Private militia legality in TN.

[JayC]

Well as one of those 'pot bellied' guys... Some times we want to learn new stuff too

[Guest Lester Weevils]

Well as one of those 'pot bellied' guys... Some times we want to learn new stuff too

Hi JayC. I'm so old and out of shape that not even the pot-belly brigade would take me.

Was just wondering about the laws about aggressive training and such, because apparently that gets a pass in the absence of real firearms?

[bigwakes]

I'm an old fat guy uninterested in military training who doesn't know much of anything. Just a question.

There have been statements that anything called militia is likely to get close examination. That uniforms are likely illegal and aggressive military tactics training (as opposed to defense training) is likely illegal.

But from watching youtube videos, apparently the more "serious" paintball and airsoft guys practice military aggressive tactics and often wear uniforms. Often they appear to be young fit fellows rather than old pot-bellied wanna-be soldiers toting AR-15's out in the woods. They play the military games even in politically-correct places such as Canada.

Do the feds ever keep an eye on paintball and airsoft fellas? If not, maybe a "militia" would be a harmless paintball club which practices everything except live ammo in group exercises? They leave the AR-15's at home? If they ever do some kind of "real" action, just carry the real guns rather than the paintball guns?

Apologies if that is a really dumb question. Am not advocating or challenging anything. Just wondering why the paintball stuff gets ignored by feds. If in fact they are ignored by the feds.

That's what I thought of when someone mentioned military uniforms are illegal. You should see some guys that show up at the local Airsoft field. They have more gear than some soldiers do. Most of it is mil-spec stuff. I guess the laws are not prosecuted for the general public, but for those who are found to be anti whatever the flavor of the day is. It's like getting a drug cartel on tax charges. If they can't find something to charge you with, then there is this crazy military uniform law.

[JayC]

IANAL, but I think the issue isn't firearms (although that probably doesn't help), but the context of the training...

If you start a militia, and start teaching military tactics, and some members of the militia talk about their desire to overthrow the government, or some other non-sense... Then the training could be considered inciting civil disorder. In theory if you were teaching people how to use swords it would have the same result

If you're training is self defense related, re-enactment related, or sporting event related it's an exception under that same law... so IMHO it's safer...

As for the uniform, again some people are picky about that... but I look at it this way... if it was illegal for me to own camo, then why is the US Government selling it to surplus stores for me to buy? I wouldn't worry about that too much... I would just stay away from wearing name tapes that say US ARMY, rank, or skill badges I hadn't earned... and you're likely not in violation of the federal law (again IANAL).

Hi JayC. I'm so old and out of shape that not even the pot-belly brigade would take me.

Was just wondering about the laws about aggressive training and such, because apparently that gets a pass in the absence of real firearms?

[vontar]

make sure that he keeps it equal opportunity .....its a law

Is that your way of say you want to be included?

BTW, I thought tngunowers was the only (cough) gun club in TN.

[Guest TnStMilitia]

NOTICE TO ALL MILITIA OPERATING INSIDE TENNESSEE: Unless your militia is operating under the organizational laws described in the block of text just below the following image, you are committing a misdemeanor crime. The elected representatives of The People of Tennessee State established Militia Laws which must be adhered to.

The following is an image of Chapter 159 (see), Sec. 35, 1887 Public Acts of the 45th General Assembly for Tennessee State:

The Tennessee State Militia (Citizen Organized) as its organizational laws, will observe and adhere to The Constitution of Tennessee State, and the existing and unrepealed Tennessee General Assembly's Militia Laws: Public Acts of 1831, 1833, 1840, 1842-44, 1846, 1849-50, 1852, 1856-58, 1860-81, 1885, 1887, 1889, 1893 & 1917 -- and also respecting the much later T.C.A. Public Acts 1933, ch. 128, TGA Public Acts 1970, ch. 596, et. al.

Each of the 97+ Tennessee State County Militias is by legal definition a Tennessee "Civil Defense Company" and a "Citizen Corps Councils" and a Voluntary Organizations Active in Disaster (VOAD) and a "Neighborhood Watch."

