How to defend yourself according to the US Constitution

Title 10 US Code, Section 311

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are—

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

What Is The Militia

As defined by our founding fathers, the militia is defined as "the whole people". It is every able-bodied citizen who is not disqualified by crimminal conviction or mental defect, except those few persons who hold public office, such as judges, legislators, etc etc.

The state national guard and the national guard of the United States are not the same thing.

The National Guard may be called up for active duty by state governors or territorial adjutant general to help respond to domestic emergencies and disasters, such as those caused by hurricanes, floods, and earthquakes

With the consent of state governors, members or units of state National Guard may be appointed or deployed as federally recognized armed force members in active or inactive service.

State National Guard may also be called up for federal service, with the consent of state governors, to repel invasion or suppress rebellion. It can enforce federal laws if the United States or any of its states or territories are invaded or are in danger of invasion by a foreign nation, or if there is a rebellion or danger of a rebellion against the authority of the federal government.

Many states also maintain their own State Defense Forces. These forces are federally recognized militia but not as an armed force service. Because of this, they are separate from the National Guard and are not meant to be federalized. They serve the state exclusively, especially when the National Guard is deployed or otherwise unavailable.

......................................................................................
NOTE THIS
......................................................................................

The John Warner Defense Authorization Act of 2007 Pub.L. 109-364

Federal law was changed in section 1076 so that the Governor of a state is no longer the sole commander in chief of their state's National Guard during emergencies within the state. The President of the United States will now be able to take total control of a state's National Guard units without the governor's consent.

In a letter to Congress all 50 governors opposed the increase in power of the president over the National Guard.

Governors lose in power struggle over National Guard

Over objections from all 50 governors, Congress in October tweaked the 200-year-old Insurrection Act to empower the hand of the president in future stateside emergencies. In a letter to Congress, the governors called the change "a dramatic expansion of federal authority during natural disasters that could cause confusion in the command-and-control of the National Guard and interfere with states' ability to respond to natural disasters within their borders."

The Posse Comitatus Act of 1878 forbids U.S. troops from being deployed on American soil for law enforcement. The one exception is provided by the Insurrection Act of 1807, which lets the president use the military only for the purpose of putting down rebellions or enforcing constitutional rights if state authorities fail to do so. Under that law, the president can declare an insurrection and call in the armed forces. The act has been invoked only a handful of times in the past 50 years, including in 1957 to desegregate schools and in 1992 during riots in south central Los Angeles after the acquittal of police accused of beating Rodney King.

(What if the federal government itself is not inforcing or obeying the rules of the US Constitution?)

Congress changed the Insurrection Act to list "natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident" as conditions under which the president can deploy U.S. armed forces and federalize state Guard troops if he determines that "authorities of the state or possession are incapable of maintaining public order."

(The state national guard is under the complete control of the federal government it seems.)

Mark Smith, spokesperson for the Louisiana Governor's Office of Homeland Security and Emergency Preparedness, said local and state emergency responders know what their communities need during a crisis better than officials in Washington.
"The president should not be able to step in and take control of the National Guard without a governor's consent. The Guard belongs to the states, has always belonged to the states and should remain a function of the states," Smith said.

Washington power grab

Fifty-one governors recently sent a letter to Congress opposing Section 511 of the House-passed bill because it would usurp the authority of governors to command the National Guard in response to a "serious natural or manmade disaster." Since then, governors also have become concerned with the Senate's proposal to expand the President's authority to intervene in a state under the Insurrection Act (Section 1042) and proposals to federalize disaster response through the use of reserve forces. Each of these proposals represents a dramatic expansion of federal authority during natural disasters that could cause confusion in the command-and-control of the National Guard and interfere with states' ability to respond to natural disasters within their borders.

In a letter to Congress all 50 governors opposed the increase in power of the president over the National Guard.

The National Defense Authorization Act 2008 Pub.L. 110-181

Repeals provisions in section 1076 in Pub.L. 109-364 but still enables the President to call up the National Guard of the United States for active federal military service during Congressionally sanctioned national emergency or war. Places the National Guard Bureau directly under the Department of Defense as a joint activity. Promoted the Chief of the National Guard Bureau from a three-star to a four-star general.

A propaganda video for the US National Guard states:

that the FIRST duty of an American soldier is to achieve the mission dictated by military leadership, NOT the defense of the US Constitution. Brain-washing soldiers to place the mission first, that is, “just follow orders” given by der Fuehrer (“the leader” in German) rather than being responsible for obeying the Constitution and laws of war dramatizes the US shift into fascism.

