The 1902 Dick Act Forbidds Gun Contron - Anyone Have Background Info On This?

[p238shooter]

Dick Act of 1902 - Gun Control FORBIDDEN!

Are you aware of this law?

DICK ACT of 1902 - CAN'T BE REPEALED (GUN CONTROL FORBIDDEN) - Protection Against Tyrannical Government

It would appear that the administration is counting on the fact that the American Citizens don't know this, their rights and the constitution. Don't prove them right.

The Dick Act of 1902 also known as the Efficiency of Militia Bill H.R. 11654, of June 28, 1902 invalidates all so-called gun-control laws.

It also divides the militia into three distinct and separate entities. The three classes H.R. 11654 provides for are the organized militia, henceforth known as the National Guard of the State, Territory and District of Columbia, the unorganized militia and the regular army.

The militia encompasses every able-bodied male between the ages of 18 and 45. All members of the unorganized militia have the absolute personal right and 2nd Amendment right to keep and bear arms of any type, and as many as they can afford to buy.

The Dick Act of 1902 cannot be repealed; to do so would violate bills of attainder and ex post facto laws which would be yet another gross violation of the U.S. Constitution and the Bill of Rights.

The President of the United States has zero authority without violating the Constitution to call the National Guard to serve outside of their State borders.

The National Guard Militia can only be required by the National Government for limited purposes specified in the Constitution (to uphold the laws of the Union; to suppress insurrection and repel invasion). These are the only purposes for which the General Government can call upon the National Guard.

Source.
http://www.civilrightstaskforce.info/gun_control_forbidden.htm

 

[yukonjack]

Any Act can be repealed or modified. Don't know where they got that goofy idea from.

 

[Spata]

Didnt work for 1934, 1968, 1986, 1994 & 2014

 

[ASP785]

Didnt work for 1934, 1968, 1986, 1994 & 2014

So your calling it huh?

 

[Spata]

Yuuuup!

 

[mugsy]

Any Act can be repealed or modified. Don't know where they got that goofy idea from.

This ^^^^^^^ - any act of Congress (law), however much one may like it or think it is the wisest law, can be repealed by a subsequent act of Congress (law) - the only ultimate guide to a law's permanence is the Constitution itself and even that contains a process to amend it.

 

[rawhide]

David Hardy at Of Arms & The Law wrote about the Dick Act last month:

Dick Act Mythmaking

Dick Act mythmaking
POSTED BY DAVID HARDY · 25 JANUARY 2013 01:54 PM
I've rec'd 3-4 copies already of an email claiming that the Dick Act of 1902 ... well, let me post it:

"DICK ACT of 1902 - CAN'T BE REPEALED (GUN CONTROL FORBIDDEN) - Protection Against Tyrannical Government This criminal Cabal is counting on the fact that the American Citizens don't know this, their rights and the constitution. Don't prove them right.

The Dick Act of 1902 also known as the Efficiency of Militia Bill H.R. 11654, of June 28, 1902 invalidates all so-called gun-control laws."

No, the Dick Act repealed the Militia Act of 1792, and created the National Guard system. It says nothing about gun control. And it was extensively re-written in a couple of post-WWI Army Acts.

"It also divides the militia into three distinct and separate entities. ** SPREAD THIS TO EVERYONE ** The three classes H.R. 11654 provides for are the organized militia, henceforth known as the National Guard of the State, Territory and District of Columbia, the unorganized militia and the regular army."

I believe 10 USC 311 survives (and is almost the only section that has survived) from the original Act. That breaks the militia into two classes, organized (Guard) and unorganized. Why would the regular army have been part of the militia?

"The militia encompasses every able-bodied male between the ages of 18 and 45. All members of the unorganized militia have the absolute personal right and 2nd Amendment right to keep and bear arms of any type, and as many as they can afford to buy."

No authority cited for this, I notice. In any event, such a right would vanish once a person hits 45.

"The Dick Act of 1902 cannot be repealed; to do so would violate bills of attainder and ex post facto laws which would be yet another gross violation of the U.S. Constitution and the Bill of Rights."

There is no such thing as a statute that cannot be repealed. The bill of attainder clause prevents Congress from convicting people without a trial. The ex post facto ban prevents punishment, or increased punishment, of actions taken before the law in question was passed. As noted above, most of the Dick Act was rewritten by the Army Acts (I think of 1916 and 1920), so it HAS been repealed.

"The President of the United States has zero authority without violating the Constitution to call the National Guard to serve outside of their State borders.

The National Guard Militia can only be required by the National Government for limited purposes specified in the Constitution (to uphold the laws of the Union; to suppress insurrection and repel invasion). These are only purposes for which the General Government the can call upon the National Guard."

Those are the only purposes for which the government can call out the militia. They got around this in the post WWI Army Acts by organizing the Guard as part of the reserve forces of the regular army, etc., and by requiring dual enlistment: any Guardsman also takes an oath to the U.S..

A bit of history: in 1912 the Attorney General indeed ruled that the militia could not be used outside the US. Then came WWI. The government dealt with that ruling by simply drafting National Guardsmen en masse. The Guard didn't care for this: its units were broken up, officers became enlisted men, etc.. So after the War, they were supporters of the system of dual enlistment, so that their units could be called up as units.

 

[berettaman]

All laws are writen in legaleez,and any lawyer can make even a legaleez NO say it really means an unquestionable YES.

 

[Chaseme3]

Ive done a light bit of research on this and it never was passed. Thats the reason why you cant find it on the library of congress. The reason it was not passed was because many people did not agree with it being any able bodied male from 18-65. They wondered what would happen after the age of 65, could they then take your weapons?