Friday, April 23, 2010

I've still received no response from Rep. Shelton

so I just sent another e-mail:
Sir, I've found the text of SB2018; reading it, if your amendment simply said something like "Any group identifying itself as a 'militia' but involved in the above activities is a criminal gang" I wouldn't worry. My problem is the beginning of the news story and the release I found on the House website:
Legislation proposed by state Rep. Mike Shelton would increase the penalty for individuals involved in unauthorized militias or similar domestic-terror groups.
That does not speak of involvement in criminal activities, it simply says 'penalty for being involved in' AND equates militia and 'domestic terror groups; that's a whole different thing. And it does directly compare militias to terror groups. Which brings me to the question: the amendment, from what I can find, states "any independent military organization that is neither recognized nor authorized by the Commander in Chief of the Militia for the State of Oklahoma."; how are you going to deal with the 'neither recognized nor authorized' when the unorganized militia is specifically recognized by state law?

Here's what I found in OK state law:
§44-41. Composition of Militia - Classes.

The Militia of the State of Oklahoma shall be divided into three (3) classes: The National Guard, the Oklahoma State Guard, and the Unorganized Militia.

23. "State military forces" means the National Guard of the state, as defined in Title 32, United States Code, the organized naval militia of the state, and any other military force organized under the Constitution and laws of the state to include the unorganized militia (the state defense force when not in a status subjecting them to exclusive jurisdiction under Chapter 47 of Title 10, United States Code)

So we'll see if he answers me.

I did pass the information along to some other people who've been asking their Reps and Senators about this. When Rep. Shelton insists that if a group is not involved in the criminal activities listed in the Senate bill there's no problem, but his amendment- from what I can find- doesn't actually say that, and directly conflates 'militia' and 'domestic terror group', well, then I think there's a problem. Since I haven't been able to find any text of the full amendment, and Rep. Shelton hasn't provided it, I can only go by what I do have.

Added: FINALLY found this article from this morning on this:
Recruiting membership in an unauthorized militia or the Ku Klux Klan would be a crime if legislation approved Thursday by the House of Representatives becomes law.
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"This is making unauthorized militias illegal,” said Rep. Mike Shelton, the amendment’s author.

Both groups were added in an amendment to Senate Bill 2018, which would increase the penalty for aiding or soliciting gang membership from one year in prison to five years in prison. It also would create a new crime for gang-related offenses as a condition of membership, with the penalty being five years in prison.
...
"Involvement in those types of organizations should be treated no differently than participation in an urban gang.”

So, if your group is not 'authorized', joining it,starting it or talking about it to people would make you a criminal as if you were recruiting for the Bloods or Crips. Wonderful.

2 comments:

martywd said...

So, if your group is not 'authorized', joining it,starting it or talking about it to people would make you a criminal as if you were recruiting for the Bloods or Crips.

Classic 'Catch-22'!
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arlenearmy said...

Ive called LeBlance's office today. His office at 1st acted like they did not know what I was referring to. Then they told me that the state senate got the bill today & that it had not yet been voted on by the senate.

As far as what I can read into what Shelton is doing, I think his motives are race-based. Look at who he is targeting & who he EXCLUDES.

Based on his loose & lame definition, that could mean any gun-owning Oklahoman who gather in groups of at 2 at walmart. What about veterans who meet up at the lake?

There is no doubt in my mind that Shelton is targeting the tea partiers at the rallies. Shelton indicated that if group is not recognized by the governor, then its not authorized. Well, as far as I know, the tea party has not been recognized by Gov. Henry.