The upside is there is plenty if viable Tennessee Law to work with that was not repealed because any act which was not in conflict with Chapter 159 (see), Sec. 35, 1887 Public Acts was left in force, including Volunteer Charter Military Companies.

For details see TennesseeMilitia.com - Tennessee State Militia - 1885 T.G.A. Codified - Citizen/Civilian Organized - Elected Leadership - Supreme Court Recognized

Let's get this right.

Almost forgot... our website is at Tennessee State Militia (Citizens Militia) - Adherent to: Tennessee's Constitution, Public Acts & Codes

Edited February 13, 2011 by TnStMilitia

[Guest TnStMilitia]

Private Militias in Tennessee are ostensibly illegal.

See htp://TennesseeMilitia.com/militia.html

Those militias who are operating as private are giving Tennesseans a bad name...

There is NO reason (Other than wanting to disable your gun rights) whatsoever to organize sub-rosa.

NOTICE TO ALL MILITIA OPERATING INSIDE TENNESSEE: Unless your militia is operating under the organizational laws described in Chapter 159 (see), Sec. 35, 1887 Public Acts of the 45th General Assembly for Tennessee State (and previous Public Acts listed below), you are committing a misdemeanor crime. See the white box below which is an actual image of the actual law, published in 1887.

The following is an image of Chapter 159 (see), Sec. 35, 1887 Public Acts of the 45th General Assembly for Tennessee State:

The elected representatives of The People of Tennessee State established Militia Laws long ago which must be adhered to. The recent 2008 U.S. Supreme Court Decision, District of Columbia v. Heller, clarified the right of citizens to form lawful militias. Since the late 1990s, the FBI has encouraged State and Local LEOs to associate with and to attend citizen militia meetings, which are public.

Available at Militia of Tennessee State - MILITIA LAWS Homepage are links to images of all of Tennessee State's unrepealed militia laws, including Chapter 87, 1885 Public Acts of the 44th General Assembly for Tennessee State: "An Act to establish volunteer militia companies" which is similar in nature to Volunteer Fire Brigades.

The Tennessee State Militia (Citizen Organized) has twin components:

1. The Tennessee State Militia, which musters at least once a year at laces and time set by the Tennessee General Assembly, and:

2. Volunteer Militia Companies, a corporate entity, which must muster monthly.

How the National Guard, State of Tennessee ceased being a militia and became a standing army

The National Guard, State of Tennessee, was originally established as a military organization by Public Act in 1887 under circumstances which would classify it as a "citizen militia," with elected officers up to the brigade level.

In 1895, by Public Act, the National Guard, State of Tennessee was clearly beginning to be differentiated from The Tennessee State Militia.

In 1897, the National Guard, State of Tennessee was reorganized for "efficiency," this time disallowing elections of officers above the regimental level, which moved the National Guard closer and closer to be a totally '"select militia."

In April 2, 1917, the General Assembly for Tennessee State, by Public Act (without amending the State Constitution and in contradiction to it) created two "classes" of State Militia:

This is clearly an arguably unconstitutional "Statist" attempt to say: "If we as the General Assembly don't organize the militia, it isn't organized." This of course would be considered by the men who founded the American republic as patently absurd, because the right of the People to organize Citizen Militias was upheld by the Founders and was upheld in the recent U.S. Supreme Court decision District of Columbia v. Heller in 2008.

On April 2, 1917, the General Assembly for Tennessee State, by Public Act (without amending the State Constitution and in contradiction to it) once again reorganized The National Guard, State of Tennessee in such a way, that The National Guard clearly ceased to be what has since ancient times to be considered a citizen militia (with elected officers) and the The National Guard become a select militia.

Tennessee's "Military Law" was amended. Males Citizens of the United States age 17-45 (14th amendment citizenship) are now classed as the Militia: "Militia of this State shall consist of all able-bodied male citizens of the United States and all other able-bodied males who have or shall have declared their intention to become citizens of the United States, who are residents of this State."

