• GaryL posted an update 1 year, 7 months ago · updated 1 year, 7 months ago

    Why Florida Rifle Bill is Still-Born –

    “The law raises the minimum purchasing age for buying a rifle from 18 to 21, invokes a three-day waiting period on purchases and enables school employees and many teachers to be armed.”

    The Supremacy Clause of The US Constitution renders Florida’s statute null, void, and without effect as discussed below:

    By conditioning the rights of its residents and/or citizens in raising the age of purchase to 21 years of age, the Florida statute in clearly in conflict with the terms of “The Dick Act” (The Militia Act of 1903 (32 Stat. 775), also known as “The Efficiency in Militia Act of 1903”) and Title 10 USC to wit:

    “To promote the efficiency of the militia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the militia shall consist of every able-bodied male citizen of the respective States, Territories, and the district of Columbia, and every able- bodied male of foreign birth who has declared his intention to become a citizen, who is MORE THAN EIGHTEEN and less than forty- five years of age, and SHALL be DIVIDED into TWO classes — the ORGANIZED MILITIA, to be known as the National Guard of the State, Territory, or District of Columbia, or by such other designations as may be given them by the laws of the respective States or Territories, and the REMAINDER to be KNOWN as the ENROLLED MILITIA.”

    “Sec. 1625. EVERY able-bodied male citizen of the respective States, resident therein, who is of the age of EIGHTEEN years and under the age of forty-five years, SHALL be enrolled in the militia.”

    Further: “Sbc. 1628. EVERY citizen SHALL, after notice of his enrollment, BE CONSTANTLY- PROVIDED WITH A GOOD MUSKET or firelock (ed. note – a firearm in which the priming is ignited by sparks), of a sufficient bore for balls of the eighteenth part of a pound, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch with a box therein to contain not less than twenty-four car- tridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot pouch, and powderhorn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder, and shall appear so armed, accoutered, and provided when called out to exercise or into service, except that when called out on company days to exercise only he may appear without knapsack; and all arms, ammunition, and accouterments so provided and required shall be held exempted from all suits, distresses, executions, or sales for debt or for the payment of taxes. Each commissioned officer shall be armed with a sword or hanger and spontoon.”

    This is further addressed by 10 USC: “ALL able bodied men, 17 to 45 of age, are ultimately eligible to be called up into military service and BELONG to the CLASS KNOWN as the RESERVE MILITIA, also known as the UNORGANIZED militia (10 USC). Able bodied men who are not eligible for inclusion in the reserve militia pool are those aliens not having declared their intent to become citizens of the United States (10 USC 246) and former regular component veterans of the armed forces who have reached the age of 64 (32 USC 313). All female citizens who are members of National Guard units are also included in the reserve militia pool (10 U.S.C. § 246).”