Nazi German soldiers had such an oath:

“I swear by God this sacred oath that I shall render unconditional obedience to Adolf Hitler, the Führer of the German Reich, supreme commander of the armed forces, and that I shall at all times be prepared, as a brave soldier, to give my life for this oath.”

Who controls the state national guard?

Do you know now?

This is why a militia consisting of the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia is needed.

US citizens not under the control of obama and the federal government.

The purpose in forming this well regulated militia is to insure our preparedness should we ever be forced to take up arms in the defense of our GOD given Rights and Liberties, our Republic, our State, and our Constitutions; to deter those enemies, both foreign and domestic, who would abrogate them.

Congress and obama are abrogating our rights every day.

If obamacare is passed through illegal methods such as deeming the legislation passed in the US house the domestic enemies will become clearer.

Our freedoms are being signed away by executive order and congress being "paid off" by obama.

What is the 2nd ammendment for?

Second Amendment--Bearing Arms

A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

"necessary to the security of a free State"

It is the right of a citizen to protect himself against the federal government!

The right guaranteed by the Second Amendment is the right of the people, not the States. The very text of the Constitution distinguishes between "the people", "persons" and "States". See, art. I., Sec. 2; art. I, Sec. 3; art. II, Sec. 1. The Tenth Amendment distinguishes between "the people" and "the States" by providing that, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

The states' rights reading [of the Second Amendment] puts great weight on the word "militia," but this word appears only in the Amendment's subordinate clause. The ultimate right to keep and bear arms belongs to "the people," not the "states." As the language of the Tenth Amendment shows, these two are of course not identical and when the Constitution means "states," it says so. Thus, as noted above, "the people" at the core of the Second Amendment are the same "people" at the heart of the Preamble and the First Amendment, namely Citizens.

[The Second Amendment] looks to an ultimate reliance on the common citizen who has a right to keep and bear arms rather than only to some standing army, or only to some other politically separated, defined, and detached armed cadre, as an essential source of security of a free state. In relating these propositions within one amendment, moreover, it does not disparage, much less does it subordinate "the right of the people to keep and bear arms." To the contrary, it expressly embraces that right and indeed it erects the very scaffolding of a free state upon that guarantee. It derives its definition of a well-regulated Militia in just this way for a "free State:" The Militia to be well regulated is a Militia to be drawn from just such people (i.e. people with a right to keep and bear arms) rather than from some other source (i.e. from people without rights to keep and bear arms).

If the Second Amendment guaranteed only the right of States to maintain militias, the Supreme Court could easily have disposed of Second Amendment claims in Cruikshank, Presser, Miller v. Texas, and United States v. Miller by holding that individual citizens to not have standing to assert such a claim. Instead, the Court has consistently treated the right to keep and bear arms as a right of individuals, regardless of their affiliation with any organized militia.

If an American citizen wants to form a militia they have this right as an individual citizen. Remember the right to bear a gun is a Constitutional right. The right to join a militia to protect ones rights is also a Constitutional right.


Obama is organizing America for his own dire purposes.

Americans have the right to defend themselves against obama and a police state.

Any questions?

WHAT TO DO IF THE POLICE COME TO
CONFISCATE YOUR MILITIA WEAPONS

What do you do when the police show up on your doorstep demanding the surrender of your militia weapons? In responding, bear in mind that you have two important rights guaranteed by the Fourth and Fifth Amendments to the United States Constitution.

The Fourth Amendment protects you against unreasonable searches and seizures. If the police want to search your house without your consent, they need a warrant. Warrants may only be issued upon a showing of probable cause, supported by an affidavit. The facts contained in the affidavit must do more than support a mere suspicion. The test is whether the information in the affidavit would justify a person of prudence and caution in believing that an offense is being committed, e.g. that "prohibited" weapons can be found on your premises. The requirement of probable cause for the issuance of warrants is one of your most precious constitutional protections.

NEVER GIVE THE AUTHORITIES YOUR CONSENT TO SEARCH YOUR HOUSE, YOUR CAR, YOUR PLACE OF BUSINESS, OR ANY OTHER PREMISES UNDER YOUR CONTROL.

Consent dispenses with the necessity of probable cause. While lacking probable cause, if the police conduct a search with your consent and seize evidence for use against you in court, your lawyer will not be able to suppress it on the basis that the search was warrantless.

