Dick Act of 1902 and the Right to Bear Arms-Unproven!
Dick Act of 1902 and the Right to Bear Arms-Unproven!
Summary of eRumor:With all the concerns about firearm legislation in the U.S. there is a little known law called the Dick Act of 1902 that protects the second amendment rights of citizens.
The Truth:TruthOrFiction.Com has been able to confirm that there once was a Dick act of 1902 because the bill is so old that it was not found on the Congressional Thomas Library. We are unable to read the bill in order to come up with any findings at this time.
We do know that the Dick Act is mentioned on the web page that tells about the history of the U.S. National Guard:
The Dick Act, 1903 affirmed the National Guard as the primary organized reserve force.
Between 1903 and the 1920's, legislation was enacted that strengthened the Army National Guard as a component of the national defense force.
The Second Amendment of the U.S. Constitution states:
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.
Over the years, the 2nd Amendment has drawn amuch discussion and controversy as to the exact meaning of what the founding fathers wrote.
An analysis of the Second Amendment by Cornell University Law School said, "In spite of extensive recent discussion and much legislative action with respect to regulation of the purchase, possession, and transportation of firearms, as well as proposals to substantially curtail ownership of firearms, there is no definitive resolution by the courts of just what right the Second Amendment protects." The full analysis can be found on their website.
We will post findings here when we get them.
A real example of the eRumor as it has appeared on the Internet:
THE DICK ACT OF 1902 !! – This is legit and not a joke..
Wonder who in Washington is supposed to keep up with all the laws that have been passed (and ignored) throughout the years? THE BILL was passed back in 1902 and grants full rights to anyone who wants to own as many guns as they can afford. Any movement to limit guns or magazines will be in direct violation of this law. Pass it around.
THE DICK ACT OF 1902! (BY CHARLES WILLIAM FREDERICK DICK) ARE YOU AWARE OF THIS LAW? DICK ACT OF 1902 – CAN’T BE REPEALED (GUN CONTROL FORBIDDEN) – PROTECTION AGAINST TYRANNICAL GOVERNMENT . IT WOULD APPEAR THAT THE ADMINISTRATION IS COUNTING ON THE FACT THAT THE AMERICAN CITIZENS DON’T KNOW THIS, THEIR RIGHTS AND THE CONSTITUTION. DON’T PROVE THEM RIGHT. THE DICK ACT OF 1902 ALSO KNOWN AS THE EFFICIENCY OF MILITIA BILL H.R. 11654 OF JUNE 28, 1902 and 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.
The National Guard Militia can only be required by the National Government for limited purposes specified in the Constitution (to uphold the laws of the Union ; to suppress insurrection and repel invasion). These are the only purposes for which the General Government can call upon the National Guard. Source… http://www.civilrightstaskforce.info/gun_control_forbidden.htm
Get this message out to all your email contacts. It’s time to learn about your rights. (Thus making all California ( Colorado & others) gun & magazine limiting laws illegal !!!) I’m not so sure the current administration KNOWS, nor even cares, what the laws, Constitution, Bill of Rights, Declaration of Independence say. But it doesn’t matter to them anyway. He and his minions certainly don’t have any respect for them or us and will continue to do whatever they can get away with to further their cause of gaining complete control. Charles William Frederick Dick (November 3, 1858 – March 13, 1945) was a Republican politician from Ohio. He served in the United States House of Representatives and U.S. Senate. I was curious as to who was the Dick in the DICK act of 1909 and found out little about him, but I found out a little more about the Dick Act.
Attorney General Wickersham advised President Taft, “the Organized Militia (the National Guard) cannot be employed for offensive warfare outside the limits of the United States.” The Honorable William Gordon, in a speech to the House on Thursday, October 4, 1917, proved that the action of President Wilson in ordering the Organized Militia (the National Guard) to fight a war in Europe was so blatantly unconstitutional that he felt Wilson ought to have been impeached. During the war with England an attempt was made by Congress to pass a bill authorizing the president to draft 100,000 men between the ages of 18 and 45 to invade enemy territory, Canada.
The bill was defeated in the House by Daniel Webster on the precise point that Congress had no such power over the militia as to authorize it to empower the President to draft them into the regular army and send them out of the country. The fact is that the President has no constitutional right, under any circumstances, to draft men from the militia to fight outside the borders of the USA , and not even beyond the borders of their respective states.
Today, we have a constitutional LAW which still stands in waiting for the legislators to obey the Constitution which they swore an oath to uphold. Charles Hughes of the American Bar Association (ABA) made a speech which is contained in the Appendix to Congressional Record, House, September 10, 1917, pages 6836-6840 which states: “The militia, within the meaning of these provisions of the Constitution is distinct from the Army of the United States .” In these pages we also find a statement made by Daniel Webster, “that the great principle of the Constitution on that subject is that the militia is the militia of the States and of the General Government; and thus being the militia of the States, there is no part of the Constitution worded with greater care and with more scrupulous jealousy than that which grants and limits the power of Congress over it.”
“This limitation upon the power to raise and support armies clearly establishes the intent and purpose of the framers of the Constitution to limit the power to raise and maintain a standing army to voluntary enlistment, because if the unlimited power to draft and conscript was intended to be conferred, it would have been a useless and puerile thing to limit the use of money for that purpose. Conscripted armies can be paid, but they are not required to be, and if it had been intended to confer the extraordinary power to draft the bodies of citizens and send them out of the country in direct conflict with the limitation upon the use of the militia imposed by the same section and article, certainly some restriction or limitation would have been imposed to restrain the unlimited use of such power.” The Honorable William Gordon Congressional Record, House, Page 640 –1917.
PASS THIS AROUND TO ALL OF AMERICA!!!!