Our 2nd Amendment rights may go before the Supreme Court SUPPORT NEEDED

Keep and Bear Arms ^ | 2/13/2003

[2nd_Amendment_Defender]

Silveira v. Lockyer is a current lawsuit that challenges the California semi-auto rifle ban on the basis of Second Amendment protection of our individual right to keep and bear arms. The plaintiffs in the case are represented by California attorney Gary Gorski.

The U.S. Ninth Circuit Court of Appeals has already ruled (Hickman) that Americans have no individual right to own and carry guns. A three-judge panel upheld that ruling in Silveira v. Lockyer. Gorski has petitioned for a hearing by the full court. Barring a self-reversal by the full Ninth Circuit, this case WILL be appealed to the U.S. Supreme Court.

Our Decision

The plaintiffs and Mr. Gorski are determined to move this case to the Supreme Court. More importantly, Mr. Gorski’s in-progress petition asking the Supreme Court to hear Silveira v. Lockyer is being expertly constructed. Because of this, Silveira v. Lockyer has a good chance of being heard by the Supreme Court. With your help, Mr. Gorski will have access to all the essential information, expert advice, and first-class preparation necessary for this Supreme Court case. Citizens Of America and KeepAndBearArms.com have spent a great deal of time investigating every nuance of this situation — and have committed to supporting this case financially.

Supreme Court agreement to hear Silveira v. Lockyer means it is imperative that we win, and the time to prepare is right now. We need your immediate help to make certain that the tremendous amount of advance preparation for this case is done thoroughly and on time.

We must settle the “question” of the Second Amendment sooner rather than later. We must restore the free exercise of our right to own and use guns in our lifetime. We will not accept another 10, 20, 30, 40, or 50 years of citizens being harassed, fined, imprisoned, and killed for exercising a constitutionally protected right.

YOU CAN HELP ensure that the best possible Second Amendment case is made by donating to the tax exempt collaborator in this project, Citizens Of America, right now — while we have the most time available to properly prepare.

We will IMMEDIATELY put your donations to work in support of this case.

[2nd_Amendment_Defender]

This is a worthy cause to invest some money in. I am going to chip in some money myself to support our right to keep and bear arms.

Go to this website to donate: http://keepandbeararms.com/Silveira/scotus.asp

[firewalk]

bump to read later....

[harpseal]

Indexed

[P8riot]

ditto

[CHICAGOFARMER]

Donate here


http://keepandbeararms.com/Silveira/scotus.asp

[judicial meanz]

I wonder why the Supreme Court or other courts have never reviewed the US Militia laws thoroughly before they render decisions on this garbage.

If they did, there would be NO arguement about this.

According to Constitutional and statute law , each American male citizen between 18-45 is a member of the Unorganized militia of the United States and the state they reside in( general militia). The men basically belong to two unorganized militias, one at state level and one federal level. A few exceptions are made for local officials and women.

Under the shared responsibility clause of the Constitution, when the President announces a call for volunteers to serve in the militia to confront a threat, the states must make the amount of men available to the federal government requested, and train them as military units. The Federal government equips them.

States can draft men to serve in the Militia. They even did so in the Civil war. This is in addition to the ability of the federal military services to draft men as well. In some states, state draft laws are still on the books to support their militias if needed.

The militia then becomes a part of the US militia which is seperate from the US militay forces. They have seperate disciplinary procedures, seperate pay procedures, and militia benefits are different too.

Before the advent of liberalism, a well regulated militia meant that it was recognized as a component of the State military forces under the command of the Governor, adhered to rules of military discipline, and wasnt an armed mob.

Militia officers were commissioned by the Governor, and enlisted were regulated by state laws.

The National Guard is the organized militia, not the unorganized militia. Completely seperate animals.

To see exactly what I am talking about, review your states laws about "State Defense Forces, State Guards, or State Militias." In most states, except the most liberal, these laws still exist to support the shared responsibility of states to supply troops to the US government in case of
war or insurrection.

Of course if you are a liberal socialist, you do everything you can to subvert national readiness and take away individual freedoms while you preach diversity.

[phasma proeliator]

BUMP

[MileHi]

The Federal government equips them.

Yep, and I have been waiting for my government issued M1A to arrive. Congress has been behind the curve on this...

[judicial meanz]

Dont hold your breath!

I based this on a JAG report I saw not too long ago. The JAG report was based on the contingency of having to augment the US military with militia forces in the case of a catastrophic war. Basically a scenario to figure out what they had to do to activate the militia if needed.

The really funny thing is this- If the courts take away individual rights to firearm ownership, it has DIRECT national security implications to the unorganized militia and the ability to protect our country from external threats.

An unarmed population is also a population unable to fulfill its duty to help defend its country.

[MileHi]

An unarmed population is also a population unable to fulfill its duty to help defend its country.

And the "assault weapon" ban outlaws many of the best rifles for this purpose.

[judicial meanz]

Absolutely. Kind of a two edged sword on behalf of the liberal anti-gun crowd.

