This Public Notice has been distributed to various
public servants and agencies.
Notice to the Governor of Arkansas
To the Honorable Mike Huckabee,
Sir, we of the Militia of Washington County Arkansas feel it proper to
inform you, periodically, on the status of this Militia. The events of the
last decade to present, have caused the people of Arkansas, and of the
several states, to realize how fragile our precious, God-given liberty can
be. Sir, we, the people of Arkansas, feel the security of the state
imperiled, therefore, the muster of this and other Militias across the state
We now refer you to the Militia Documents in your possession.
Specifically, the public notice, “DECLARATION OF CITIZENS’ RIGHT TO KEEP AND
BEAR ARMS WITHIN THE BORDERS OF ARKANSAS,” dated October 12, 1998 and June
12, 2000. Your acceptance and tacit approval of our claims, on behalf of the
People of The State of Arkansas, brings closure to the arms controversy
within Arkansas. These factual documents are permanent public records of
Washington County, Arkansas.
On the subject of arms, we refer you to the recent public policy
disclosure of The United States, by Attorney General, John Ashcroft,
disclaiming, abandoning, quitting claim, and bringing closure to the claims
of the former administration, on behalf of the several states, that the
“Right to Keep and Bear Arms” was a states’ right. Attorney General
Ashcroft’s statement of the new policy of The United States, declares that
the said ”right” belongs to the people individually. This has in fact, been
the proper concept from the beginning. The “Right to Keep and Bear Arms” is
and has always been “the right of the people.”
Further, we bring to your attention the Militia’s claims to arms within
the enclosed document: “DECLARATION OF CITIZENS’ RIGHT TO KEEP AND BEAR ARMS
WITHIN THE BORDERS OF ARKANSAS.” In order to form the companies of Infantry,
Cavalry, and Artillery as ordained by Article Eleven of the Arkansas
Constitution, we have claimed the following:
For the Infantry: Any rifle, pistol, or shotgun, by any name known,
whether automatic or semi-automatic, of past, present, or future
design, regardless of size, caliber, barrel length, or magazine
For the Cavalry: Including, but not limited to light or heavy
armored vehicles, self-powered mobile artillery, and any fixed or
rotary winged aircraft.
For the Artillery: Any cannon, all types of rocketry, anti-tank weapons,
mortars, recoilless rifles, or any other such weaponry used for
Sir, these arms, and the lawful right to keep and bear them, is ordained
by the people. These arms, from antiquity to the present, are without
controversy, qualified Militia Arms. The Militia does now lawfully possess
representative arms of the types and kinds so declared.
We bring to your attention the possibility of conflict with some
predatory agencies employed within the federal government who scoff at we,
the people, and consider themselves immune to our state’s laws and
boundaries. One such agency is The Bureau of Alcohol Tobacco and Firearms
(BATF). This bureau has been the cause of the devastation of countless
law-abiding citizens caught unaware by the thousands of conflicting state and
federal gun laws.
We, of the Militia, have been long aware of this problem. We have
diligently researched and studied the history of this matter. We find the
National Fire Arms Act of 1934 to be based on fraudulent and misleading
statements. Furthermore, the adoption and use by the federal government of
the very arms disqualified, prohibited, or regulated by taxation, voids the
basis upon which the National Fire Arms Act now stands. Governor Huckabee,
we, of the Militia, feel it only proper to bring this travesty to your
attention. Ultimately, the burden of the defense of The State of Arkansas
falls upon we, the people. We, having ordained and reserved by
Constitutional Article, the “Right to Keep and Bear Arms,” and have by the
same Constitution defined the Militia Companies to be formed and armed, have
no intention of surrendering that right.
For decades many public servants have turned the privilege to serve into
a license to plunder, rendering the people afraid of their own government.
They have challenged every concept of American principles and have sought to
disarm the people, and to morally, spiritually, and financially bankrupt this
state and nation under God. In fact, the present governing policy closely
parallels communistic policy espoused by those who call for world government.
This misconstruction of law and abuse of power must end.
For your convenience, and the state and federal agencies to whom we have
submitted the aforesaid document and who shall also receive this notice, we
submit Blacks Law Dictionary, Sixth Edition definition of “Levy of War.”
“Levy of War: In criminal law, the assembling of a body of men for the
purpose of effecting a treasonable object; and all who perform any part,
however minute, or however remote from the scene of action, are considered as
engaged in levying war, within the meaning of the constitution. Art. III, §
3, U.S. Constitution. See also Insurrection.
The words include forcible opposition, as the result of a combination of
individuals, to the execution of any public law of the United States; and to
constitute treason within the Federal Constitution, there must be a
combination of individuals united for the common purpose of forcibly
preventing the execution of some public law and the actual or threatened use
of force by the combination to prevent its execution. Kegerreis v. Van Zile,
180 APP. DIV.414, 167 N.Y.S. 874, 876.”(See also Arkansas Code Annotated,
(a) Treason against the state shall consist only in levying war
against the state or adhering to its enemies, giving them aid
(b) No person shall be convicted of treason unless on the
testimony of two (2) witnesses to the same overt act or
his own confession in open court.
(c) Treason is punishable by death or life imprisonment
without parole pursuant to §§ 5-4-601, 5-4-605, 5-4-607, and
Sir, the murder of upward of one hundred men, women, and children at
Waco, Texas, by federal agents, is just one of many acts that constitute
“Levy of War.” The attitude among some state and federal agencies is that
the murder of citizens is allowable.
Sir, do not under any circumstance think the Militia of Washington
County will tolerate the violation of our state jurisdiction by federal
agents. Nor will we allow those rebellious agencies to assume the right to
pick and choose what arms the free men of this state shall have the right to
keep and bear. This matter, having been settled by the aforesaid Articles of
The Arkansas State Constitution, is permanently out of their jurisdiction.
We will expect the full authority that we, the people, have delegated to
the Office of Governor of The State Of Arkansas, to be brought to bear on
behalf of the Militia, individually or mustered, or to the people, should any
hostile acts against the people, the flag, or the Constitution of The State
of Arkansas occur. We, the people of the Northwestern Region of Arkansas,
have had enough of insurrectionary state and federal agencies.
Done July 4, in the Year Of Our Lord, Jesus Christ,
2002, in the 226th Year of American Independence.
Paul Smith, Commander
Wayne Fincher, Lt. Commander
Militia of Washington County, Arkansas
15566 E. Blackoak Rd, Fayetteville, Arkansas 72701
cc: Steve Whitmill, Washington County Sheriff
Colonel Don Melton, Arkansas State Police Director
Mark Pryor, Arkansas State Attorney General
Sharon Priest, Secretary of State of Arkansas
Winthrop Rockefeller, Lieutenant Governor, State of Arkansas
Senator Tim Hutchinson
Senator Blanche Lincoln
Congressman John Boozman
John Ashcroft, United States Attorney General
Paul O’Neill, United States Secretary of Treasury
Bradley A. Buckles Director of BATF
Arkansas Democrat Gazette
The Morning News of Northwest Arkansas
Northwest Arkansas Times
Scanned image of signature page
Created on September 6, 2002