Elections of officers were dropped from National Guard organization without explanation, and troops were now led by officers imposed from the State. "...militia shall be divided into two classes The National Guard and the Unorganized Militia."

"The National Guard of this State shall consist of the regularly enlisted militia..." this provision totally separated the National Guard, State of Tennessee from any vestige of a claim to be a "Citizen Militia" who by definition its officers are elected:

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From the Tennessee Constitution: Sec. 1. Militia officers to be elected. — All militia officers shall be elected by persons subject to military duty, within the bounds of their several companies, battalions, regiments, brigades and divisions, under such rules and regulations as the Legislature may from time to time direct and establish.

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Militia members are enrolled, and the National Guardat this point in time, was now to "enlist" members. Enlistment is voluntary servitude, which is akin to voluntary slavery. The Dick Act of Congress in 1917 transformed the nature of the National Guard, State of Tennessee, from a select militia into a part of a "Standing Army" which was never envisioned by The American Founders.

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From the Tennessee Constitution: Sec. 24. Militia — Civil authority. — That the sure and certain defense of a free people, is a well regulated militia; and, as standing armies in time of peace are dangerous to freedom, they ought to be avoided as far as the circumstances and safety of the community will admit; and that in all cases the military shall be kept in strict subordination to the civil authority.

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The Dick Act made The National Guard a component of the United States Army (a new standing U.S. federal army) when under federal command, and alternately a part of "The Army of Tennessee" (a new standing State army) when under State Command. The "Army of Tennessee," previous to this, was comprised of all of Tennessee County Sheriffs and their Posses, but now includes the Tennessee State Guard, which is a select militia.

The Tennessee State Militia (Citizen Organized) as its organizational laws, must and will observe and adhere to The Constitution of Tennessee State, and the existing and unrepealed Tennessee General Assembly's Militia Laws: Public Acts of 1831, 1833, 1840, 1842-44, 1846, 1849-50, 1852, 1856-58, 1860-81, 1885, 1887, 1889, 1893 & 1917 -- and also respecting the much later T.C.A. Public Acts 1933, ch. 128, TGA Public Acts 1970, ch. 596, et. al.

The Tennessee State Militia (Citizen Organized) recognizes the civil authority placed over it by The General Assembly for Tennessee State, but differs from the Tennessee State Guard (a select militia) in that we will be citizen organized and citizen staffed, with the Governor's assigned staff in command over our ELECTED officers from the Division level on down to the Company level and below -- as Tennessee's Militia unrepealed laws and Constitution require.

Each of the 97+ Tennessee State County Militias is by legal definition a Tennessee "Civil Defense Company" and a "Citizen Corps Councils" and a Voluntary Organizations Active in Disaster (VOAD) and a "Neighborhood Watch."

The Tennessee State Militia, when called into actual service by the Governor to repel invasion, assist in disaster, or quell riot, ceases to be a "Citizen Militia," and becomes Tennessee's "Organized Militia" until it is disbanded by the Governor, when it reverts to a "Citizens Militia." Exception being Tennessee State Chartered Independent Volunteer Militia Companies, which are a special class of Military Organization of Tennessee State, which retain elected officers and the flavor of a citizen militia. These are stock corporations, similar in nature to volunteer fire brigades, with tax-exempt real estate holdings; e.g. armories, drill rooms, training grounds, ranges, etc. These volunteer state-chartered independent militias are necessarily (according to Chap. 87 Public Act of 1885) to be more strictly supervised by The Military Department.

The Tennessee State Militia is a "Certifying Organization" with Presidential Volunteer Service Awards. The Tennessee State Militia will make recommendation for the Congressional Award: Congress' Award for youth for our younger Militia enrollees, ages 16-23. Tennessee's Chartered Independent Militia Companies, established by Chapter 87, 1885 Public Acts of the 44th General Assembly for Tennessee State, allows youths as young as 16 years to be enrolled.

