Saturday, January 19, 2013

The Dick_Act of 1902


Several of my friends on Facebook have shared a post about an act that prevents any gun control laws from being enacted.  They referenced the Dick Act of 1902 also known as the Efficiency of Militia Bill H.R. 11654, of June 28, 1902". Which " invalidates all so-called gun-control laws. It also divides the militia into three distinct and separate entities".  I read this post in its entirety and it seems to be legitimate.  However my fiction meter was set off by the phrasing that "The Dick Act of 1902 cannot be repealed".  If anyone has a true understanding of how the Government of the United States works, then you know that any law or act CAN be repealed or amended.  Even the Constitution of the United States has as of 1992, 27 amendments to the laws it contains.  

Now that my fiction meter was set off, I set off to do research about the Dick Act.  It was not easy to find anything else about it, except for the same phrasing that came from the shared post.  It took almost an hour of searching to find the exact wording for this act, and for your own reading pleasure here is the link to the page:

http://www.alternatewars.com/Congress/Dick_Act.htm  

The Dick Act is misquoted from The Militia Act of 1903.  The Militia act does not in any way, shape, or form, give private citizens the right to own any type of gun and ammunition. This Act was created to battle a serious problem involving the state militias and the US Military.  During the Spanish/American war the federal government asked the states to send the state militias in, to support the US Military.  The states either didn't send anyone, or sent only minimum troops.  So the congress set down and created an Act that defined the following:

1.) There are two types of militia (not three as referenced) State Militia or what would become the National Guard.  The second would be the "reserves" which was any able man between the ages of 18 to 45.  
2.) As a National Guard their use would be mandated by the federal government not the state.  However, the National Guard could not be pulled into any foreign war. Their purpose is to defend USA's borders only.
3.) The National Guard and the Reserves when fighting for the US would have access to any weaponry that was available to the US Military.  

Now what the post from the Dick Act pulled out was the "any able body man between the ages of 18 to 45" could own military style guns......not so.  Only if they were considered the "reserves".  So unless everybody wants to go back to the Draft or forced enlistment so that they could be considered part of the "reserves", you can't own the military grade guns or ammunition.  Even if we did, the only time the "reserves" had access to this weaponry was when called to serve.  So for all of those who want to have ACCESS to the military style guns here is a couple of websites to help you out becoming a "reserve" fighter.....

http://www.goarmy.com/reserve.html

http://www.navyreserve.com/joining.html

http://www.marines.com/eligibility/service-options/reserve


After The Militia Act of 1903 was created the only other time it has been enforced was during the 1960's when certain southern states were using the National Guard to enforce segregation.  The federal government stepped in and reminded them that the National Guard can only be called out on the Federal Level, not to be used as a private army for the state.


So Dick Act of 1902 post ..... Truth of Fiction?


Although it has some elements of an actual act, its has misquoted and incorrectly used pieces of the correct act. That makes it FICTION.

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