-Discussion questions as to "Militia" and  Unconstitutional Infringement of Right to Keep and Bear Arms.

draft In Process of being drafted 8/25/09:

Background for study question: 

"No one will be able to be armed. We are going to take all the weapons."

A report was made which stated: 

..."the inhabitants had been ordered to bring in their arms". 

The foregoing sets forth two separate quotations, separated by time and events. Do you know when in American history each was stated?

The first was during Katrina, Deputy Police Chief Warren Riley (2005) (See confiscations by Police Video). The second was shortly before the American Revolution (1769) (occupation of Boston by British troops, allegedly to suppress riots and collect taxes). (See The Arms of the People Should Be Taken Away" by Stephen Halbrook ).

Study Questions:  

         1.  What are the similarities between the firearms confiscations during Katrina and those of Boston (1768)?  

         2.  Will Katrina be a precursor to armed revolt, as Boston was to Lexington and Concord (April 19, 2775)?

Discussion:

"Immediately after Hurricane Katrina, the National Guard and Police were dispatched to citizen homes to confiscate firearms. The step from asking for voluntary compliance with inspections to breaking down the door forcefully in the dark of night is a slippery one and one that all Americans must be concerned about. In a video these attacks and confiscations by Police are described." (See: NRA warns citizens have rights if ATF comes to your home to inspect weapons - Examiner - Story).

In relation to the confiscations during Katrina, consider the following:

   "...assume that Congress enacts a purported statute which bans the private possession of all firearms, and requires them to be surrendered to the BATFE for immediate destruction.... For public officials affirmatively and intentionally to make impossible self-protection by the citizens, by requiring them to surrender their firearms and render themselves utterly defenseless in the face of deadly aggression, puts an end to the citizens' "reciprocal obligation[ ]" of allegiance to the government. But if that allegiance is nonetheless forced by, say, requiring citizens to suffer in silence house to house searches for and seizures of firearms, under color of law, what other than tyranny has been established? A government that refuses protection to its citizens, but instead exposes them to destruction, cannot demand their allegiance; and a government that demands their allegiance without offering them protection--let alone while prohibiting them from protecting themselves--is no government at all, only a criminal conspiracy among the public officials constituting it." ...Thus, the very existence of such a statute, intended to further, and as an overt act evidencing, a criminal conspiracy against society, is itself a perfect legal justification for disobeying its commands, as well as any purported court order or other mechanism aimed at its enforcement. Disobedience to such a statute, order, or other mechanism could not be a crime, because "[a]n unconstitutional act is not a law;... it imposes no duties; it is, in legal contemplation, as inoperative as though it had never been passed". Norton v. Shelby County, 118 U.S. 425, 442 (1886). "An unconstitutional act is not a law; it binds no one". Huntington v. Worthen, 120 U.S. 97, 101-02 (1887). "An unconstitutional law is void, and is as no law. An offence created by it is not a crime." Ex parte Siebold, 100 U.S. 371, 376 (1880), quoted with approval in Fay v. Noia, 372 U.S. 391, 408 (1963)."  (See States' Militias Guarantee RBKA Part 1).

Questions for Group Discussion: 

      1.  In the event of an "emergency" (e.g., fire, storm, swine flu, etc...), will you obey "orders" to turn in all of your firearms (e.g., another "Katrina")?

      2.  Do you believe our forefathers would have followed such orders as during Katrina?

      3.  What response would you expect from your local law enforcement officers?

            a.  Would they follow federal "orders"?

            b.  Would they refuse to follow federal "orders"?

       4.  What would you do in an attempt to avoid confrontation while still retaining your firearms?

       5.   If the Militia of the Several States were revitalized, what role, if any, would they / should they take? How?

Further references:

Katrina

NRA warns citizens have rights if ATF comes to your home to inspect weapons - Examiner - Story

Hardy

Hardy--

State prepares to challenge U.S. gun laws -'This is an issue where the federal government has no business'

NOTE: The purpose of the above questions is for educational purposes to facilitate discussion and research on matters relating to the U.S. Declaration of Independence, U.S. Constitution, and the Bill of Rights. There is NO INTENT FOR VIOLENCE, but merely to raise important questions for educational and study purposes.