Private Militias in Tennessee -- I appeal to you to throw yourselves up under the Tennessee State Constitution, the Public Acts of our General Assembly, and Tennessee's codes, and accept the lawful command of our State's Governor... either that or eventually be considered outlaws. Already many in the media have taken notice and have branded some of you as "extremist."

Let's be a "Well Organized" militia. This isn't rocket science, it is paint-by-numbers. The laws exist -- all we need do is follow them to the letter. They are all posted on this website in the Militia Laws section of the Operations center. I seriously suggest you disband under your current names, and either organize as county level militias, or establish Chartered Independent Volunteer Militia Companies -- their are no other lawful options in Tennessee State. Legally speaking, militias are "creatures" of the several States and the laws that govern them are written at State level -- not at the federal level.

To assure trustworthyness, our enrollees who will interface with the citizenry will be vetted using the Tennessee Health Department's Medical Reserve Corps registration process, which only requires divulgence a minimal amount of information.

This will be a lawful, legal State Militia, adherent to Tennessee's Constitution, and it Public Acts and its Codes.

Our ancestors did not take care of this civic obligation, and we have nearly lost the Right to Keep and Bear Arms due to that abandonment on their part. Come out of the shadows, and stand up and be counted. You will be doing nothing unlawful if we adhere to our existing laws. Some will still misunderstand... it has always been so. General Andrew Jackson had the same problem 200 years ago, when he penned:

Private Militias in Tennessee -- I appeal to you to throw yourselves up under the Tennessee State Constitution, the Public Acts of our General Assembly, and Tennessee's codes, and accept the lawful command of our State's Governor... either that or eventually be considered outlaws. Already many in the media have taken notice and have branded some of you.

Let's be a "Well Organized" militia. This isn't rocket science, it is paint-by-numbers. The laws exist -- all we need do is follow them to the letter. They are all posted on this website in the Militia Laws section of the Operations center. I seriously suggest you disband under your current names, and either organize as county level militias, or as Chartered Volunteer Militia Companies-- their are no other lawful options in Tennessee. Legally speaking, militias are "creatures" of the several States and the laws that govern them are written at State level -- not at the federal level.

Our ancestors did not take care of this business, and we have nearly lost the Right to Keep and Bear Arms due to that abandonment on their part. Come out of the shadows, and stand up and be counted. You will be doing nothing unlawful if we adhere to our existing laws. Some will still misunderstand... it has always been so. General Andrew Jackson had the same problem 200 years ago, when he penned:

"We are going to fight for the reestablishment of our... character, misunderstood and vilified at home..." General Andrew Jackson, Tennessee Militia, Commanding (1812)

So, knowing that, don't expect this Citizen's to be universally popular -- it will in fact be mistrusted. Because changes to the militia system have been made incremantally over many decades, Tennesseans, like all Americans, haven't noticed the slow changes made in the militia system, ending in its total abadonment, and replacement with a standing army. Don't expect respect or trust from Governor or from the Tennessee Military Department. This is a "break glass only in time of war" effort. Train, train and train some more. Wait for the call, and hope to G-d that it never comes. Most importantly, be politically proactive. Join the Tea Parties. Keep the faith. Pray without ceasing as George Washington did -- for our nation is under attack as never before... from within.

As touching the militia, have the successive Tennessee's Constitutions of 1796, of 1834, of 1870 and of 1953 changed?

Tennessee Constitution of 1796 as touching the militia and peaceable assembly:

Article I

SEC. 23. No judge of any court of law or equity, secretary of state, attorney-general, register, clerk of any court of record, or person holding any office under the authority of the United States shall have a seat in the general assembly; nor shall any person in this State hold more than one lucrative office at one and the same time: Provided, That no appointment in the militia, or to the office of a justice of the peace, shall be considered a lucrative office.

Article II (Governor)

SEC. 5. He shall be commander-in-chief of the army and navy of this State, and of the militia, except when they shall be called into the service of the United States.

