The Militia Act of 1903 or better known as the Dick Act, named after former congressman and Senator of Ohio, Charles Dick, Chairman of the House Militia Affairs Committee, who also served as President of the National Guard Association of the United States. Charles Dick held the rank of Major General as commander of the Ohio National Guard, reformed the Militia Act of 1792 and created the National Guard distinctly separated into two classes. (1) The uniformed and organized militia under service to the State or Federal governments that receive federal support and (2) the non-uniformed “unorganized” reserve militia of all able bodied men between the ages of 18 thru 45 or former military veterans or retirees from the Army, Navy, Air Force, Marines, or National Guard or Army Reserve. The Militia Act of 1903 was further modified several amendments in 1908, and again modified with the National Defense Act of 1916.
The Anti-Federalists feared that Congress would permit the militia to atrophy, leaving the states defenseless against the central government. They argued that the national Congress could render the militia useless “by disarming them. Under various pretenses, Congress may neglect to provide for arming and disciplining the militia; the stated governments cannot do it, for Congress has an exclusive right to arm them & etc.” The desire to prevent enfeebling state militias, which provided a check to a standing army, prompted the ratifying conventions to call for an amendment guaranteeing the right of citizens to bear arms. The First Congress responded, but the Second Amendment did not remove national control over armed forces or the state militias. However, the Second Amendment, by saying that the “…Right of the People to keep and bear arms shall not be infringed.” and that the Right was a constitutionally protected, individual right, it qualified and defended against U.S. Constitution, Article I, Section 10, Clause 4: “No State shall, without the consent of Congress …keep troops, or ships of war in time of Peace…” Hence, forthwith, there exists two classes of Militias the “organized” and the “unorganized”.(10 U.S.C. 311,(b,2)
Both State and Federal governments provide no support to the “unorganized” militia as far as financial, equipment or arms, with the exception there is an avenue to voluntarily obtain former military surplus individual arms, i.e. rifle, pistol, bayonet, ammunition and equipment. Formerly through the Civilian Marksmanship Program. Both the President of the United States and the National Congress can call forth the “militia”, both organized and unorganized. The “unorganized” militia, on a voluntary basis and through their own financial means, obtain military or “milita” standard rifle, magazines and ammunition, to practice shooting to gain familiarity, knowledge competency.
The Federal government and the State government, by banning the “Standard” arms would diminish, denigrate, and render impotent the efficiency of a reserve pool of the “unorganized” militia, which is every able bodied male between the ages of 18 and 45 and, as of 2011’s veterans survey is also composed of 21.5 million veterans of foreign wars and have had, first hand, familiarity and knowledge of the M-16 and AR-15, .45 cal. Model 1911, semi-automatic pistol and the Beretta 9mm, 15-rounds magazine capacity semi-automatic pistol. Ever since 1963 and the introduction to the Vietnam war, every single soldier and veteran possesses military experience, tactical knowledge, military leadership and discipline and quite naturally, in depth familiarity and knowledge of the M-16, hand held, shoulder fired, gas operated, 30-round individual rifle.
The Second Amendment exists, not as a privilege granted by the Constitution, Federal Government or even State Governments, it acknowledges the fact that the …right to keep and bear arms… is an individual right and that it is a right that was specifically withheld by the People, who have exercised their individual right to cast one vote as a sovereign citizen of the United States. It is not created for hunting, target shooting, sporting events. It exists in support of “…That whenever any Form of Government becomes destructive to these ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness…”. (Declaration of Independence, Clause 2, July 4, 1776).
As such one must would take into consideration today’s environment and militarization of civilian law enforcement. Local law enforcement equipped with .50 cal. sniper rifles and machine guns; armored vehicles, bullet proof vests, fully automatic, “personal defense” M-16s lock and loaded with 30 round magazines, carry semi-automatic loaded with 15-round magazines; serving simple warrants or court order subpoenas or an office search with a fully armed SWAT or Hostage Rescue Team.
The Second Amendment insures that there is equality on an individual basis with the “organized” militia, in preparation for one on one conflicts or violent confrontations, limited to land war. The Federal and State governments have no authority to subordinate the individual firearms of the “unorganized” militia or to limited magazine content and lesser quality or inferior ammunition. Nor can the Federal or State governments single out and subject constitutionally protected firearms, magazines and ammunition to excessive and punitive taxes, insurances, or over burdensome qualifying factors to exercise such protected rights. Simply being a citizen of the United States and acknowledgement that the Second Amendment exists …is sufficient.
