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Thread: Tennessee Guardsman Challenges Supreme Court on 2nd Amendment

  1. #31

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    Howdy.
    what id tell this fellow is this
    to go online and look up this law it's been law since 1902.
    it's called the DICK ACT.
    or as it's better known as THE EFFICIENCY OF MILITIA BILL H.R. 11654 JUNE 28TH 1902.
    this law can NEVER BE REPEALED it's to long to go into here but i believe this law will help him with his appeal.
    Semper Fi.
    jim.



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  3. #32

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    Hamblen's problem is wishful thinking-- It's currently a serious offense for active-duty combat troops, serving downrange, to keep their own AR uppers. Machine guns and he wasn't even in the National Guard? What was he thinking?

    I'm fully aware that the UCMJ and Federal law are two different animals, but it still isn't hard to guess that you'll never get away with something like this-- or any weapons offense.
    Last edited by bread and circuses; 05-05-2012 at 06:23 PM.

  4. #33

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    Quote Originally Posted by bread and circuses View Post
    Hamblen's problem is wishful thinking-- It's currently a serious offense for active-duty combat troops, serving downrange, to keep their own AR uppers. Machine guns and he wasn't even in the National Guard? What was he thinking?

    I'm fully aware that the UCMJ and Federal law are two different animals, but it still isn't hard to guess that you'll never get away with something like this-- or any weapons offense.
    What does that have to do with anything?

    The National Guard is NOT the Militia.
    The point he was/is trying to make is that the Gun Laws are completely unconstitutional. Period. (all of them)
    Liberty is lost through complacency and a subservient mindset. When we accept or even welcome automobile checkpoints, random searches, mandatory identification cards, and paramilitary police in our streets, we have lost a vital part of our American heritage. America was born of protest, revolution, and mistrust of government. Subservient societies neither maintain nor deserve freedom for long.
    Ron Paul 2004

    Registered Ron Paul supporter # 2202
    It's all about Freedom

  5. #34

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    Quote Originally Posted by pcosmar View Post
    What does that have to do with anything?

    The National Guard is NOT the Militia.
    The point he was/is trying to make is that the Gun Laws are completely unconstitutional. Period. (all of them)
    Exactly, and one of the points of the Miller case, is that weapons useful for militia service would be exempt from the National Firearms Act, if after the case was tried at the lower court and the Act found constitutional. Many people (especially gun banners) forget that the SCOTUS said the NFA was not prima facie unconstitutional, it could be legal to tax arms not suitable for militia service and still not violate the 2A.

    Mr. Hamblen paid a high price for trying to promote freedom, and I don't want to criticize someone who has done what he has done for liberty, but a more effective lawyer working the Miller angle on a M16 / M4 type of weapon may have had a better chance at blowing a hole in the NFA.
    Last edited by Pericles; 05-07-2012 at 10:39 AM.
    Out of every one hundred men they send us, ten should not even be here. Eighty will do nothing but serve as targets for the enemy. Nine are real fighters, and we are lucky to have them, upon them depends our success in battle. But one, ah the one, he is a real warrior, and he will bring the others back from battle alive.

    Duty is the most sublime word in the English language. Do your duty in all things. You can not do more than your duty. You should never wish to do less than your duty.

  6. #35

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    Quote Originally Posted by pcosmar View Post
    What does that have to do with anything?

    The National Guard is NOT the Militia.
    The point he was/is trying to make is that the Gun Laws are completely unconstitutional. Period. (all of them)
    Indeed they are; that having been said, Washington ignores the Constitution altogether unless it suits them to invoke it-- and even then, their argument is usually so much drivel.

    It's not inconsistent to agree with his interpretation of the 2A and still realize that the same won't hold up in court.

  7. #36

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    pretty hard to fight tyranny with just slingshots and peashooters...

  8. #37

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    Well w/o getting lawyers like Gerry Spence, or more importantly Steve Hallbrook just about any NFA type weapon case you will lose. Let's just try to remember after this next (coming) fight.........let's SPELL out NO GUN LAWS PERIOD..........

  9. #38

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    Quote Originally Posted by greenghost1964 View Post
    Well w/o getting lawyers like Gerry Spence, or more importantly Steve Hallbrook just about any NFA type weapon case you will lose. Let's just try to remember after this next (coming) fight.........let's SPELL out NO GUN LAWS PERIOD..........
    The issue is that the 2A already says that.
    Out of every one hundred men they send us, ten should not even be here. Eighty will do nothing but serve as targets for the enemy. Nine are real fighters, and we are lucky to have them, upon them depends our success in battle. But one, ah the one, he is a real warrior, and he will bring the others back from battle alive.

    Duty is the most sublime word in the English language. Do your duty in all things. You can not do more than your duty. You should never wish to do less than your duty.

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