++ Founding Member

    Dick Act of 1902 - Gun Control FORBIDDEN!

    We have brought this up before, long ago. Always good to have it reintroduced for discussion, though.

    As far as any laws concerning the Constitution and common law may go, the current "government" does not operate under Constitutional Law since the Emergency of War Powers have been enacted (March, 1933). We live in a dictatorship, which is actually an oligarchy disguised as a democracy but is supposed to be a republic.

    This is how it happened.
    Tracy, Georgia_Boy and Silversnake like this.
  4. BTPost

    BTPost Stumpy Old Fart,Deadman Walking, Snow Monkey Moderator

    It is ALWAYS enlightening to read, and understand, Statutes "As Amended" when looking for what is the Law of the Land. It is ALSO understood, that there is NO STATUTE, that can NOT be Amended, or Repealed, including our Constitution, by the REQUIRED Specific Process, that are in place. No Congress is bound by the actions of any previous Congress. ......
  5. techsar

    techsar Monkey+++

    Didn't stop them (Nat. Guard) from being in Saudi back in 1991...right alongside regular duty units.

    But under the War Powers Act (one of FDR's first actions upon claiming the throne) it seems to be largely expected.
    Yard Dart and Brokor like this.
  6. tulianr

    tulianr Don Quixote de la Monkey

    Back in March of last year, South Carolina state senator, Tom Corbin, introduced a bill to the SC state legislature incorporating parts of the Militia Act of 1903; in which he would have every able bodied citizen of South Carolina between the ages of 18 and 45 classified as members of the irregular state militia, and thus exempt them from practically all federal firearms regulations. I don't think that it has come up for a vote yet, but it was getting favorable consideration. An article that I ran into suggested that Alaska, and Hawaii already have similar legislation. Do the monkeys living in those states know anything about it?
  7. Minuteman

    Minuteman Chaplain Moderator Founding Member

    This is why they cannot do away with the CMP program, Civilian Marksmanship Program. In case you are not familiar with it you can buy military surplus firearms for a fraction of their market value. Uncle Sam will send it directly to your mailbox. A bane to liberals who have tried to thwart it. They have restricted the weapons available but they cannot stop the program. The constitution says that all males between 18 and 45 belong to the miltia and are subject to be called upon for service. This is the basis for the draft. But the language also says that they are to present themselves with a weapon and trained to use it. Thus the CMP program was created in 1903 to provide those weapons and the training to use them to satisfy the constitutional requirement.

    Civilian Marksmanship Program - Wikipedia, the free encyclopedia

    Civilian Marksmanship Program
  8. BTPost

    BTPost Stumpy Old Fart,Deadman Walking, Snow Monkey Moderator

    We have a Federal Preemption Statute, where any Federal LEO is prohibited from enforcing any Federal Gun Control Statutes passed after it's enactment Date, but they stripped out the State Felony Provision, so it has no teeth. Had the left that in the language, our State Troopers would have locked up any Federal Agents (except a US Marshal) that tried to enforce such Federal Statutes, and it would have caused a Constitutional Crisis. The US Marshals would have to get Federal Writs of Habius Corpus from A US District Court, to get them out, of our State GrayBar Hotel, and then transport them out of State, ASAP. Oh well, there are not that many FEDS in Alaska in the first place.
    tulianr and chelloveck like this.
  9. Dont

    Dont Just another old gray Jarhead Monkey

    Just askin, but , do not the fed's, except for the marshal, have to be deputized in order to carry out law enforcment actions within a state??
  10. BTPost

    BTPost Stumpy Old Fart,Deadman Walking, Snow Monkey Moderator

    Nope, FEDS with Police Powers can make Arrests for ANY Federal Law violations, in ANY State, with a Federal Warrant, from a US Federal Judge, IF, there is an OK, from the local Constitutional Sheriff, of the County, or in the case of Alaska, which has only ONE Elected LEO, (The Governor) or the local Sheriff, does not object, after the fact. Most FEDs just have the local LEOs make the arrest for them because the locals have a JAIL. close by, and it takes care of any Jurisdictional issues, before they come up. A US Marshal has complete Jurisdiction, anywhere in US Territory, Period. Never screw with a US Marshal, as you will ALWAYS lose.
    Yard Dart likes this.
  11. VHestin

    VHestin Farm Chick

    Why did it have to be called the Dick Act?
  12. kellory

    kellory An unemployed Jester, is nobody's fool. Banned remembered it didn't you?;)
  13. DKR

    DKR Raconteur of the first stripe

    There is this --

    State defense forces (SDF) (also known as state guards, state military reserves, or state militias) in the United States are military units that operate under the sole authority of a state government; they are partially regulated by the National Guard Bureau but they are not a part of the Army National Guard of the United States.
    State defense forces are authorized by state and federal law and are under the command of the governor of each state.

    State defense forces are distinct from their state's National Guard in that they cannot become federal entities (all state National Guard personnel can be federalized under the National Defense Act of 1933 with the creation of the National Guard of the United States). The federal government recognizes state defense forces under 32 U.S.C. § 109 which provides that state defense forces as a whole may not be called, ordered, or drafted into the armed forces of the United States, thus preserving their separation from the National Guard.
    However, under the same law, individual members serving in the state defense force are not exempt from service in the armed forces (i.e., they are not excluded from the draft). Under 32 USC § 109(e), "A person may not become a member of a defense force . . . if he is a member of a reserve component of the armed forces."

    Nearly every state has laws authorizing state defense forces, with 22 states, plus Puerto Rico, which have active SDFs with different levels of activity, support, and strength. State defense forces generally operate with emergency management and homeland security missions. Most SDFs are organized as army units, but air and naval units also exist.

    Check to see of your State has such a Force. Alaska does. My ham club provided comms training the to the local unit.

    I'm using this 'defense force' as part of the story line in my new novel, "The Fisher People" part of my ongoing World of the Chernyi series.
  14. Airtime

    Airtime Monkey+++

    See for a bit more info on SDFs. Regulation from the National Guard Bureau 10-4 articulates the federal relationship with SDFs which is not much. Some states have very active SDFs and some barely exist and 28 states don't have a SDF.

    Chucky Schumer increased public awareness of SDFs a bit a couple decades ago when he demonized them and claimed them to be training grounds for domestic terrorists but clearly the US Army has been far better at that than SDFs. Interestingly/ironically New York has one of the more active SDFs which has been of good service over the past decade to the Empire State's citizens.

    A few people believe membership in a SDF is a clear establishment of being in a militia and may yield some enhanced 2nd Amend. protection for one's weapons. That is a poor reason to join and these folks generally don't last long when they grasp that a SDF is about service to one's fellow citizens and state, while wearing a military uniform. Service to deployed service member families, traffic control at events, county EOC support and disaster relief support are typical missions.
    Last edited: Jan 6, 2014
  15. DKR

    DKR Raconteur of the first stripe

    Up here they have been used to guard the pipeline. Interesting interface with folks, generally seen as 'useful'.
  16. Smittie11bravo

    Smittie11bravo Smittie

    Ok all of that being said while it was important during its time it means nothing now. Look at the National Defense Authorization Act. It is possibly the most Un-Constitutional legislation to hit the white house and mark my words people will enforce it. Here is the problem. People only enforce what they are told. I served 3 years in the army and 3 in the National Guard. I did not know any better back then. If someone had told me to confiscate guns I would have because I did not have the grasp on reality I do now. If some one brought up the Dick Act I would have laughed and taken their guns.
  17. Dont

    Dont Just another old gray Jarhead Monkey

    Welcome Smittie ( a new guy)....
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