They are not militia. Militia are authorized by, and responsible to, a sovereign government. They are under the command of a government official commissioned and authorized to use deadly force in support of their government.
State National Guard are a legal militia, authorized by and under the control of a civilian official, but commanded by a Commissioned officer subject to the Articles of war and UCMJ. Accountability to the law.
In Iran, that was the late General Sulieman. Counties, sheriffs and civilians are not capable of authorizing militia, since that power is reserved for Chief Executives. The President at the Federal level, and the Governor at the State level. State troopers take their authority from the state, county sheriffs from their counties, etc.
Prime directive is a clear chain of responsibility to a civil government for the use of force against declared enemies and criminals. “Enemy combatants” is a legal fallacy devised to deal with legitimate Taliban militia without granting them legal combatant status and full constitutional and legal rights. Gitmo was cheating on our own honor code. It still is a war crime and a crime against humanity. It spawned ICE. The Law has its own punishment for those who break it. Trump and McConnell are ours. And a 20 year holy war
No civilization can survive random amateurs with no accountability to society or authority for the use of deadly force to wander about in public without Supervision and proper permitting. And insurance.
Designation as a militia provides members with legal authority to use force. and protection from being shot as illegal combatants or spies. The purpose of uniforms is to affirm their status as legal combatants. Unit insignia and national flags are government claim of responsibility.
Before 9/11, only Federal agents and military were allowed to wear US flags on uniforms as a badge of authority to use force in the name of the State. Appropriation by LEO and security guards is an illicit claim to a Federal authority they do not possess and do not have authority to claim. When armed, military remain covered indoors. That's why you remove cover when entering a building. To indicate you are not armed.
Heller shows the contempt in which Scalia held the Constitution. When written, “a well-regulated militia” was very well defined, since being caught without a uniform or unit identification meant being shot as a spy.
Our bloodthirsty patriots are attempting to build a society where armed white men dictate what liberties we are allowed to exercise. They are afraid to compete with diversity and the new and different. Of course, the status quo as a Christian nation makes them demigods who look more like Jesus than you do.
The sort of people my people fled Europe to escape.
The militia fallacy is a last ditch attempt to maintain a racist, sexist society under the guise of religious devotion to a white male monogod. Once, just being a white man was enough to command respect and deference. The carrying of guns is a bid to generate unearned respect again. Bullying. A return to barbarism and lawlessness. Gun control was the sign of civilization in the American West. The rule of law protected residents from drunk jerks with guns.
National Guard and professional military keep weapons in an armory, under lock and key. For security. Random amateurs do not get to execute people on a whim. If Heller stands, it is time to repeal or amend 2A in national self-defense. It places the right to own property over the general welfare. Not good.
