USA – -(Ammoland.com)- According to author Lenden Eakin : “The U.S. Supreme Court has repeatedly found that the Second Amendment protects civilian ownership of firearms for Militia purposes, but has not defined those purposes. Federal Courts of Appeal have upheld “Assault Weapons” bans without respecting Militia purposes as recently as last week (4th Circuit).
The President, as Commander in Chief of the Militia under the Constitution, has full authority to designate the arms for people to bear in order to achieve Militia purposes.”
Mr. Eakin has practiced law for over thirty years, has experience as a Militia officer (National Guard and State Defense Force) and wrote the book Showdown: The Looming Crisis Over Gun Control (Mascot Books).
He also says: “An Executive Order like this could have a significant impact on the litigation to challenge Assault Weapons Bans currently making its way through the Courts. It would help the challengers.”
What follows is and example of the proposed Executive Order:
By the authority vested in me as President and Commander in Chief of the Militia by the Constitution and the laws of the United States of America, and in order to ensure the ability of citizens of the United States to defend themselves, their communities and their States, as well as to ensure the safety and security of our Nation, I hereby order as follows:
Section 1. Purpose. Both individual and community safety are critically important to the national security of the United States. Terrorism, transnational criminal activity and potential acts of war by foreign nations present a significant threat to national security and our citizens, who have the right and the duty to defend themselves, their communities, their States and the Nation.
Section 2. Policy. It is the policy of the executive branch to:
(a) Support and defend the Constitution, including the Second Amendment right of citizens to keep and bear arms for Militia purposes, as well as self-defense.
(b) Encourage citizens to be prepared to act as members of the Militia to defend communities, States and the Nation, as part of the common defense contemplated by the Constitution of the United States.
(c) Discourage restrictions by States and political subdivisions on individual possession of firearms suitable for Militia purposes by citizens of the United States.Section 3. Definitions.
(a) “Militia” has the meaning given the term in Title 10, Section 311 of the United States Code to include the Unorganized Militia, as well as the meaning given to the term “Militia” under equivalent State statutes.
(b) “Self-Defense” shall mean the actions of citizens to defend themselves and their families from physical attack.
(c) “Communities” shall mean neighborhoods, towns, cities, counties and other political subdivisions of citizens who live in distinct geographic areas within a State.
(d) “State” shall mean one of the fifty States of the United States.
(e) “Militia Purposes” shall mean training, practice and preparedness which could improve the ability of a citizen to act, and to be armed in case of a need to act, as a current or future member of a local, State or National organization commanded by government officials and responsive to a physical threat. Appropriate organizations include those commanded by an elected county or city Sheriff; those commanded by the Governor of a State through officers of that State’s Defense Force as authorized by Title 30, Section 109 of the United States Code, or through officers of that State’s National Guard; and organizations commanded by the President through officers of the Active or Reserve components of U.S. Armed Forces.
(f) “Militia Rifles” shall mean the firearms designated in Section 4 that are made in America and suitable for use in self-defense, community defense, defense of States and defense of the Nation.Section 4. Designation of Militia Rifles. That the following firearms and accessories are authorized and appropriate for individual citizens to keep and bear for Militia purposes under the Constitution and the laws of the United States:
(a) The AR-15 and similar semi-automatic rifles, to include flash suppressors and bayonet lugs, magazines of up to thirty round capacities, M-7 bayonets, and ammunition in 5.56 NATO or .223 Remington, in all quantities.
(b) The M1A and similar semi-automatic rifles, to include flash suppressors and bayonet lugs, magazines of up to twenty round capacities, M-6 bayonets, and ammunition in 7.62 NATO or .308 Winchester, in all quantities.
(c) The M1 Garand and similar semi-automatic rifles, to include flash suppressors and bayonet lugs, M-5 bayonets, and ammunition in .30-’06 Springfield, in all quantities.
(d) Bolt action rifles in the calibers of .30-’06 Springfield; 7.62 NATO or .308 Winchester; 5.56 NATO or .223 Remington; or any substantially equivalent caliber, and ammunition appropriate for the rifles, in any quantity.
