Debate Over Nassau ‘Militia’ Focuses on Wrong Understanding of Founding Intent

Is Nassau County forming a militia as understood by the Founders? iStock-1474827594
Is Nassau County forming a militia as understood by the Founders? iStock-1474827594

“Democrats in suburban New York are suing a Republican county executive over his creation of an armed unit of volunteer residents, saying it amounts to an illegal, taxpayer-funded civilian militia,’” the Associated Press reported in early February. “Nassau County Democratic lawmakers argue in their complaint filed Wednesday that Nassau County Executive Bruce Blakeman lacked the legal authority to form a cadre of special sheriff’s deputies with ‘authority to use deadly force and make arrests under color of law.’”

The objection to what they’re calling a “militia” is curious because Democrats are the ones who always scream, “It says ‘well-regulated!’” whenever some gun owner asks, “What part of ‘shall not be infringed’ don’t you understand?”

The volunteer program, intended to supplement police forces and help out in emergencies when regular first responders are overwhelmed, would require classroom instruction and practical firing range training, and “deputies would be assigned to protect government buildings, hospitals and critical infrastructure, and not be used to quell protests or patrol streets,” Blakeman counters, calling the complaint “frivolous” and defamatory to “the 26 volunteers sworn in to date, many of whom are retired military and law enforcement officers.”

Article.VI. of the Constitution requires:

“[A]ll executive … Officers … of the several States, shall be bound by Oath or Affirmation, to support this Constitution…”

That refutes one Democrat complaint articulated to the media and shows it to be implicitly false when attorney Josh Kelner asserts, “New York State law is clear: only professional, sworn officers can wield police powers.”

Still, is this reserve office program really a militia as envisioned by the Founders?

It sounds more like reserve “Only Ones,” and Founding era thought leaders weren’t big on “select militias.” As author/historian David E. Young has documented:

“The necessity of an armed populace, protection against disarming of the citizenry, and the need to guard against a select militia and assure a real militia which could defend liberty against any standing forces the government might raise were topics interspersed throughout the ratification period.”

[Read  my 2008 interview with Mr. Young here.]

We’ve seen problems with such citizen/cop programs emerge before, when the Los Angeles County Sheriff’s Department started a “celebrity reserve/star cop” program. It quickly devolved into a favoritism-exposing fiasco after a member, who was an heir to a prominent food production company, was accused of running out of his Bel-Air house in his underpants, yelling “Stop! Police!” pointing a gun with a laser sight at a couple on a date, causing them to flee in fear from the scene.

The answer lies not with a select militia, but the one envisioned during the ratification debates by Richard Henry Lee:

“A militia when properly formed, are in fact the people themselves, and render regular troops in great measure unnecessary. The powers to form and arm the militia, to appoint their officers, and to command their services, are very important; nor ought they in a confederated republic to be lodged, solely, in any one member of the government. First, the constitution ought to secure a genuine [ ] and guard against a select militia, by providing that the militia shall always be kept well organized, armed, and disciplined, and include, according to the past and general usage of the states, all men capable of bearing arms; and that all regulations tending to render this general militia ― useless and defenceless, by establishing select corps of militia, or distinct bodies of military men, not having permament interests and attachments in the community is to be avoided. …To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them….”

“Ignoring the core purpose makes the Second Amendment more vulnerable to Infringements,” I argued in pair of Firearms News articles (Part 1 and Part 2). The first 13 words, articulating what the Founders knew to be “necessary to the security of a free state” are the ones ignored by “gun rights” lawsuits” limiting the right to “self-defense.”

So, what about “well regulated”?

Good question.

No politician of either party with a vested interest in the over $100B annual police “industry,” and what President Eisenhower called “the military-industrial complex” seems incentivized to answer it.

 

Only Purpose of Democrats’ Anti-Militia Bill is to STOP Firearm Training

The Heritage of American Militias


About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

David Codrea

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Darkman

News Flash!!!! Attorney General Pam Bondi has fired ATF Chief Counsel Pamela Hicks. she was escorted out of the building by armed security officers.

Last edited 5 months ago by Darkman
Nick2.0

Blakeman’s “group” is clearly not a militia per the Second Amendment. This group is clearly a group of volunteer/reserve deputies. The biggest question I have is can a county executive, swear in volunteer deputies? Doesn’t that have to be done by the county sheriff? My second question is, if these deputies are organized by him, and not the sheriff, then, are they even deputies? I think this sets a dangerous precedent, if a politician, can out of thin air, appoint his own force of deputies. Do we want politicians to have that power? Or do we want the traditional sheriff,… Read more »

Last edited 5 months ago by Nick2.0
Considerthis

There have been many arguments regarding ” regulation”. Typically the left defines it as meaning controlled. I prefer defining it as proper functioning.
I gifted Mr. Codrea with some very old letters ordering a military commander to go and collect weapons from civilians and to have the weapons re- arsenaled if they needed repair. Once they were all determined to be in good order they were to be returned to their owners for milita use. Mr. Codrea showed images of the letters in a column he wrote.

grant

“New York Law s whatever I say it is at that moment!”
Just Ask Kathy Hochul!

DIYinSTL

This sounds a lot like the old Civil Defense volunteers of the ’60s and ’70’s.

OldJarhead03

This is a very good idea, and others may wish they had done the same. If the cartels or other foreign terrorists decide a kinetic response is the way to answer DJT’s new offensive, there aren’t enough regular cops to even come close to providing security or a response. Personally, I’m surprised massive of targeting people and places inside the US hasn’t happened yet (see the novel “The Attack” by Kurt Schlichter). In the last four years they certainly brought in thousands of people and tons of drugs. Does anyone believe there were no weapons or explosives as well?

musicman44mag

I stated the other day when talking about militias that Oregoneistan is re-defining the definition of militia vs Militia that all the blue states seem to be on the same page. We need to stop this crap. Blue people do not deserve to have all of the best territory for moderate weather. Republicans moving out to fly over country and more leftists moving into Blue states are only giving them a stronger majority. More LGBTQ, CRT, BLM and Antifag people which is more mental sickness and less common sense. I pray that the federal government enforces the illegality of Sancturary… Read more »

john

Democrats are not capable of speaking the truth even in the face of the last 5 weeks they continue to lie about the actions they are clearly responsible for.
Congress needs a good going over along with the senate they are elected to do a job not to re write the American constitution or give away trillion of American tax dollars.

Sisu

As a Nassau County, NY resident for many decades, I am not in favor of County Executive Blakeman’s “provisional deputies” initiative.   That said the initiative follows from Cnty Law Sect 655 to Gen Municipal Law Art 10 Sect 209-F: https://www.nysenate.gov/legislation/laws/GMU/209-F.   I would prefer that such an “auxiliary force” whether under the control of the County Sheriff or County Executive should be statutory “peace officers” operating at all times as volunteers, and as “Peace officers designated pursuant to the provisions of the New York state defense emergency act, …”, a “unique” force to protect and maintain order in times… Read more »

swmft

the oath keepers as ex military would fit as long as they were not officers militia ,is the people of a local working to protect their town or suburb would even include the soccer mom delivering food /water to people standing guard against rioters
a retired police unit,is police reserves and would be more of a problem than help

Last edited 5 months ago by swmft