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The “Dick Act” of 1902

Being a latecomer to the world of shouting from the rooftops, I often feel like I am merely echoing what has been said many times before…by better men than myself. Then I wonder if just because I am late, should I remain silent?

NO, I am going to add my voice in the hope that just one more person will hear the truth.

Have you ever heard of the “Dick Act of 1902?” More properly known as the “Efficiency of Militia Bill H.R. 11654”. Oddly enough it is not available online from government sources, only a “catalog page” found at The Library of Congress .

The Dick Act’s most quoted synopsis is:

 

The Dick Act of 1902 also known as the Efficiency of Militia Bill H.R. 11654, of June 28, 1902 invalidates all so-called gun-control laws. It also divides the militia into three distinct and separate entities.

The three classes H.R. 11654 provides for are the organized militia, henceforth known as the National Guard of the State, Territory and District of Columbia, the unorganized militia and the regular army. The militia encompasses every able-bodied male between the ages of 18 and 45. All members of the unorganized militia have the absolute personal right and 2nd Amendment right to keep and bear arms of any type, and as many as they can afford to buy.

The Dick Act of 1902 cannot be repealed; to do so would violate bills of attainder and ex post facto laws which would be yet another gross violation of the U.S. Constitution and the Bill of Rights. The President of the United States has zero authority without violating the Constitution to call the National Guard to serve outside of their State borders.

 

Interesting, no? Gun control acts of 1934 and 1968 out the window? “Regulation” by bureaucratic fiat null and void? I find it hilarious that the bill introduced to fund the National Guard’s annual exercise also provides for the unorganized militia (you and me) to own whatever we wish in the way of weaponry “for the militia”.

Just another conveniently ignored facet of living in a “Republic” that the modern day politicians try to make us believe is a democracy.. the people hold the power.

“Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man gainst his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American…[T]he unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people.”–Tenche Coxe, The Pennsylvania Gazette, Feb. 20, 1788.

Freedom is not convenience, it is being un-coercible, unbowed before any but God and conscience.

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16 comments on “The “Dick Act” of 1902

  1. I’m still doing the research, but it seems the Dick Act and its 1908 amendment were repealed in 1956- still trying to find the exact legislation that repealed it, all I have is a citation that it was repealed.

    • There more important things to research than someone doing some creative cut and pasting based on wishful thinking – It says NOTHING about buying weapons and NOTHING about unorganized militia – Read the act:
      Regulations for the organized militia, under the
      Constitution and the laws of the United States, 1910 (1911)
      Published by the War Department, Division of Militia Affairs online which has
      the entire act published starting on page 10 of the book.
      Here’s the link to take one to page 10 which is the start of the Dick
      Act under the heading of The Amended Militia Law.
      http://archive.org/stream/cu31924030724896#page/n13/mode/2up
      Here’s the link if anyone wants to download the entire book in pdf:
      http://ia600404.us.archive.org/26/items/cu31924030724896/cu31924030724896.pdf

      • Indeed it makes no mention at all of the “unorganized militia” in so many words. However it DOES define the militia as all men ages 18-45, along with saying that those who are not members of the Organized Militia (what we now know as the National Guard) are “reserve militia”. As far as purchasing weapons, see the second amendment, it is already covered.

      • Hoschi on said:

        the so called Dick Act of 1902 or also known as “Efficiency of Militia Bill H.R. 11654, of June 28, 1902”
        was passed by Congress way before the “Regulation of the War Department’s – the organized Militia” ,that you posted Sir, hence it is still in affect as it can not be repealed,but greatly ignore by any gov’t that we elected

      • This link does not work and the US archive page is down for Maintenance, Surprise surprise.

  2. frosty on said:

    This make more sence thananyother

  3. Douglas on said:

    How could they repeal it if it can’t be repealed? I’d like to know more.

  4. NoSnakeOil on said:

    How was it repealed in 1956 if it specifically says it cannot be repealed?

    • Things have not changed too much, the government does what they want if they are not held accountable by the citizens.

        • I don’t know what this link was supposed to lead to but it is a dead link now. Hopefully if it was something pertinent you made a copy of it.

          • It is a court case “Rudy PERPICH, Governor of Minnesota, et al., Petitioners v. DEPARTMENT OF DEFENSE, et al. 496 U.S. 334 (110 S.Ct. 2418, 110 L.Ed.2d 312)” dealing with the Dick act and the militia. It is largely legalese and tough for me to decipher – but – there is pertinent information on it dealing with the Dick Act and it’s ramifications.

            I did check, the link is live. Perhaps Cornell just had their servers down for maintenance when you tried to look at it.

            LJ

  5. michael on said:

    Just think, our government having to live by the laws of this land. Make all of our officials follow the constitution. Yes we are a republic, but its ours. We as citizens have the moral responsibility to hold these so called public servants to the same laws we all live by. Stop the waste in government.

  6. This is all urban legend man…it was amended in 1908 to give the president control of the national guard…hence, why the president can over rule the governor of any state that wants to call out the guard as happened down in the south during the civil rights movement…Look the best we can hope for is a general rebellion of the guard when the feds call them out to pick up guns, etc….then they follow the governors of the red states more than likely…

    my money, the feds focus on TAXING guns out of our hands, they know most law enforcment in RED STATES and the military men and women will not pick up our guns…soooo, like health care, they will run it through the IRS and put a hold on your bank account/pay check til you pay the registration tax, if not, then the BATF will knock down your door…BETTER it happens NOW then in 10 or 20 years, then the demographics of the electorate could amend the constitution, adn the STATE has more military power, more surveillance power, more technology, more names of jackasses that signed the whitehouse.gov petition (man, are we a stupid revolutionary movement or what? putting your name, computer IP address, etc on OBAMA’s website??? WTF?), etc…we will not have the votes nor power to do anything about this in 10 or 20 years, better a show down now than later…

  7. Judy Browning on said:

    Why has the media, Fox new mentioned this act?

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