Article XI

SEC 22. That the citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by address or remonstrance.

SEC 24. That the sure and certain defence of a free people is a well-regulated militia; and as standing armies, in time of peace, are dangerous to freedom, they ought to be avoided, as far as the circumstances and safety of the community will admit, and that in all cases the military shall be in strict subordination to the civil authority.

SEC 25. That no citizen in this State, except such as are employed in the Army of the United States or militia in actual service, shall be subject to corporal punishment under martial law.

SEC 26. That the freemen of this State have a right to keep and to bear arms for their common defence.

SEC 27. That no soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war but in a manner prescribed by law.

SEC 28. That no citizen of this State shall be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law.

ARTICLE VII

SECTION 1. Captains, subalterns, and non-commissioned officers shall be elected by those citizens, in their respective districts, who are subject to military duty.

SEC. 2. All field-officers of the militia shall be elected by those citizens in their respective counties who are subject to military duty.

SEC. 3. Brigadiers-general shall be elected by the field-officers of their respective brigades.

SEC. 4. Majors-general shall be elected by the brigadiers and field-officers of the respective divisions.

SEC 5. The governor shall appoint the adjutant-general; the majors-general shall appoint their aides; the brigadiers-general shall appoint their brigade majors, and the commanding officers of regiments their adjutants and quartermasters.

SEC. 6. The captains and the subalterns of the cavalry shall be appointed by the troops enrolled ion their respective companies, and the field-officers of the district shall be appointed by the said captains and subalterns: Provided, That, whenever any new county is laid off, that the field officers of the said cavalry shall appoint the captain and other officers therein pro tempore, until the company is filled up and completed, at such time the election of the captains and subalterns shall take place as aforesaid.

SEC. 7. The legislature shall pass laws exempting citizens, belonging to any sect or denomination of religion the tenets of which are known to be opposed to the bearing of arms from attending private and general musters.

Tennessee Constitution of 1834 as touching the militia and peaceable assembly:

Article 1

Sec. 23. That the citizens have a right, in a peaceable manner, to assemble together, for their common good, to instruct their representatives, and to apply to those invested with the powers of government, for redress of grievances, or other proper purposes, by address or remonstrance.

Sec. 24. That the sure and certain defence [i.e.defense] of a free people, is a well regulated Militia: And, as standing armies in time of peace are dangerous to freedom, they ought to be avoided, as far as the circumstances and safety of the community will admit; and that in all cases the military shall be Kept in strict subordination to the civil authority.

Sec. 25. That no citizen of this State, except such as are employed in the Army of the United States, or Militia in actual service, shall be subjected to corporeal punishment under the martial law.

Sec. 26. That the free white men of this State have a right to Keep and to bear arms for their common defence [i.e. defense].

Sec. 27. That no soldier shall in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner prescribed by law.

Sec. 28. That no citizen of this State shall be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law.

Article 2

Sec 26. No Judge of any court of law or equity, Secretary of State, Attorney general, Register, Clerk of any court of record, or person holding any office under the authority of the United States, shall have a seat in the general Assembly; nor shall any person, in this State, hold more than one lucrative office at the same time: Provided, that no appointment in the militia, or to the office of Justice of the Peace, shall be considered a lucrative office, or operate as a disqualification to a seat in either House of the general Assembly.

Article 3 (Governor)

Sec 5. He shall be commander-in-chief of the Army and Navy of this State and of the Militia, except when they shall be called into the service of the United States.

Article 8.

Sec 1. All Militia officers shall be elected by persons subject to Military duty, within the bounds of their several companies, battalions, regiments, brigades and divisions, under such rules and regulations as the Legislature may, from time to time, direct and establish.

Sec 2. The governor shall appoint the Adjutant General, and his other staff officers; the Majors general, Brigadiers general, and commanding officers of Regiments, shall respectively appoint their staff officers.

Sec 3. The Legislature shall pass laws, exempting citizens belonging to any sect or denomination of religion, the tenets of which are known to be opposed to the bearing of arms, from attending private and general Musters.

