From: Jim Barrus
Subject: Fwd: 2nd Amendment
Date: Fri Mar 07 03:02:42 MST 2014


What part of "SHALL NOT BE INFRINGED" don't you understand? ? ?
Amendment II
    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

You have totally ignored the mandate from the People to organize the Militia.  The Constitution for the State of Utah clearly sets forth the fact that the Militia WILL BE ORGANIZED.

The Federal Constitution also mandates the establishment of the Militia, but reserves the Militia to the States.  See Paragraphs 15 and 16 of Article 1, Section 8.  Those paragraphs say the Federal Government is responsible for ARMING the Militias.  Tell the Feds to send the guns to our Militia.

The State Constitution says:

  39-1-1.    Militia -- How constituted -- Persons exempted.
     (1) All able-bodied citizens, and all able-bodied persons of foreign birth who have declared their intention to become citizens, who are 18 years of age or older and younger than 45 years of age, who are residents of this state, constitute the militia, subject to the following exemptions:
     (a) persons exempted by laws of the United States;
     (b) persons exempted by the laws of this state;
     (c) all persons who have been honorably discharged from the army, air force, navy, or volunteer forces of the United States;
     (d) active members of any regularly organized fire or police department in any city or town, but no member of the active militia is relieved from duty because of his joining any volunteer fire company or department;
     (e) judges and clerks of courts of record, state and county civil officers holding office by election, state officers appointed by the governor for a specified term of office, ministers of the gospel, practicing physicians, superintendents, officers and assistants of hospitals, prisons and jails, conductors, brakemen, flagmen, engineers and firemen of railways, and all other employees of railways actually employed in train service; and
     (f) idiots, lunatics, and persons convicted of infamous crime.
     (2) All exempted persons, except those enumerated in Subsections (a) through (f), are liable to military duty in case of war, insurrection, invasion, tumult, riot, or public disaster, or imminent danger of any of these, or after they have voluntarily enlisted in the National Guard of this state.

Amended by Chapter 15, 1989 General Session

In other words, every able bodied man between 18 and 45 is a member of the Utah State Militia --
Like it or not! ! ! !

The National Guard is NOT the Militia.  You have to join the National Guard.  You are automatically a member of the Militia when on your 18th birthday.

The Government of the State of Utah has no power, no authority, no ability, and especially no right to make any law of any kind that would in any way infringe upon the ownership and possession of a gun.
Like it or not! ! ! !

Please, do not get caught up in trying to restrict the ability of the Militia Members to carry their weapons with them at all times.  You don't even have to right to stop them from carrying them concealed under their clothing.

Jim Barrus
Constitutional Concepts Foundation