Tag Archives: militia

Texas To Raise Firearm Purchase Age?

That’s what state Senator Roland Gutierrez wants to do.

Texas State Sen. Gutierrez announces ‘common sense gun safety’ bills</a
In a news release sent out Tuesday morning, Gutierrez’s office said the bills will address purchasing age requirements, a bulk ammunition database and the safekeeping of firearms.
[…]
Gutierrez started the conference by stating that he is not looking to take guns away; rather he wants the state to raise the age requirement of those who can purchase firearms from 18 to 21.

Given the BRUEN test of general historical tradition, that is likely to backfire on him. The general (federal) tradition at the time was The Militia Act of 1792, which specified:

“That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia”
[…]
“That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock

18 year-olds must be armed. So raising the age won’t fly. And federal courts are beginning to agree.

The “backfire” part lies in the current law, 10 U.S. Code § 246 – Militia: composition and classes: “able-bodied males at least 17 years of age“.

Seventeen year-old males are in the militia.

Should Gutierrez’s proposal pass and be signed into law, court challenges — under BRUEN precedent — are very likely to force lowering the minimum age to purchase a firearm.

I think his other bills — safe storage, ammunition background checks and registration, liability insurance, etc — should also be reexamined in light of BRUEN. I think you’ll find Associate Justice Thomas’s words on surety interesting, when considering the liability insurance proposal:

…the surety statutes presumed that individuals had a right to public carry that could be burdened only if another could make out a specific showing of “reasonable cause to fear an injury, or breach of the peace.

The closest thing to firearm liability insurance only began happening in the mid-19th century, and then only for those against whom a credible and specific showing of a threat had been made (take note of that for “red flag” laws, too).

In case you wondered, Gutierrez is a Dimwit-ocrat; adf the Dims are being very slow to catch on to the nuances of BRUEN, and the new original playing field.

 

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Open Carry: Are you normalizing, or making yourself a target?

Rep. Dan Crenshaw, who loves him some prior restraint of rights when it comes to “law & order,” does have some good advice. Stopped clock, twice a day, and all that.

Dan Crenshaw Right About What 2A Community Needs
Rep. Crenshaw cut to the chase about how the Second Amendment movement can continue the momentum and the importance for the industry and existing gun owners to change the way they recruit and welcome new firearm owners into the community.

“We need a lot less guys dressing up in their Call of Duty outfits, marching through the streets and we need a lot more women who are talking about how they need the right to defend themselves against a larger man.”

Tom Knighton elaborated in his own words.

“They don’t see those folks as ordinary people. They seem them as a violent militia that might start shooting at any given moment. They’re terrified of what that means.”

The Gun Feed referred to that as “pro-gun LARPing.” I agree; and I’ve addressed it before. Optics — viewpoint type, not firearm — matter. The people we want to persuade need to be persuaded precisely because they don’t view these things as do we.

If you want to sway these people to the Constitutionally correct view of the Second Amendment, do it right.

Tactical gear, ARs and AKs, and scary militant slogans aren’t going to suddenly persuade the Democrat delegates, Democrat senators, and Democrat governor that, “Well, gosh. We were wrong; these are just peaceable, reasonable, nonviolent people who make an excellent point.” Militant appearance and behavior at a lobbying event reinforces their belief that mere citizens are too dangerous to be trusted with arms.

If I’d been planning this, I’d have set up the rally as a silent protest outside, with everyone dressed as neatly as possible in their everyday work attire, to drive home the real point that we are just ordinary citizens, not nutjobs.

That’s one reason to avoid the tacticool look. But consider another. Police and federal agents are also watching.

Do you remember Duncan Socrates Lemp, killed in his bed by police? They targeted him because, due to his display of weaponry and gear, they decided he was an evil boogaloo/militia type. Lemp died for his optics. He won’t be supporting 2A rights much anymore.

Then there’s the “Hey, let’s form a militia, kidnap Gov. Witless, and put her on trial” morons. Sure, the feds had them heavily infiltrated with CIs and agents, and most likely talked them into the ridiculous “conspiracy,” but why target them?

Yep, militia, running around in public with ARs, and the like. They had the right-for-the-feds-purposes look.

They won’t be very active in the 2A community for a while, what with being in jail, awaiting expensive trials.

You absolutely have the right to rig up, and demonstrate with a rifle over your shoulder. But is it worth arrest or death? Does it “normalize” firearms ownership to do something that I’m quite willing to bet isn’t particularly normal even for the tacticool demonstrators? How many of them really dress and carry like that to doctor appointments, or grocery shopping? Outside of training sessions, do they rig up for anything but protests?

There are times and places for the the tactical look, if you want to drop the occasional hint to would-be tyrants. Consider getting a group of fellow veterans together to march in a Veterans Day parade, for example. In completely appropriate setting, you’re saying, “Our regular service may be done, but we’re still willing and equipped to respond as needed.” I’m sure you can think of other appropriate settings.

Otherwise, the setting is probably inappropriate for that sort of thing. If you want to normalize gun ownership through open carry, do it normally. Dress in your normal every day attire, possibly with a little extra attention to neatness. And open carry the pistol you normally carry. Do normal things while open carrying, like checking mail, or mowing the grass (yes, I do).

That’s a lot more likely to convince neighbors you’re a normal person who just happens to own a gun and “Huh, that must be common after all, and no big deal.”

That’s a lot less likely to convince the authorities that you’re another dangerous Lemp who needs to be eliminated, or low-hanging fruit ripe for harvest in a militia terrorism sting. Think of it as “OPSEC.”

[Permission to republish this article is granted so long as it is not edited, and the author and The Zelman Partisans are credited.]

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