Tennessee Constitution of 1870 as touching the militia and peaceable assembly:

Article 1

Section 23. That the citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives, and to apply to those invested with the powers of go eminent for redress of grievances, or other proper purposes, by address or remonstrance.

Section 24. That the sure and certain defense of a free people, is a well regulated militia; and, as standing armies in time of peace are dangerous to freedom, they ought to be avoided as far as the circumstances and safety of the community will admit; and that in all cases the military shall be kept in strict subordination to the civil authority.

Section 25. That no citizen of this State, except such as are employed in the army of the United States, or militia in actual service, shall be subjected to punishment under the martial or military law. That martial law, in the sense of the unrestricted power of military officers, or others, to dispose of the persons, liberties or property of the citizen, is inconsistent with the principles of free government, and is not confined to any department of the government of this State.

Section 26. That the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.

Section 27. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner prescribed by law.

Section 28. That no citizen of this State shall be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law.

Article 2

Section 26. No Judge of any Court of law or equity, Secretary of State, Attorney General, Register, Clerk of any court of Record, or person holding any office under the authority of the United States, shall have a seat in the General Assembly; nor shall any person in this State hold more than one lucrative office at the same time; provided, that no appointment in the Militia, or to the office of Justice of the Peace, shall be considered a lucrative office, or operative as a disqualification to a seat in either House of the General Assembly.

Article 3

Section 5. He shall be commander-in-chief of the Army and Navy of this state, and of the militia, except when they shall be called into the service of the United States: But the militia shall not be called into service except in case of rebellion or invasion, and then only when the General Assembly shall declare, by law, that the public safety requires it.

ARTICLE VIII.

Militia.

Section 1. All militia officers shall be elected by persons subject to military duty, within the bounds of their several companies, battalions, regiments, brigades and divisions, under such rules and regulations as the Legislature may from time to time direct and establish.

Section 2. The Governor shall appoint the Adjutant-General and his other staff officers; the Major-Generals, Brigadier-Generals, and commanding officers of regiments, shall respectively appoint their staff officers.

Section 3. The Legislature shall pass laws exempting citizens belonging to any sect or denomination of religion, the tenets of which are known to be opposed to the bearing of arms, from attending private and general musters.

Comparing Tennessee's successive constitutions of 1996, 1834 and 1870, we see that other than the qualifications of who may bear arms, "freemen" in 1796; "free white men" in 1834; "citizens" in 1870 -- absolutely nothing has changed in regards to the militia. The Tennessee General Assembly has passed laws over the year regulating the militia, and at time reorganizing it.

One law passed by The Tennessee General Assembly, changing the nature of the National Guard, Srtate of Tennesse from a select militia to a standing army, is clearly repugnant to the Constitution of Tennessee State. It was passed in the run-up to World War One, at a time when the United States Constitution had been suspended.

Here is an overview of what happened:

The General Assembly for Tennessee State without first defining it, segregated the"active militia" and created the National Guard; later it separated the National Guard, State of Tennessee from the "unorganized militia."

Other than the question of exactly who may bear arms, the Tennessee State Militia stands today exactly where it stood in 1796... with elected officers, but it Companies, Regiments and Divisions are unmanned; and the posts of its officers, and its rank and file are "uninhabited."

The citizens of Tennessee State, hereby reclaim the right under law, to man our posts and to elect our officers and to organize our militia for the "common defense;" disaster relief in time of peace; the common defense in time of invasion or rebellion.

We submit ourselves to civil authority. We observe the Constitution of Tennessee State, Public Acts of the General Assembly viz muster times and elections, and Tennessee's codes which regulate the carrying of arms with a view to controlling crime.

Let's not ask our grandchildren to curse us for allowing despotism to flourish when they visit our graves long after we pass away. Our ancestors will hail us as heroes when we rejoin them.

