That concept is at the heart of SB 528, White’s bill to create the volunteer “minutemen” force in Missouri. Crucially, according to the bill text, minutemen firearms “shall be property of the state for purposes of sovereignty and jurisdiction in matters of judicial, taxation, and police powers exercised by the state while a member of the minutemen.”
So as for taxation this means that White wants to do away with the sales tax on buying a "state property gun, and I assume that ammunition would also become tax free.
Then there’s the accounting and inspection of state property. Will we in MO have to pay somebody(s) to go around and check that the state property gun is in good working order and accounted for?
And this police powers, is White trying to make all gun owners in the state of MO a peace officer? Will the taxpayers have to provide health insurance and other benefits that other state employees enjoy? And I do believe that local LEO have to periodically demonstrate the ability to handle a firearm properly.
White seems to think that he’s too clever by half.
I think it’s one of those brain-exploder things. Either criming with your government owned gun is part of your duties as a militia member, in which case the whole state government becomes a criminal conspiracy (OK, maybe not the whole state government), or it’s outside your responsibilities, in which case the state militia needs to throw you out (and no, they can’t subcontract you to store their weapons for them). If they don’t throw you out, then they’ve got civil liability out the wazoo. Or at least that’s my quick IANAL take.
Also, if any of those weapons goes missing, is the “militia member” responsible for the government property that they’ve lost? To avoid federal oversight, would the militia membership have to be a state secret, known only to the governor and selected aides? How would it be called out, and under whose authority would militia members be? (E.g., if the state police are at a scene where there’s a “militia member” present, can they give that person orders and expect to be obeyed? What kinds of orders?) All of these things are utter lawyer-employment ratholes. Or would be if these laws were being proposed as anything but complete insane flailing.
This is exactly the type of tactic ammosexuals would readily embrace. It’d make 'em feel important (pronounced “im-PO-tent”). Who knows? Maybe they could all get membership card and a badge decal.
I’ve been expecting for many years that red states would eventually notice and try to use the “well regulated militia” part of the second amendment. Not sure an “unorganized” milita will pass muster.
Pun intended.
An unorganized militia member, at their own expense, would be able to possess all firearms “that could be legally acquired or possessed by a South Carolina citizen as of December 31, 2020,” according to the bill text.
Next up - a labor rights bill backdated to the day before the 13th amendment was adopted.