‘To suppose arms in the hands of citizens, to be used at individual discretion, except in private self-defence, or by partial orders of towns, counties, or districts of a state,’
I guess that settles it?
In our country, we are blessed with the principle that martial power and the force of law are both under the authority of a duly-elected civilian authority.
Prior to the American Revolution, we had the Continental Congress *and* Committees of Safety -— Massachussetts had the first Committee of Safety, and that committee had command of the militia.
George Washington was *not* chosen by some “militia-like club” to be head of the forces around Boston in 1775; he was chosen by the Continental Congress.
Currently, there is no Continental Congress. There is no duly-elected Committee of Safety for the State of Nevada; and again, none for the county of the Bundy Ranch.
The county of the Bundy Ranch has also not let it be known, that its existing duly-elected commission is standing up in stead of the required Committee of Safety.
So, at the moment, there is no Constitutional civilian authority in charge of the assembly of armed men and some women ... re the situation at the Bundy Ranch; except, that they may be adhering (we sure hope) to the authority of the county sheriff (in which case, they may be acting as deputies).
Or, what is developing there, is a Shays Rebellion that will be put down, including the loss of Arms of the participants *and* supporters ... and some of their property, too, given the current nationalizing-socialist police-state climate and thereof, much greater martial power.
On the chance that another confrontation occurs, what are the preparations by the armed assembly, in order to at least provide proper facilities and support in the event of some success?
What shall the rebels do, if they encounter numbers of wounded and/or captured of the national agencies that descend upon the place? To whom will they efficiently hand over the captives -— lawfully following the principle of due process -— and where will the dead and wounded be taken?
Without the support of the people of the county’s duly-elected civilian authority, and without the same of the State of Nevada, there will just be a lot of chaos, tragedy, and unhappiness, and improper detention of captives.
A stunning victory by the rebels, might gain a sudden self-realization among a majority of the people of Nevada, that they actually do want to stand up against the national government’s tyranny ... but figure the odds, and figure *that, before* somebody without civilian authority orders the rebels into action.
The rebels have apparently paid little attention to the basic necessity, that there be a duly-elected civilian authority with overall command over them.
By the way, they *are* rebels, unless they are acting as deputies for the moment, under the authority of the county sheriff.
They are not presently in the Nevada militia, because there is only 1 militia per state and 1 per territory and 1 per the District of Columbia (if it chooses) of our United States. The duty of our militia, is to their respective states, territories, and DC (again, if DC chooses).
The term, militia, is not the same as “the militias” of other countries; not exactly the same as once existed in England.
Because, in our country, we individually have the right to keep and bear Arms; but it is when mustered, we form military units of organization and potentially may exercise martial power. We have the right to drill and train ... but not to exercise martial power without the authority to act so, from our duly-elected civilian authority.
In that way, the people know they are safe, the militia are answerable to civilian authority, instead of “going off half-cocked.”
Our militia, are under the duly-elected civilian authority of each state (or territory), and they have a lot of responsibilities to the people of their respective commands.
The body of Armed men in Nevada at the Bundy Ranch, are *not* militia; rather, they are a gun club. They *could be* militia, but that only happens under the duly-elected authority of the citizens of Nevada, local or state.