Post by LFC on Apr 6, 2021 13:36:50 GMT
Missouri's Republican (of course) governor is trying to slap together a militia in name only to protect everybody's guns. It's a bizarre proposal but it's not the only one.
Faced with a Democratic Congress and White House, Missouri state Sen. Bill White (R) thought long and hard about legislative maneuvers he could pursue to shield his state’s residents from potential new gun laws out of Washington.
Eventually, he settled on a novel approach: Create a new force that residents could volunteer to join — a state-sanctioned “minuteman” group to be deployed in emergencies — then make those volunteers’ guns state property. That’s right: Want to protect your guns from the government? Give them to your governor.
“What is the one thing the feds don’t really get to regulate?” White told TPM. “Well, that’s our own state property.”
That concept is at the heart of SB 528, White’s bill to create the volunteer “minutemen” force in Missouri. Crucially, according to the bill text, minutemen firearms “shall be property of the state for purposes of sovereignty and jurisdiction in matters of judicial, taxation, and police powers exercised by the state while a member of the minutemen.”
In other words, White asserted, state ownership of minutemen firearms would protect against new federal firearms legislation.
“This is a home-grown idea,” he acknowledged. “It is a little weird.”
The legal logic here is untested, at best. Federal law generally reigns supreme in the United States. And some of the bill’s critics are gun rights advocates worried about the potential for the law to create, in essence, a government list of gun owners.
But the Missouri gambit is not the only one of its type: In South Carolina, several sponsors led by Sen. Tom Corbin (R) have pushed for S. 614, which would use existing language about the state’s “unorganized militia” — a centuries-old category defined essentially as all able-bodied adults in the state who aren’t already in the National Guard — to circumvent new federal gun laws.
The bill, which received a favorable vote from the state Senate’s Family and Veterans’ Services Committee on March 24, contains similar language to the Missouri bill, meant to shielding state residents from federal gun laws.
An unorganized militia member, at their own expense, would be able to possess all firearms “that could be legally acquired or possessed by a South Carolina citizen as of December 31, 2020,” according to the bill text.
And the unorganized militia, under the bill, “may not fall under any law or regulation or the jurisdiction of any person outside of South Carolina.”
“This bill is designed, purposefully designed, to prevent the federal government from ever confiscating the weapons that my constituents can legally purchase now,” Corbin said while advocating for the legislation at a committee meeting last month.
“I don’t hide behind that,” he said. “It is a preemptive strike at any sort of federal gun grab.”
Eventually, he settled on a novel approach: Create a new force that residents could volunteer to join — a state-sanctioned “minuteman” group to be deployed in emergencies — then make those volunteers’ guns state property. That’s right: Want to protect your guns from the government? Give them to your governor.
“What is the one thing the feds don’t really get to regulate?” White told TPM. “Well, that’s our own state property.”
That concept is at the heart of SB 528, White’s bill to create the volunteer “minutemen” force in Missouri. Crucially, according to the bill text, minutemen firearms “shall be property of the state for purposes of sovereignty and jurisdiction in matters of judicial, taxation, and police powers exercised by the state while a member of the minutemen.”
In other words, White asserted, state ownership of minutemen firearms would protect against new federal firearms legislation.
“This is a home-grown idea,” he acknowledged. “It is a little weird.”
The legal logic here is untested, at best. Federal law generally reigns supreme in the United States. And some of the bill’s critics are gun rights advocates worried about the potential for the law to create, in essence, a government list of gun owners.
But the Missouri gambit is not the only one of its type: In South Carolina, several sponsors led by Sen. Tom Corbin (R) have pushed for S. 614, which would use existing language about the state’s “unorganized militia” — a centuries-old category defined essentially as all able-bodied adults in the state who aren’t already in the National Guard — to circumvent new federal gun laws.
The bill, which received a favorable vote from the state Senate’s Family and Veterans’ Services Committee on March 24, contains similar language to the Missouri bill, meant to shielding state residents from federal gun laws.
An unorganized militia member, at their own expense, would be able to possess all firearms “that could be legally acquired or possessed by a South Carolina citizen as of December 31, 2020,” according to the bill text.
And the unorganized militia, under the bill, “may not fall under any law or regulation or the jurisdiction of any person outside of South Carolina.”
“This bill is designed, purposefully designed, to prevent the federal government from ever confiscating the weapons that my constituents can legally purchase now,” Corbin said while advocating for the legislation at a committee meeting last month.
“I don’t hide behind that,” he said. “It is a preemptive strike at any sort of federal gun grab.”
I'm no constitutional scholar but an "unorganized militia" sounds pretty close to the opposite of a "well regulated militia."