The Fifth Amendment protects you against giving evidence against yourself, i.e., your right to remain silent. Just as you cannot be compelled to testify against yourself in a criminal trial, neither can you be compelled to answer a policeman's questions about that AR-15 you bought a couple of years ago and never surrendered. Don't be bashful about invoking this right. It's always better to remain silent and appear guilty than to open your mouth and prove it.

At the outset of any contact with the police, ask them if they have a warrant to search your premises, or a warrant for your arrest. Without one or the other, don't let them inside your front door. If they have neither, politely request that they leave and gently close the door. If you have an attorney, keep one of his cards in your wallet. Give it to the officer in charge and request that all inquiries be made through your counsel. Remember, the police wouldn't be at your doorstep if you were not the target of a criminal investigation. You have no obligation whatsoever to cooperate with people who intend to unlawfully confiscate your property and put you in jail. They can't arrest you for keeping your mouth shut and going about your business.

The police may still persist in trying to question you, or ask your consent to "take a look around". Again, if you have an attorney, give the officer in charge one of his or her cards and request that all inquiries be made through your counsel. Above all, remember that you have the right to break off this conversation. Do so immediately.

In some instances where the police lack a search warrant, they will tell you that it's a simple matter for them to obtain one and they "just want to save everybody a lot of time". This is hogwash. Politely tell them to go get one, and close the door. If they suggest that it will "go a lot easier on you" should you give them your consent to search, tell them to call your lawyer, and close the door.

In the event the police do in fact have a warrant either to arrest you or to search your premises, do not offer any resistance. You will have other battles to fight (presumably with the weapons you have hidden) and you want to be alive and kicking when the time comes. If you are a member of the militia and we don't want to lose you or your weapon. You also don't want to do anything to endanger your family or deprive them of a home. Don't be foolish and engage the authorities in a firefight that you have no chance of winning.

On the other hand, you are not obliged to do anything to make the officers' job easier, such as giving them the combination to your gun safe. You have the right to remain silent and should take advantage of it. That may cause the authorities to forcibly open your safe, with resultant damage. But let them work at their task. After all, it's their search warrant. Politely request to see a copy of any warrants, and above all, remain silent. Anything you say can be used against you in court. Tell the officers that you do not want to say anything or answer any questions -- and that you want to talk to an attorney immediately. If you already have a lawyer, request permission to telephone him or her. If you have been taken into custody, the police are obliged to cease and desist from interrogation once you have asserted your right to remain silent and requested the assistance of legal counsel.

Your spouse and children will be natural targets of interrogation for the authorities. Do they know where your firearms are hidden? Although Maryland law generally prohibits your spouse from testifying against you in a criminal trial, that will be of no help of he or she breaks down under questioning and the authorities know where to retrieve your guns. Never forget that your objective is to safeguard your weapons and ammunition for the defense of the Constitution against all enemies, foreign and domestic.

If you or a family members are subpoenaed to testify before a grand jury or other judicial or governmental body, get an attorney immediately. Legal counsel can be very helpful, either in trying to quash the subpoena or helping to invoke one's rights against self-incrimination.

Never, under any circumstances, should you lie to the authorities. Simply exercise your right to remain silent. Don't try to snow them with phony bills of sale that can easily be checked out and used to impeach your credibility in court should you decide to testify. Above all, don't file a false police report that your guns were lost or stolen. Making a false report to a police officer that results in an investigation being undertaken is a criminal offense in Maryland. Remember, you are not a criminal. Your ultimate goal is to defend the Constitution.

Likewise, don't fall for any of the authorities' lies. Police love to play "Mutt & Jeff" (also known as "Good Cop - Bad Cop"). One officer comes across as a real hardcase, telling you about all the jail time you're looking at. After a few minutes of this, his partner takes you aside, offers you a cigarette, and in a friendly tone tells you that he "only wants to help you". He only wants to help you confess. Tell Mr. Nice Guy you want to talk with a lawyer. Another police tactic is to tell you that a friend of yours has confessed and given them a statement implicating you for all kinds of things. They're just trying to rattle your cage and make you blurt something out. Keep your mouth shut and let your attorney handle the police. If they really have such a statement, your counsel will be able to discover it. [Author’s note: In 1990 it was still legal to smoke in public buildings.]

If the authorities have a warrant to search your home, they might imply (sometimes none too subtlely) that if you do not come across with that they're looking for they will tear the place apart. Don't give in. Just keep your mouth shut. If you hand over your "prohibited" weapons, you've just given them all the evidence they need to put you in prison. Even if you fall for this scare tactic, the police may still trash your house. Although this is the rare exception, not the rule, such conduct is not unheard of.

