South Carolina Unorganized Militia And Assault Weapons

The Captain’s Journal – by Herschel Smith

As a warning shot over the bow, South Carolina is poised to take action to protect the rights of its citizens.

Congratulations, you are a member of South Carolina’s “unorganized militia.” Now that you know that, state Sen. Tom Corbin, R-Greenville, wants to make sure you have access to guns in case the governor ever calls on you to defend the state.

Corbin has proposed a new state law — unanimously approved Wednesday by a Senate subcommittee — that would guarantee all members of the unorganized militia “shall have the right, at his own expense, to acquire, possess, keep, and bear all firearms that could be legally acquired or possessed by a citizen of South Carolina as of December 31, 2012.”

Translated that means — barring an almost certain constitutional challenge if the proposal becomes law — you can buy an assault weapon, regardless of whether the federal government bans them, as President Barack Obama and others have proposed.

The proposed law is based on a state law, dating back to 1881, that refers to an “unorganized militia” made up of “all able bodied persons over 17 years of age.”

“All of us here can sit back and go, ‘Finally, I don’t have to worry about giving up my shotgun or giving up my Ruger pistol or whatever. It’s over,” Corbin said. “This bill just simply says it is now part of our unorganized militia’s weaponry, therefore it is protected. … It can’t be changed by anyone outside of South Carolina.”

We had previously discussed this as a possibility, but it’s good to see that this had the unanimous support of the Senate subcommittee.  Perhaps it will pass with ease.  But wait, pointy-head has to get involved.

Nice try, but it won’t work, said Thomas Crocker, an associate professor of law at the USC School of Law who specializes in constitutional law.

It is true, Crocker said, that South Carolina can specify weapons for its unorganized militia — a concept dating back to the 18th century, when states did not have modern police forces or National Guards. States then had laws requiring everyone to own a musket and be ready to fight against outlaws or attacking Native Americans.

“The trick is if the federal government enacts an assault-weapons ban, making it illegal to have the AR-15, that will trump automatically any state law,” Crocker said. “It doesn’t matter if the state statute says that is an approved weapon. It is an illegal weapon under federal law and federal law trumps.”

Really?  Is it just that simple?  The federal government can pass any law imaginable and it trumps state laws regardless of any other considerations?  Perhaps pointy-head has been educated beyond his intelligence level.  He may be smart, but he doesn’t have a lick of common sense and he doesn’t know the very state in which he works.  I do.

Here’s a suggestion, send some federal agents to Pickens, Travelers Rest and Marietta, and up around the Jocassee Gorges, Devil’s Fork and Gap Creek areas to collect guns – that is, after you get all of the local Sheriffs to cooperate with you.  Write me a note and tell me how that goes.

http://www.captainsjournal.com/2013/02/14/south-carolina-unorganized-militia-and-assault-weapons/