Guest editorial on Waco & Romania

Anyone who purports to be a militia officer without benefit of state sanction is a liar. Such persons give the rest of us gunnies a bad name. It is one thing to be prepared, and quite another to play at being a "revolutionary."

"reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;"
Article 1 Section 8 US Constitution

"Liar" is a strong word, for someone who is not familiar with the US Code distinction between organized and unorganized militia. Article 1 Section 8 outline the "powers" of congress for fund an organized militia. The 2nd Amendment difines the RIGHTS of citizens to maintain an unorganized militia. This is further validated by US Code.
U.S. Code : Title 10 : Section 311

Section 311. Militia: composition and classes
(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.

Also see the earlier discussion (April 2005 Archives) on whether the Militia is the National Guard.
Sorry for some reason it won't let me put in the link.

KRL, The Constitution trumps the Federal Code every time. What I said was "officers," not militiamen or members of the militia (organized or not). And yes, I have read Title 10, Section 311 (and others), long before I posted here. If you want to put on cammies and play soldier, and give yourself a rank you never earned, have at it. Legitimate chain of command is one of the things that separates the wannabes from the real thing.

By all means learn to shoot and to shoot well. By all means have the skills and the tools that will protect you and your family. These guys have it right (imo) - http://www.rwva.org/

RKV, you are ignoring the distinction between organized and unorganized militia. Everyone between certain ages is automatically in the unorganized militia. In the beginning it only applied to males, but amendments and new laws most probably have the impact of including females also.

I am of an age that I am not automatically in the militia unless I volunteer. However, I had no choice about it when younger and neither did/do you. Read it again. You didn't understand it the first time.

Straightarrow, Being a member of the militia does not allow you to give yourself a rank, nor does it allow your friends to give you a rank. I said "officer," OK, not member? Maybe it makes some people feel good to adopt titles they didn't earn legitimately - personally I think it's pathetic. Again, since you seem to need some work on your eyeglasses prescription...

"reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;"
Article 1 Section 8 US Constitution

I will concede that it is rediculous to identify rank and seniority in an unorganized militia, however, be that as it may, should a group of unorganized militia members elect their own seniority, than it is valid for that group.

KRL, I appreciate your response. Sorry, but the reference to "Bob Wright, Commander of the 1st Brigade, New Mexico Militia" just tripped my trigger. What freedom loving Americans don't need is guys like that screwing up what should be an integral part of American citizenship (i.e. being a member of a local militia). We gunnies have a difficult time as it is, and don't need wackos with Napoleon complexes for "poster children." If I had my way, we'd do it something like the Swiss do. Not identically mind you, but close. Regards, RKV

I'm glad that reasonable people can come to a closer understanding than we did before. I think we probably share a lot of common values. My concerns are merely to ensure that we do not divide the firearms community on the basis of tone or style. Generally, I've experience many people who I consider to have bad attitudes within the firearms community; but I believe that focusing on those attitudes is conterproductive. I take it all with a grain of salt and keep moving forward.

I think officers were only elected if the state laws allowed for it, but that would have been at least a 100 years ago. I doubt that few states still permit it.

That "Bob Wright" reference creeped me out as well.

When I initially submitted this link the militia's were a mildly interesting subject mostly because they are useful for the anti's to make up more reasons for gun bans. I wish I could have cherry picked out the part about just how profound an impression was made on the Clintonista federal authorities by the very exiatence of the militias. They would never admit. From the article:

And the first thing we noticed was that the FBI became very much more solicitous of our sensibilities and sought at every turn to avoid a flashpoint. During each little potential Waco-- the Republic of Texas, the Montana Freemen, etc-- the FBI would seek out local militia leaders and ask their advice, seeking their opinions with what sounded like real concern.

Maybe thats common knowledge in some circles, to me it was a completely new angle on a voluminously discussed subject I had not considered before.

Mechanic, the Clintonistas found the barbequeing citizens didn't translate into good poll numbers. If they could have assaulted each and every militia group good and proper, they would have. Make no mistake about it - they want Americans disarmed.

The state appoints officers in the organized militia. An unorganized militia does not fall under state command until called upon. Therefore, they elect their officers. Once activated the state may or may not take a hand in the ranking of officers at its own discretion.

I tend to think that election of officers is a stupid way to pick them, however, in an UNorganized militia there are not many options. They are no longer the UNorganized militia if the state exercises control. At that point the become an organized militia, much like the National Guard.

It isn't that difficult to understand.

Well, I'm glad we've got all that figured out.

Well, Straightarrow, you point me to a statute that says unorganized militia elects their officers and I'll believe you. Until then, no. Its a club, not a militia, until you have chain of command all the way to POTUS or a state governor.

RKV, you fail to release that unorganized milita HAS to have a command structure. If the Satate or Feds decides that structure it is no longer unorganized. That is by definition. It has been organized.

Now giving yourself rank and taking airs is nothing to brag about. Saying "Bob Wright, Commander of the 1st Brigade, New Mexico Militia" is NOT A RANK. He should have said "New Mexico Unorganized Militia", the other implies approval by New Mexico.

The unorganized militia means NOT Organized by the State or Federal governments. It can and has to be organized within itself. It has to have at least one person in charge in command. Commander, president, whatever.

Acting like you are a real Officer, wearing rank and such is bad.

Unless the rank is conferred by military authority (President, Governor, military Secretaries, promoting officers, etc.) under military orders, the wearing of any rank is illegal (18 USC 702) and can subject the wearer/user to prosecution.

You CAN be in the unorganized militia and bear a recognized military rank in title (10 USC 772; 38 USC 1302) as an honorably discharged former wartime servicemember of the Armed Forces (the other two eligible categories are retirees and Medal of Honor recipients; however, retirees are considered part of the retired reserve and therefore need no militia affiliation; and obviously if you received a Medal of Honor, you are by definition a former wartime servicemember).

As stated clearly above, pursuant to 10 USC 311, any able-bodied male citizen between 17 and 44 is a member of the unorganized militia, including former wartime servicemembers; consequently, as they are authorized to retain their rank in title and use that rank in title, they are members of the unorganized militia with legal rank in title. All other members of the militia are UNRANKED, i.e., they possess no title or rank whatsoever.

As for officers in state unorganized militias, in addition to officers who bear their titles from prior military service, the Governor of the state is the Commander-in-Chief (and therefore an officer of the militia). The law at 32 USC 301 prescribes whose military rank is recognized by the militia and whose militia rank is recognized by the military - i.e., federal recognition. It also states at 32 USC 313 that actual officers (i.e., warrant/commissioned officers who are federally recognized) remain members of the unorganized militia until age 64.

FYI...

From a former wartime servicemember...