A lot of enemies have commented that if the US were invaded:

The numbers of militiamen (in the tens of millions) and the amount of modern, high quality firearms they would have to face from the militia is one heck of a deterrent

The 26 million military veterans who have served and been discharged, but are still of the age to qualify for militia service, would add a very experienced core to the militia.

The militia possibilities is as much of a deterrent as an SSBN to some countries that pose a threat.

[Ancesthntr]

Do you have a link for that JAG report? It should be very interesting reading.

[judicial meanz]

That report I saw was in manual format, and to my knowledge is not on the internet.
it wont be on the US Army JAG site ( I looked) because its restricted access.
I can help with any questions you may have because my field is law and I remember most of the cites and information.

I'll see what I can do about finding something on it somewhere so you can read it.

[Ancesthntr]

I am most interested in the scenario(s) that the report considered, i.e. in what circumstances the author(s) believed that the armed forces would need assistance from the militia; also, the numbers of militia that were discussed. To me, this is all ammunition against those arguing for restrictions/bans on militia-type arms.

I am also an attorney (estates, business, etc., but with an abiding interest in the Constitution and, in particular, the 2nd Amendment); IMHO the Miller case is the clearest indication that all of the recent bans and restrictions on "assault rifles" (as they are so incorrectly called) are completely unconstitutional.

[boris]

bump

[judicial meanz]

I'm on it. I'll post you some links soon.

Good Starting points are 32USC109, 10USC Et eq ( Compostion of milita), Total mobilization policy of the US military, State Defense Forces Law ( Virginia has comprehensive SDF laws)

[judicial meanz]

TITLE 10--ARMED FORCES


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 commissioned officers 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.

Section 312. Militia duty: exemptions

(a) The following persons are exempt from militia duty:

(1) The Vice President.

(2) The judicial and executive officers of the United States, the several States and Territories, Puerto Rico, and the Canal Zone.

(3) Members of the armed forces, except members who are not on active duty.

(4) Customhouse clerks.

(5) Persons employed by the United States in the transmission of mail.

(6) Workers employed in armories, arsenals, and naval shipyards of the United States.

(7) Pilots on navigable waters.

(8) Mariners in the sea service of a citizen of, or a merchant in, the United States.

(b) A person who claims exemption because of religious belief is exempt from militia duty in a combatant capacity, if the conscientious holding of that belief is established under such regulations as the President may prescribe. However, such a person is not exempt from militia duty that the President determines to be noncombatant.

[Atlas Sneezed]

"I have been waiting for my government issued M1A to arrive."

Your comment triggered a demonic thought that would make an interesting plot twist for a gun-politics novel. A "conservative" and "pro-gun" President fulfills the dreams of gun advocates, and stops destroying weapons, but expands the CMP to GIVE away the surplus M1A and other rifles that clog our armories to ALL citizens who can demonstrate shooting competency. After there are several tens of millions of rifles of different types distributed (no more than one to a person, until all citizens get their first), he has a world-class list of gun owners, the basis for confiscation.

And those passive tracking devices embedded in the stocks don't hurt either after the big gun ban.

[judicial meanz]

This is the steps of mobilization of the military, and how they are mobilized:

Presidential Reserve Call-up (PRC) The President has the authority to involuntarily augment the active forces by a call-up of up to 200,000 members of the selected reserve for a period up to 270 days to meet mission requirements within the continental United States (CONUS) or overseas. The President must notify Congress within 24 hours and state the reason for his action.


Partial Mobilization The President has the authority to mobilize no more than 1,000,000 reservists (units and individuals from all services), for 24 months or less, and the resources needed for their support to meet the requirements of war or other national emergency involving an external threat to national security.


Full Mobilization Congress must declare that a state of national emergency exists to call up all forces, including Army Reserve and Army National Guard units, Individual Ready Reserve, Standby Reserve and members of the Retired Reserve, and the resources required for their support. The duration is the length of the emergency plus six months.
Total Mobilization Once a state of national emergency exists, Congress can extend full mobilization by activating and organizing additional units beyond the currently approved force structure.

Total mobilization brings the industrial base up to full capacity to provide the additional resources, equipment and production facilities needed to support the armed forces of the nation, as done in World War II.

Total mobilization involves not only the AC and RC but the entire Militia of the United States. The Militia of the United States consists of the Organized Militia and the Unorganized Militia.

The Organized Militia consists of the National Guard and the Naval Militia.

The Unorganized Militia consists of every able-bodied male citizen or person wishing to be a citizen between the ages of 17 and 45 as well as female members of the National Guard.

[judicial meanz]

Final points:

The gateway for the milita to enter federal service is through State Defense Forces of the individual states.

Types of scenarios that were described were:

Catastrophic nuclear attack followed by land invasion of CONUS.

The types of troops, numbers needed, and the numbers of troops each individual state is assigned are determined on a case by case basis either by the President or Congress.

Traditionally Congress has deferred to the President on this point.

Most of the current case law for activation of the milita stems from precedents set in the Civil War and Spanish American War, as well as the two later addendums to the Milita act.

I hope this all helps you! Good luck!