Skip to comments.South Carolina Bill Exempts Unorganized Militia From Federal Gun Grab
Posted on 02/02/2013 2:47:37 PM PST by EXCH54FE
As the United Nations and the Obama administration combine to outlaw private ownership of weapons and ammunition, state and local leaders nationwide are responding to the crisis.
As The New American continues to report, sheriffs, county commissions, and state legislators are passing bills aimed at stopping the federal gun grab at their sovereign borders.
On January 16, four South Carolina state senators joined the fight to protect the Second Amendment and to safeguard their citizens from federal tyranny.
Senate Bill 247 is sponsored by state Senators Tom Corbin, Tom Davis, Kevin Bryant, and Lee Bright. Although only four senators currently sponsor the bill, sources inside the South Carolina House of Representatives report that a companion measure will soon be offered in that chamber, as well.
The Senate bill aims to protect the right of citizens of the Palmetto State to keep and bear arms by amending the definition and rights of the states unorganized militia.
According to Section 25-1-80 of the South Carolina Code, an able-bodied citizen of this State who is over seventeen years of age and can legally purchase a firearm is deemed a member of the South Carolina Unorganized Militia, unless he is already a member of the National Guard or the organized militia not in National Guard service.
The newly proposed bill exempts all members of the unorganized militia (essentially everybody over 17) from complying with federal firearms restrictions passed after January 1, 2013.
Per the bill, A militia member, at his own expense, shall have the right to possess and keep all arms that could be legally acquired or possessed by a South Carolina citizen as of December 31, 2012. This includes shouldered rifles and shotguns, handguns, clips, magazines, and all components.
(Excerpt) Read more at thenewamerican.com ...
Well, this is interesting.
The states are fighting back. This is how we will take back our country.
Lets hope the Natl GOP does not go anti-American on the 2d Amendment like they have on Illegal Alien Amnesty.
This is clever - I like it.
If red states declare all citizens are reserve police officers. Then they can carry machine guns. Let the Feds choke on it.
That simplifies matters.
The militia is: Armed assembly. It is YOU.
It’s unfortunate that the bill only rolls back to 2012 instead of 1967 or 1933.
Obama is drug-addled, but I hope he’s got enough functioning brain cells to understands that when South Carolina stands up for a limit to federal authority, they might just mean it. Is Obama so drunk on power that he would take that risk . . . again?
On the other hand is *is* legal for citizens to own machine guns and silencers and whatnot, if proper procedures are followed. So it’s really not clear what other restrictions remain.
I'm not sure anyone should trust the police, while the 'Guard and Reserves are a toss up.
Oh - no one included above has any reason to trust the state.
While I applaud the idea, doing it at the state level may have less protections than doing it at the county level.
According to the constitution and federal law, the relationship between the national government and the state governments is fairly well defined (though violated by the national government).
However, counties are “odd birds” in the law. While they are created under state law, in practice much of what they do is based in Common Law. The relevant part of this is the role of the Sheriff within the county.
Sheriffs in Common Law are the de facto head of the county posse, under the posse comitatus concept (not the Posse Comitatus Act, but the principle it was named after.) As such, he may effectively “draft”, voluntarily, a county militia, for his legal purposes.
In effect, within his county, he has the power to declare “All able bodied adult persons of good character” to be members of the county posse. As such, they are pseudo law enforcement officers, and he may require (again voluntarily) that they be armed with firearms.
While the gun controllers want to take guns out of civilian hands, they would certainly balk at trying to disarm the police. So the end result would be that every adult in the county would be permitted to keep and maintain a firearm, even if federally prohibited to citizens.
Come to Milwaukee, they have a machine gun unaccounted for thanks to the ATF.
"Im Sheriff David Clarke, and I want to talk to you about something personal your safety. Its no longer a spectator sport; I need you in the game, but are you ready? With officers laid-off and furloughed, simply calling 9-1-1 and waiting is no longer your best option. You can beg for mercy from a violent criminal, hide under the bed, or you can fight back; but are you prepared? Consider taking a certified safety course in handling a firearm so you can defend yourself until we get there. You have a duty to protect yourself and your family. Were partners now. Can I count on you?
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Thanks for the double ping :)
I wrote an american thinker article about this.
Good to hear.
I think this is brilliant. I have been proposing something similar for 30 years. I did not think any state government had the guts. I would love to see it in Arizona.
Thank you Mr. Bryant!
This is a bill, not a law.
What is the forecast for passage in the legislature?
I’m not in SC, sorry, can’t answer your question.
Now if SC would only decide to honor CCWs from other States (like MS) - If I visit my son I have to disarm or risk arrest and confiscation of my weapon.
How neat is that? I could be a militia member and not even know it. I love the gun laws in this state.
The media, in and outside of our state, will freak out over this as it gains more support.
I did!!! I did I did sigh