Tennessee State Militia (Citizens Militia)

The inhabitants of Tennessee have a RIGHT to assemble peaceably, and a RIGHT to keep and bear arms, tempered by the Constitutional power of the General Assembly for Tennessee State to "regulate the wearing of arms with a view to prevent crime." This is NOT an "open carry" state, and concealed handgun carry permits are required.

Authority for Organization

Tennessee Code Chapter 58-1-306. Disbanding of militia.

" The governor, having called forth the militia into active service, is authorized to disband it, in whole or in part, as public interest and safety require, *unless otherwise required* (emphasis ours) by the government of the United States. [Acts 1933, ch. 128, § 30; C. Supp. 1950, § 1003.31 (Williams, § 845.30); T.C.A. (orig. ed.), § 7-207.]

United States Supreme Court

District of Columbia vs. Heller

(view as pdf)

(view as .html)

In the 2008 decision of the Supreme Court in District of Columbia v. Heller, the de jure (real/actual/legal) definition of "militia" as used in United States jurisprudence was discussed.

(view pdf) (view as .html)

The court's opinion made explicit, in its obiter dicta that the term "militia", as used in colonial times in this originalist decision, included both the federally-organized militia and the citizen-organized militias of the several States: "

Scalia, Antonin (2008-06-26). "DISTRICT OF COLUMBIA ET AL. v. HELLER" (PDF). Judicial Decision. (view pdf) (view as .html)

http://www.supremecourt.gov/opinions/07pdf/07-290.pdf. Retrieved 2008-06-27.

In other words, the Supreme Court (speaking as the final "decider" of what is constitutional for the U.S. Federal Government) requires Citizen Organized Militias.

Our point? Tennessee's Governor can disband any militia he/she calls into service, but he/she cannot disband a well organized Citizen Militia acting in a lawful manner. We The People have a right to assemble, to freely associate, and to bear arms. In the past, Tennessee State has relied solely on Chartered Volunteer Militia Companies, and the enabling laws for those military organizations in Tennessee State is still viable.

Tennessee State Militia (Citizens Militia) ???

Tennessee State Militia (Unorganized) ???

Tennessee State Militia (Organized) ???

This Military Organization of Tennessee State is in reality two organizations. Constitutionally, Tennessee State Lawmakers must see us through the lens of "The Unorganized Militia."

When and if called into actual service by the Governor (or any other civil authority authorized by the Tennessee General Assembly) to repel invasion, assist in disaster, or quell riot, this militia ceases to be a "Citizen Militia," and becomes Tennessee's "Organized Militia" until it is disbanded by the Governor, when it reverts to a "Citizens Militia."

Exception: Tennessee state-chartered volunteer "Independent Militia" Companies, which are a special class of Military Organization of Tennessee State, which retains elected officers and the flavor of a citizen militia. These are stock corporations, similar in nature to volunteer fire brigades, with tax-exempt real estate holdings; e.g. armories, drill rooms, training grounds, ranges, etc.

Source: Public Acts, 44th General Assembly for Tennessee State 1885, Chapter 87,

AN ACT to Incorporate an independent militia

Styled as: "Chartered Military Companies"

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Civil Authority and Chain of Command,

Tennessee State Militia (Citizen Organized)

Make no mistake, these men are our lawful commanders.

If the going gets REALLY tough in our country, it is our

Constititutional duty to obey their lawful commands.

Train, train... and train some more... and hope you never get the call!

Until then, participate in Tennessee rich Volunteer opportunities through Tennessee Emergency Management (see chart below)

Gov. Bill Haslam, is our Commander-in-chief as long as the General Assembly foe Tennessee State allows it. (see proof) Our mission is to TRAIN ourselves and volunteer

in our communities -- until he activates us.

From the 1870 Constitution of Tennessee State:

Section 5: He shall be commander-in-chief of the Army and Navy of this state, and of the Militia, except when they shall be called into the service of the United States. But the Militia shall not be called into service except in case of rebellion or invasion, and then only when the General Assembly shall declare, by law, that the public safety requires it.