(This list could easily be expanded or replaced by a broad definition.)Section 5. Pre-emption. This Executive Order is intended to pre-empt the laws of States or political subdivisions that infringe upon the rights of citizens to keep and bear the arms designated in Section 4.
Section 6. Judicial Notice. That the judges of all State and Federal Courts are hereby given notice that possession of the designated Militia Rifles and accessories by citizens should not be restricted or infringed upon by State laws or the laws of a political subdivision of a State and any such law should be reviewed under the strict scrutiny standard to determine whether it is a violation of the Constitution of the United States after judicial consideration of this Order and the fact that it was issued by the Commander in Chief of the Militia.
Donald J. Trump
THE WHITE HOUSE
March __, 2017
Leakin says “The U.S. Supreme Court has repeatedly found that the Second Amendment protects civilian ownership of firearms for Militia purposes, but has not defined those purposes.”
This is completely untrue. Civilian ownership is protected without regard to purpose. At least that’s what the Supreme Court has said.
I realize that many things were left out! But they fall under the same rule that we live by now. I will shoot your a** if you try to take it from me!!!!!!!!!!!!!!!!
Jerry, I’m so sorry to hear that you live in New York. A beautiful state, west and north of the coast. Hopefully the bill being advanced in the Legislature to confine the SAFE Act (to keep criminals safe) to NYC will gain traction. Move out if you can.
My sense is that many preppers have stockpiled 5.56/223. 7.56 for AK’s is great, but AK’s can’t be had by the law-abiding on the coasts.
don’t forget the AK 47 style rifle in all variants as it could be the weapon of choice of any hostile entity and ammo captured by a militia organization would be readily available for use. that way I could go dig mine up from where I had to bury it to hide it from Andy Coumo
Hi Chuck: The proposed Executive Order was my segue into a real but quite unappreciated need for our existing citizen militia. The electric utility industry is quite aware of the potential for a massive grid-down scenario, but there is no traction to be gained from the 50+ public utilities commissions that must improve rate increases for emergency hardware, no matter how modest the cost. The PUCs are not vested with a prepper’s mindset. I have been writing selected representatives about the idea of voluntary rate-payer contributions to harden the grid, bypassing PUCs, and plan to engage more, but the insanity… Read more »
Fabulous suggestion, well thought out. Since many people have read Ted Coppel’s “Lights Out,” and have thought that citizen militia’s would have a role during an extended grid-down, perhaps the following addition to the Purpose would help: Section 1. Purpose. Both individual and community safety are critically important to the national security of the United States. Terrorism, *attacks on the electric grid*, transnational criminal activity and potential acts of war by foreign nations present a significant threat to national security and our citizens, who have the right and the duty to defend themselves, their communities, their States and the Nation.… Read more »
While I understand (and agree with) the idea and intent, I think this is a poor execution of that idea. The definitions in this proposed EO are too limiting (such as the descriptions of organizations in Sec 3e or the lists of rifles in Sec 4 already pointed out by many before me). While I understand that such specificity is the hobgoblin of writing laws and that vague, open phrases such as “including but not limited too” are often the arena upon which legal battles are fought, this almost reads as a plan for, “This is how the Executive Branch… Read more »
Nice to have the EO then followed by Congress. The EO is fine to establish the rights of militia to possess all firearms necessary to defend themselves and our Country. It should not limit calibers or place of manufacture. It is great to expand the magazine capacity to unlimited . It must also include all handguns.
This will Backfire due to it is too specific in types of Weapons and Ammunition and overlaps into the oath. This also seems like with our New POTUS there are a increasing amount of Pro-Gun Evangelists coming forward. I understand to intent to pushback, but we already have many Laws and Rights in Place…it is more about interpretation and Education.
Because consider the fact the Left or Democrats or Fascist Liberals Anti-Gun Zealots never think of the Law, they think in emotion and morality.
Years ago I worked with a black man. He carried a long bladed folding knife. I It was illegal in that city. I asked him if he wasn’t scared the police would catch him with it.
His answer, “I’d rather the policeman would catch me with it than some people catch me with out it”.
This makes sense to me.