On Militia's

This post will probably be boring for some people, however there is a LOT of misinformation about Militia's.

Some people say that while We the People are the Militia ie: the Unorganized Militia, we are not bound by the Laws of the FedGov nor the State we might be living in.

Sorry, you're wrong there.

EVERYONE is bound by both FedGov and State Laws as they refer to Militia's.

My father who was a VERY GOOD Attorney before his death in 2004 was worried about his middle son (Me) getting involved in a "Militia".  He didn't think it was a bad idea or an illegal one, however he wanted to make sure I stayed on the right side of the law.

So he, one of the junior lawyers in his firm, and 2 of his interns did some research to keep me and my friends in our "Militia" safe and more importantly "LEGAL".  He also bounced his research off of several of the Judges in both St. Louis City and County.

What my dad came up with is, you can call yourself a Militia, a Volunteer or an Irregular.  However you were STILL under the Minimal Authority of your Counties Sheriff, and under the Maximal Authority of your State's Governor.

Meaning that if things do go to you know where in you know what basket, if you identified as a Militia Member of any type you WERE under proper Legal Authority and had to follow the directives of ANY Law Enforcement Officer or National Guard Officer or Designated Authority.

You couldn't declare yourself a mini Warlord in whatever area you chose, you had to follow the Laws and the Directives of any competent Legal Authority in your area.  Even if those orders were to stand down and disarm.

To do otherwise was considered insurrection/mutiny and since you ARE identifying yourself as a Militia Member you are to be held to the Standard of your State's National Guard.  ie the UCMJ. in addition to any Local, State and Federal Laws.

I trusted and respected my Father's legal knowledge then and I still do now.

So if you disagree with him, well bring legal cites.  I don't have all of his old research on the subject, it was lost as all of his case files had been returned his clients or destroyed back in 2006.  However when it came to the Law, well my father had over 20 years of experience, was a very respected attorney both by other attorneys and judges in local, several state's and federal courts.  He had argued in front of the US Supreme Court a few times and had even been offered a job by Harvard.

I don't say my dad was infallible, but when it came to interpretation of Law, even Judges would confer with him.  And I also know several Federal Prosecutors who consulted him from time to time when it came to US/ Native American treaties because of his knowledge.

So if you think that your Militia is somehow NOT bound by the laws where you are, I strongly suggest you get an attorney and have him do the research before you find yourself in trouble.

And if you wish t discuss this in my comment section, please keep it respectful.  And I DO NOT allow anonymous comments.  If you can't man or woman up to leave your name, I don't wish to hear your input.