In the event you are on the receiving end of a search warrant, do not be pressured into signing any inventories of property seized without first consulting with an attorney. There might be something on that list that is prohibited according to some obscure regulation that you've never heard of. Also be sure that you or some family member receive an itemized list of any property seized. Under Maryland law the police are obliged to sign one and leave it at the premises from which the property is taken. If it is subsequently determined that the authorities took anything that was not within the scope of their warrant, your attorney should motion the court for its prompt return.

Remember, the battle to defend our liberties has already begun - and you are one of the Constitution's foot soldiers.

Confiscation Probably Will Not Come Out Of The Blue

Efforts to confiscate military pattern semi-automatic weapons must have some legal basis, e.g., passage of a statute requiring their registration or simply making possession unlawful. Barring some catastrophe which results in the imposition of martial law, this is not going to occur overnight or without public debate. This is your window of opportunity to select a place away from your principal residence in which to store your weapon, ammo, and spare parts and, if you have not already done so, to legally obtain spare parts, tools, and extra ammunition. Unfortunately, by this time these items may be much more expensive if they are available at any price.

What Kind Of Militia Weapon To Have

If, within the next 30 years, ordinary Americans are subjected to life under an oppressive regime, its conscripts will likely be carrying some variant of the M16 chambered in 5.56 mm (.223 Remington). If you have an AR-15 type rifle or carbine your weapon can chamber ammunition from government stockpiles and, if you happen to relieve a statist conscript of his (or her) rifle, you will already have some familiarity with that weapon. An AR-15 also will have the same visual appearance and a “sound signature” similar to that used by the statist conscripts, except that it will not have a full automatic or burst option. If you are somehow spotted while armed, the silhouette of your AR-15 will not reveal you as a member of the resistance. That of an AKS, SKS, M1, or M1 Carbine definitely would. The location of hostile forces can also be pinpointed through the sound of their weapons, making sound signature something to consider. The next time you are at the range listen to the difference between an AR-15 and an AKS and you will know exactly what I am talking about.

Spare Parts & Gunsmithing Tools

If the day ever arrives when police officers clad like ninjas demand the surrender of people’s militia weapons you had better be prepared to do your own gun smithing. Those of you who already have a militia weapon should determine what parts might possibly break or wear out over the next 30 years, and purchase some spares. Parts for the M1, M1 Carbine, AR-15, and AKS can be purchased at any good gun show without any forms being filled out or any background checks being conducted.. The only part of a firearm that is required to bear a serial number and which generates paperwork upon sale is a pistol’s frame or the receiver of a rifle or shotgun. While you’re buying spare parts, get the TM for your weapon and any special tools you may need to repair it. These can often be purchased from the same people who sold you the parts. There are also VHS tapes showing how to perform most repairs that will ever be required for most military pattern semi-automatic weapons. These usually cost about $20 to $30 and actually seeing the work performed can be of great assistance. The money you spend now will keep your militia weapons functioning should the time come when it is no longer safe to use the services of a gunsmith, or if they have been ordered “out of business.” As noted above, don’t wait until the last minute to acquire these items. Pay for everything in cash so as not to create a paper trail back to you. Make sure no receipts bear your name. This also applies to any purchases of ammunition.

Ammunition

When kept dry and stored at room temperature modern fixed ammunition has a long shelf-life. One of the benefits of trading with the People’s Republic of China is that they make pretty decent ammo which can be had at a very reasonable price. It’s not match quality, but unless your militia rifle is going to be a Remington 700 in .308 with a HS Precision Stock and Leupold Ultra optics the Chinese ammo will do just fine. If you have any qualms about buying something produced by slave labor, plenty of ammunition (both new mfg. and surplus) is available from Argentina, Israel, and Europe. Try to buy in case lots. It will save you a lot of money and you will have ammunition from the same production lot, which means that once your weapon is zeroed you will have more consistent accuracy. The best place to find case lots is at a gun show. A case of Chinese made 5.56 mm will contain approximately 1,600 rounds. I would recommend that you keep at least 2,000 rounds in reserve for that rainy day we all hope will never come. If, however, it becomes necessary for ordinary people to take up arms in defense of the Constitution you want to have extra ammo on hand for distribution to other members of the resistance who, unlike you, either didn’t plan ahead or had their stockpile confiscated by statist conscripts.

Avoid Unnecessary Paperwork

Unlike cancelled checks or credit card receipts, cash does not create a paper trail that will be around forever and, ten years from now, alert the ninjas to the fact that you once bought an AR15 or another weapon that has since been prohibited.

