South Carolina State Guard

PANZER22

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I wonder if a petition to the Governor asking that any firearm owner could volunteer to be in the SCSG would be worth while to pursue?.........Perhaps this might allow us to keep our firearms to protect the state should the SCSG be called upon by the governor..................Just a thought......
 
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There will be no exemption in the proposed federal laws for privately owned arms owned by members of State Defense Forces. Even though an AR-15 would likely be more suitable for militia purposes envisioned by the 2A than a shotgun, if the AR-15 is banned you will be out of luck (unless the Supreme Court says otherwise, which is entirely dependent on how Justice Kennedy feels and if Pres Obama gets another pick before the case is heard).

The sort of law that would be effective from the state level would be something like the Firearms Freedom Act under consideration with teeth. It needs to add a clause like, "It shall be a felony for any South Carolina state employees to aid or abet federal enforcement of federal firearms laws" at a minimum. This would shut down all "fusion centers," professional courtesy, use of state personnel to enforce federal laws in "partnered" operations, etc.

One could set up an even stronger law with another clause that states, "It shall be a felony for any person to to aid or abet enforcement of federal firearms laws." Of course, using SLED agents to arrest ATF agents would not go over well in Washington DC and I can expect that there would be significant backlash. Even suspension of federal money would cause significant budget problems for SC.

Of course, enough states (3/4 of them) could also propose an Amendment to the US Constitution. For example, something like a modification to the 2A that states, "The individual right to keep and bear arms shall not be infringed, and any proposed restrictions shall be subject to strict scrutiny." Louisiana passed a "strict scrutiny" modification to their state Constitution this year and Alaska clarified the individual nature of the right back in 1994. Both serve as models for clarification of the US Constitution if necessary to prevent the right from being read out of existence by the courts and Congress.
 
Great. A super informative posting. If whatever your idea is, is a good one, is it too much to ask to explain it?
 
dan01 said:
I wonder if a petition to the Governor asking that any firearm owner could volunteer to be in the SCSG would be worth while to pursue?.........Perhaps this might allow us to keep our firearms to protect the state should the SCSG be called upon by the governor..................Just a thought......



His idea......
 
The State Guard is essentially the modern-day continuation of the South Carolina Militia, which has been in existence in some form since South Carolina declared itself a state of the United States as a signatory to the Declaration of Independence in 1776. The State Guard is composed of non-conscript volunteers, many of whom are veterans of the federal armed services; the federal military reserves, South Carolina Army National Guard, or South Carolina Air National Guard.




Please correct me if I am wrong but I think this may be part of what you are thinking would help when a AWB comes being that it is the modern militia .
 
I know Colonel William Powell who is the current commander of the 3rd Light Coastal Brigade of the S.C. State Guard. I have been considering joining and I asked some of these questions of him recently. It is my impression after talking to him that the SCSG is not armed per se but does use arms when training with the SC National Guard. So with regard to the OP's original question I don't think being an SCSG member in and of itself would allow you to keep a firearm of any kind if ownership restrictions should occur.
 
You're right Ken, it wouldn't regardless of whether they do their thing armed or not. The Second Amendment has no more to do with actually being in a militia than the First does with actually belonging to a church, or actually being a reporter.

It's possible however, that the question was in regard to some other aspect of the state guard that wasn't obvious. Oh well.
 
I think we're on the same page with regard to the true meaning of the 2nd Amendment but I think the OP was looking for a possible hedge against a Federal law that might get through even if it is in violation of the amendment. The grabbers aren't going to worry about violating the 2nd Amendment, they'll do whatever they can get away with and it will have to be struck down in court. What will or won't violate the 2nd isn't part of their law writing process as many of them think it should be done away with altogether.

I just meant to say that being a member of the SC Guard from what I know doesn't automatically mean you'll be able to keep a service weapon no matter who owns it.

But, as Commander In Chief the governor could call for the Guard to take up arms and fall in with the National Guard or whatever mission she wants.
 
If the law writers aren't going to concern themselves with the second amendment, they certainly aren't going to allow states to call up a state militia indefinitely for no reason with a few hundred thousand members carrying their own personal weapons.

Beyond it not working, it's a bad idea. As soon as we start conflating the militia with the right to keep and bear arms, we concede the argument that there is no individual right. No thanks.

If that was the intention of the OP, we should steer clear of it.
 
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