Section 24. That the sure and certain defense of a free people, is a well regulated militia; and, as standing armies in time of peace are dangerous to freedom, they ought to be avoided as far as the circumstances and safety of the community will admit; and that in all cases the military shall be kept in strict subordination to the civil authority.

Section 25. That no citizen of this state, except such as are employed in the army of the United States, or militia in actual service, shall be subjected to punishment under the martial or military law. That martial law, in the sense of the unrestricted power of military officers, or others, to dispose of the persons, liberties or property of the citizen, is inconsistent with the principles of free government, and is not confided to any department of the government of this state.

Section 26. That the citizens of this state have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.

Section 27. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner prescribed by law.

Section 28. That no citizen of this state shall be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law.

Section 26. No judge of any court of law or equity, secretary of state, attorney general, register, clerk of any Court of Record, or person holding any office under the authority of the United States, shall have a seat in the General Assembly; nor shall any person in this state hold more than one lucrative office at the same time; provided, that no appointment in the Militia, or to the Office of Justice of the Peace, shall be considered a lucrative office, or operative as a disqualification to a seat in either House of the General Assembly.

ARTICLE VIII

Militia.

Section 1. All militia officers shall be elected by persons subject to military duty, within the bounds of their several companies, battalions, regiments, brigades and divisions, under such rules and regulations as the Legislature may from time to time direct and establish.

Section 2. The governor shall appoint the adjutant-general and his other staff officers; the major generals, brigadier-generals, and commanding officers of regiments, shall respectively appoint their staff officers.

Section 3. The Legislature shall pass laws exempting citizens belonging to any sect or denomination of religion, the tenets of which are known to be opposed to the bearing of arms, from attending private and general musters.

ARTICLE IX

Disqualifications.

Section 1. Whereas ministers of the Gospel are by their profession, dedicated to God and the care of souls, and ought not to be diverted from the great duties of their functions; therefore, no minister of the Gospel, or priest of any denomination whatever, shall be eligible to a seat in either House of the Legislature.

Section 2. No person who denies the being of God, or a future state of rewards and punishments, shall hold any office in the civil department of this state.

Section 3. Any person who shall, after the adoption of this Constitution, fight a duel, or knowingly be the bearer of a challenge to fight a duel, or send or accept a challenge for that purpose, or be an aider or abettor in fighting a duel, shall be deprived of the right to hold any office of honor or profit in this state, and shall be punished otherwise, in such manner as the Legislature may prescribe.

Major General Terry "Max" Haston, Tennessee's Adjutant General

When/if the Governor calls us, the call will come through him. According to the Tennessee State Constitution (click to see), the person holding the office of Adjutant General, Tennessee State appoint (see proof) officers to interface with your elected (see proof) officers, under such rules and regulations as the Legislature may from time to time direct and establish (see Tennessee's Militia laws).

"Major-Generals (who are elected), Brigadier-Generals (who are elected), and commanding officers of regiments (who are elected), shall respectively appoint their staff officers on the Division, Brigade, Regimental levels, and below."

Major General (Ret.) James H. Bassham,

Director, Tennessee Emergency Management Agency

LETS GET ORGANIZED!

[Guest bkelm18]

Oh boy. Another one of "those".

[mikegideon]

Militiapedia!

[gregintenn]

I'm waiting for the cliff notes version of that post.

[mikegideon]

My eyes went crossed about 4" into it

[Caster]

Just do what you want, but don't be an ass, don't try to be GI Joe, and don't get involved in anything illegal. Keep out of the spot light and don't run around bragging about stuff. Wear your camo, tote your rifle, run through a stack of tires and crawl under some wire. I really don't see what the big deal is, BUT I DO see why it becomes a big deal..... Diarrhea of the mouth. SO many things could ride along SO smoothly if people could just stop talking so much. That includes typing too!

[Guest Joey]

I'm no expert on TN militia law but I was under the impression that anyone who owned a gun was part of the militia.