Quote: A major issue was whether the Militia of Washington County is a valid state militia for second amendment purposes. Judge Jimm Larry Hendren ruled it’s not.
Are any of us legally Militia? It seems to me that with this case precedence has been set against us and against the Constitutional description of the Militia.
According to this judge, unless you have a letter from your Governor stating that you are in the Militia, you are not. This directly contradicts the Constitution, but reinforces the argument that the "National Guard is the militia."
Which directly contradicts 10 USC 311, the Militia Act of 1903, which clearly differentiates between the organized militia (the National Guard and the Naval Militia) and the unorganized militia (everyone else 17-45). Another case of legislating from the bench. Patriots, are you ready?
Scouts Out! Cavalry Ho!
No. Precidence can only be set when something is determined and a ruling is made. Nothing was determined in this case, except guilt. The judge was only following trial rules set by the SCOTUS previously.
" According to this judge, unless you have a letter from your Governor stating that you are in the Militia, you are not. This directly contradicts the Constitution, but reinforces the argument that the "National Guard is the militia."
The National guard is the State militia, unless a governor designates some ceremonial unit. Some States even have some ceremonnial units that are involved in some form of emergency response. The unorganized militia is anyone 18-45, or so.
There is no US Constitutional definition of the militia. There is in the US code, which dates from just after the second amendment was passed, and there is one in the Arkansas Constitution. They are essentially the same, all males 18-45. YMMV by state. In Texas it's ordinary law, not a constitutional provision, which define the militia as all legal residents of the state, men and women alike, 18-60. Even this old cat is part of the Texas militia. (I'm also carried on the Retired Reserve list of the US Air Force).
Well, anyone can call themselves a militia. It is true that "we the people" are the citizen militia.
But, if you want second amendment protection of your RKBA, then you better be a well regulated Militia with officers appointed by the state. Or have a letter from the Governor.
"This directly contradicts the Constitution"
No, it directly affirms the Constitution. Article I, Section 8 refers to a State Militia with officers appointed by the state and the second amendment refers to a well regulated Militia.
"but reinforces the argument that the "National Guard is the militia."
In about half the states, the National Guard IS the State Militia. The other half of the states have a National Guard AND a State Militia (called a State Defense Force or a State Guard). The second amendment protects the right of the states to form and arm these Militias.