Depending upon where you live, it may still be possible for you to legally purchase a firearm from another private person without having to fill out any forms that may someday bring the authorities to your door. Spend a few bucks and find out from an attorney if there are any laws in your state requiring that private transfers be accompanied by any background check or other paperwork. It’s not against the law to ask for legal advice to keep from breaking the law. And if you are not asking for advice to further a criminal act, the attorney-client privilege applies. Pay for this advice in cash. WHENEVER IT IS LEGAL FOR YOU TO PURCHASE FIREARMS FOR CASH IN A PRIVATE SALE WITHOUT ANY PAPERWORK BEING RETAINED BY THE SELLER OR FILED WITH AUTHORITIES, TAKE ADVANTAGE OF THIS. It’s worth paying a premium for a gun that can be lawfully acquired without generating records that may someday direct the authorities to your door.

If you take any legal, non-papered, firearm to a gunsmith arrange to deliver it when he opens and pick it up before he closes. This way, federal regulations will not require that it be logged into his books, as it would be if he kept in the shop overnight. Your state may have its own regulations that say otherwise, so be sure to determine this ahead of time. Pay for all work in cash and ask that no receipt with your name or address be created since the gunsmith’s carbon copy might later be used to target your weapon for confiscation. This is especially important if you legally acquired your militia weapon in a private transfer or by inheritance and there is no record of you being its lawful owner.

If you list a firearm on a rider to your homeowner’s policy, the insurance company has a record of it. Records like this can be subpoenaed by the gun police checking to see who owns what. Protecting your militia weapon against confiscation by the government is, in my opinion, more important than getting reimbursed for its loss if your house burns down.

“From My Cold Dead Fingers”

There is a big difference between resistance in defense of our Constitution and committing suicide. I advocate the former. Since my essay was first published more than 10 years ago, I have heard from several people who think it’s unpatriotic not to offer physical resistance should the authorities try to seize their guns. One anonymous soul sent me a letter chiding me for being a “pussy”. He even enclosed the classic bumper sticker declaring, “THEY CAN HAVE MY GUN WHEN THEY PRY IT FROM MY COLD DEAD FINGERS”. I hope my anonymous correspondent is reading this because, my friend, that is exactly where the guys in the ninja suits will retrieve your gun after they kill you. Want to slug it out with the police from your home? They will simply secure the perimeter and call for backup. Don’t be surprised if, after a couple of minutes, an armored vehicle rumbles up the street and right onto your front lawn. Do yourself and your family a big favor and avoid any violent confrontations with the authorities.

Liberals Are Useful For Something

Ever mindful of how some gunnies feel about the American Civil Liberties Union (ACLU), I would nonetheless recommend readers to its web page at www.aclu.org. From the section on “criminal justice” you can print out a pocket-sized “Bust Card” full of advice on how to handle yourself during confrontations with the gendarmes. Granted, people at the ACLU are rabidly anti-gun. But they do know a thing or two about dealing with people who can arrest you. The Bust Card is very well done, so take advantage of it. Keep one in your wallet right next to the your attorney’s business card. (And remember, be polite.)

“Loose Lips Sink Ships”

Do your neighbors, fishing buddies, and in-laws really need to know that you have a military pattern semi-automatic rifle, spare parts, gun smithing tools, and thousands of rounds of ammunition? If the time comes when exercising your Constitutional rights is verboten would any of them rat you out because they are anti-gun, have a grudge against you, or if they get in trouble themselves? Play it safe. Only a person with a genuine need to know and who can be counted on to keep his (or her) mouth shut should be made aware of what firearms you have and where they are.

What Have You Done Lately To Defend Your Gun Rights?

Efforts to chip away at the Bill of Rights can be defeated if enough people get out of their chairs and get involved in the political process. In 1997, an anti-gun wish list (Initiative 676) was on the ballot in Washington State. Despite being well-funded and enjoying considerable media support, I-676 went down to defeat by a margin of 71% to 29% because thousands of gunnies got organized politically and fought back. The purpose of my article and this supplement is not to lecture people about civics. Since you have bothered to read this you are obviously literate, and capable of figuring out how you can pitch in to the cause. The time and money you contribute will be well worth it if we can stop our enemies politically and ordinary people never have to take up arms in defense of our Constitution.

The more you know about how to protect yourself against anybody the better.

It up to you to defend yourself again an individual or group of individuals.

You are your own last line of defence.

2nd Amendment Information