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Gun Reports - News

Randy E. Barnett

Saved by the Militia: Arming an Army Against Terrorism

(GunReports.com) -- Randy E. Barnett, the author of "The Structure of Liberty: Justice and the Rule of Law," wrote an op-ed on Sept. 18, 2001, that reverberates even today. Was the "militia" mentioned in the 2nd Amendment responsible for ensuring Flight 93 didn't hit its target? Read on to see what federal law actually says.

A well-regulated militia being essential to the security of a free state. . . .” The next time someone tells you that the militia referred to in the Second Amendment has been “superceded” by the National Guard, ask them who it was that prevented United Airlines Flight 93 from reaching its target. The National Guard? The regular Army? The D.C. Police Department? None of these had a presence on Flight 93 because, in a free society, professional law-enforcement and military personnel cannot be everywhere. Terrorists and criminals are well aware of this — indeed, they count on it. Who is everywhere? The people the Founders referred to as the “general militia.” Cell-phone calls from the plane have now revealed that it was members of the general militia, not organized law enforcement, who successfully prevented Flight 93 from reaching its intended target at the cost of their own lives.

The characterization of these heroes as members of the militia is not just the opinion of one law professor. It is clearly stated in Federal statutes. Perhaps you will not believe me unless I quote Section 311 of US Code Title 10, entitled, “Militia: composition and classes” in its entirety (with emphases added):

“(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are —

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(

2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.”

This is not to score political points at a moment of great tragedy, though had the murderers on these four airplanes been armed with guns rather than knives, reminders of this fact would never end. Rather, that it was militia members who saved whatever was the terrorists’ target — whether the White House or the Capitol — at the cost of their lives points in the direction of practical steps — in some cases the only practical steps — to reduce the damage cause by any future attacks.

To read the rest, click here, then come back to GunReports to comment.

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Reader Comments

Excellent article. Should be required reading for all "law-makers". The rest of us "unorganized milita" better get ready.

Comment by: tjhawk | September 15, 2011

Excellent article. Should be required reading for all "law-makers". The rest of us "unorganized milita" better get ready.

Comment by: tjhawk | September 15, 2011

Emphasis on the words "FREE STATE"

Comment by: Mister E | September 15, 2011

Well, I passed age 45 a long, long time ago, but as I push 71 I still consider myself a member of the unorganized militia. I continue to maintain my proficiency at arms, and while I'm not the same man as I was on active duty, I am ready and willing to defend and protect the Constitution of the United States of America.

C.A.Novack Lt Col, US Army (Ret)

Comment by: canovack | September 15, 2011

Well, gosh, by fed law, I'm too damned old to be 'militia'. So, I'll lie and say I'm only 35! I am way more dangerous now than I was then - but its because I used to believe in the power of non-conflict. Now I believe there are some folks who are too stupid to understand anything less than a punch in the nose (e.g. neighborhood bullies), or too out of touch with right and wrong to alter their behavior without some broken bones or fear of physical harm (e.g. bankers and financiers), or just so internally distorted that (like Zombies) you can't stop them with less than a bullet in the brain (socio and psycho-paths, NAZIs, etc.). And I can live with that.

This got my pulse up a bit - "Rather than make war on the American people and their liberties, however, Congress should be looking for ways to empower them to protect themselves when warranted. " What Congress needs to realize is that they've already gone too far, and citizens are readying themselves to defend against our own government if need be - and many I know think that need is more likely than crooks or drug gangs.

Comment by: david b | September 15, 2011

Amen, david. You done spake the gospel truth.

Gaviota

Comment by: Lee W | September 15, 2011

The need has ALWAYS been here for the "unorganized militia". If the Congress of the USA would actually hold up their end of protecting the Constitution, there would be far less need for the "unorganized militia". We are being invaded from all corners of the earth and Congress is sitting on their self coveting asses thinking of more ways to go in debt. Guns may well be the last thing they HAVEN'T taken from us already. Liberty is a figment of some day dreamer's imagination until we get the government out of the State's business. David B hit the nail on the head "Congress has already gone too far" and I, for one, am quite ready to keep them at bay. Semper Fi

Comment by: Sharps | September 15, 2011

I wish I had a copy of the federal statute as it was written about 1950. The federal statute even "required" that a person "had to own "one long gun and 100 rounds of ammunition" in order to answer the call if the militia were to be called up. And, as for the 45 year old age limit, what would today's age descrimination laws say about that! And do not forget the gender bias calling for adult males, when there are plenty of women who would gladly answer the call!

Comment by: cincyapfixer | September 16, 2011

In addition to federal laws, look to state laws which usually also define "everyone else" (except felons, etc.) as a member of an unorganized militia recognized by law.

Comment by: Visigoth52 | September 17, 2011