Anti-militia law question

[LACamper]

Monday I was talking with someone who lived in Algiers during Katrina. She told me she lived in an apartment complex that was mostly military. After the storm passed they announced that anyone who wanted to stay was welcome, but had to sign up for guard duty. She was issued (lent?) an AK by one of the guys and given a quick how-to course. Then she was paired with someone that was military and they took their turns walking a beat to protect the complex from looters. (btw, I don't really know the person so I can't testify as to its accuracy, but have no reason to doubt it).
As it turned out they didn't have any problems. The question I had was what if they had. Keeping in mind that this was Algiers and inside N.O. city limits and with a N.O. mayor and DA, could this have been construed as forming a militia?
I know that I've considered that should a crisis arise that I couldn't evacuate from I would gladly arm my neighbors. Now I'm wondering how far I can legally go in doing that...

 

[robbynola]

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[Born4spd]

Yep , some of the airsoft teams are even paranoid about La's Militia Law because it is so vague.

 

[robbynola]

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[whttnbrg]

As a reenactor, we have worried about this. With several LEO's and a few lawyers in the ranks there has been much disscussion about this. This is what they came up with.

For the purposes of this Section, "paramilitary organization" shall mean a group organized in a military or paramilitary structure, consisting of two or more persons who knowingly possess firearms or other weapons and who train in the use of such firearms or weapons, or knowingly teach or offer to teach the use of such firearms or weapons to others, for the purpose of committing an offense under the laws of this state or any political subdivision thereof

As long as you can show this is NOT why you are training then you should have no problem. The last time we were approached, we explained what we were doing, and it was "Cool, can I touch your Vintage AR, or that AK"

 

[robbynola]

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[robbynola]

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[wezand]

Regardless of what our elected and appointed officials tell us to the contrary, anti-Militia Laws are UN-Constitutional -- Period!!!!!

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." -2nd of the first ten amendments to the Constitution, adopted 4 March 1789, ratified 15 December 1791

"Who are the militia? Are they not ourselves?... Congress have no power to disarm the militia." -Tenche Coxe, The Pennsylvania Gazette, Feb. 20, 1788

"No clause in the Constitution could by any rule of construction be conceived to give to Congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretense by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both." -William Rawle, A View of the Constitution 125-6, 2nd ed. 1829

"Militias, when properly formed, are in fact the people themselves....[W]hereas, to preserve liberty, it is essential that the whole body of the people always possess arms" -Richard Henry Lee, The Pennsylvania Gazette, Feb. 20, 1788

"Why should we not provide against the danger of having our militia, our real and natural strength, destroyed? The general government ought, at the same time, to have some such power. But we need not give them power to abolish our militia.... They may effect the destruction of the militia, by rendering the service odious to the people themselves, by harassing them from one end of the continent to the other, and by keeping them under martial law." -George Mason, speech of June 14, 1788

"One of the ordinary modes, by which tyrants accomplish their purposes without resistance, is, by disarming the people, and making it an offense to keep arms, and by substituting a regular army in the stead of a resort to the Militia." -Constitutional scholar and Supreme Court Justice Joseph Story, 1834

Roger Sherman, during House consideration of a militia bill (1790), "[C]onceived it to be the privilege of every citizen, and one of his most essential rights, to bear arms, and to resist every attack upon his liberty or property, by whomsoever made. The particular states, like private citizens, have a right to be armed, and to defend, by force of arms, their rights, when invaded." -14 Debates in the House of Representatives, ed. Linda Grand De Pauw

"In recent years it has been suggested that the Second Amendment protects the "collective" right of states to maintain militias, while it does not protect the right of "the people" to keep and bear arms. If anyone entertained this notion in the period during which the Constitution and the Bill of Rights were debated and ratified, it remains one of the most closely guarded secrets of the eighteenth century, for no known writing surviving from the period between 1787 and 1791 states such a thesis." -Stephen P. Halbrook, "That Every Man Be Armed", 1984

 

[whttnbrg]

I am always carefull who I shoot with, and who I associate with. I keep my friends close, and my enemies closer.

 

[SimonJester308]

Oh no, the Republicrats and Demopublicans that would be most effected by the result of militias forming had the forethought to make them illegal. Heres what I say...

But when a long Train of Abuses and Usurpations, pursuing invariably the same Object, evinces a Design to reduce them under absolute Despotism, it is their Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security.

I dont think the Founders of this Country could have imagined a Tyranny of Incompetence.

 

[posse comatosis]

Title 14:117.1 Another stupid, baseless statute passed by a clueless Louisiana Legislature. Wezand is correct, 117.1 is clearly unconstitutional no matter under any circumstances. It could be a hell of an expensive fight, however.

 

[Bayoupiper]

I dont think the Founders of this Country could have imagined a Tyranny of Incompetence.

Nope they didn't.
They thought people would continue to be self reliant and responsible.

Instead we have an ever growing population of non-milk drinking mutants!

Want a good read, go look up James Madison's writings.




.

 

[WHEELER]

I don't think you will have to worry about the militia law in a Katrina situation, however you will have to worry about Riley, NOPD, and nolacop siezing your weapons, field stripping them, and locking them up in a rusty trailer for 6-12 months.

 

[GrumpyOldMan]

I don't think you will have to worry about the militia law in a Katrina situation, however you will have to worry about Riley, NOPD, and nolacop siezing your weapons, field stripping them, and locking them up in a rusty trailer for 6-12 months.

You made a mistake… it was closer to 24 months.

 

[mcinfantry]

Oh no, the Republicrats and Demopublicans that would be most effected by the result of militias forming had the forethought to make them illegal. Heres what I say...

But when a long Train of Abuses and Usurpations, pursuing invariably the same Object, evinces a Design to reduce them under absolute Despotism, it is their Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security.

I dont think the Founders of this Country could have imagined a Tyranny of Incompetence.

is it just me or if i close my eyes and over enunciate a little bit when i read this aloud doesnt it sound like big-word rev jackson?

 

[wezand]

Nope they didn't.
They thought people would continue to be self reliant and responsible.

Instead we have an ever growing population of non-milk drinking mutants!

Want a good read, go look up James Madison's writings.

Agreed! Some of Madison's writings seem almost prophetic. I also found this quote by Alexander Hamilton in The Federalist Papers, No. VIII,

"Safety from external danger, is the most powerful director of national conduct. Even the ardent love of liberty will, after a time, give way to its dictates. The violent destruction of life and property incident to war; the continual effort and alarm attendant on a state of continual danger, will compel nations the most attached to liberty, to resort for repose and security to institutions which have a tendency to destroy their civil and political rights. To be more safe, they, at length, become willing to run the risk of being less free."

There's also plenty of good quotes by James Madison in The Federalist Papers:

http://books.google.com/books?id=uxcTAAAAYAAJ&printsec=frontcover&dq=The+Federalist+1788

 

[Louisiana Shooter]

The ultimate irony of the Federalist Papers is that, upon reflection, they prove that the anti-federalists were right.