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Sunday, May 5, 2013

The Militia


For John, BLUFThere is a militia out there and your sons are in it.  Nothing to see here; just move along.

From time to time the question of the "Militia" comes up in discussions, especially regarding the Second Amendment.  Here we have, from Cornell Law School's web site, an extract from Title 10 US Code.

10 USC § 311 - Militia:  composition and classes

Current through Pub. L. 112-238. (See Public Laws for the current Congress.)

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

Someone wrote the following.  I don't remember who?
The “unorganized militia of the United States” is a long-standing legal status that could, might even influence gun control debates (if anyone raises it in such debates)….  the Title 10 statutory definition arguably also includes able bodied females between the ages of 17 and 45 who have been through basic training but who are off active duty and no longer either reservists or “members of the National Guard or the Naval Militia.”  How the unorganized militia are mobilized is left to each State to decide.  21 States, e.g., have organizations for their unorganized militia, some of them are subordinate to the TAG. See http://statedefenseforce.com/database/about-the-sdf/.
I think I am too old.  You may not be.  And, membership is just a change of law away.

Regards  —  Cliff

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