The real militia.

[wjh2657]

There seems to be a huge misunderstanding as to what constitutes a “well ordered militia” as cited in the Second Amendment. In this state (Tennessee) the structure and legality of the militia is laid down in Title 58 of the Tennessee State Code Annotated.

 

 Only able bodied males of 18-45 years of age who have no other military commitment (Reserve, Ready Reserve or Draft eligible) can be inducted into the militia. They are enrolled only when needed and then only by order of the Governor and approval of the state General Assembly.

 

 They can only be called in case of invasion or rebellion. (To put down a rebellion, not be the rebellion!)

 

 After being called they can be immediately handed over to the National Guard by Order of the President of the United States.

 

 Officers in the Militia must possess the same qualifications as Officers of the National Guard (Bachelors Degree for 2LT and Masters Degree for LTC and above.)

 

 All orders, procedures, rules and regulations for the guard will be issued by the Governor.

 

If you form an armed ”Militia” under any conditions other than these, you are simply an armed mob and will probably be dealt with, under the law, as such.

 

The Militia units formed during the revolutionary War were formed prior to the Constitution being enacted. Their authority and structure changed after the Constitution became law. They became “State” armies, subject to being absorbed by the Federal Government through the National Guard.

 

I served thirty years in the United States Marine Corps and then  twenty years in the Tennessee State Guard and I am aware, from first hand experience, that the subject of military forces is well covered by laws.

[JayC]

There is a lot of bad information in this post...  Thank you for your service, but please don't spread mis-information. 

 

Under TN Law Militia units VOTE for their own line officers, there are no requirements in the state law for minimum education of those line officers.

 

58-1-303

 

 

All officers of the militia exercising command of line units shall be elected by ballot

 

Only staff officers are appointed by Governor in line with National Guard eligibility.  Further, officer commissions under law for the national guard do not require a degree. (58-1-210), and it's common practice in the "TN State Guard" for line officers 2nd and 1st LT's to not have a 4 year degree, and my understanding is that if you look really really closely you'll find a couple of officers (and a crap ton of cadet officers) in the TN National Guard today without 4 year college degrees :) 

 

The Militia can not be handed over to the National Guard by order of the President, only the Governor can assign the militia to the National Guard under provisions in the National Defense Act (which does require the President to issue an order), but the transfer happens via the Governor.

 

The militia can be called into service "any time the public safety requires it" (TCA 58-1-301).  Not just in times of rebellion/invasion. 

 

You might also note that the Governor can only call the militia to 'active service', that no state law prohibits the 'militia' from self organizing and training on their own time and own dime.  So technically speaking these rumpfests that call themselves part of the militia are perfectly legal under current state law - unless you can identify a real state law they are violating?

 

Further you might not be aware of this little tidbit of law:

 

 Chapter 87, 1885 Public Acts of the 44th General Assembly for Tennessee State: "An Act to establish volunteer militia companies"

 

Which authorizes the setting up of volunteer militia companies by the citizens on TN.

 

So it seems your extensive "first hand experience" maybe somewhat lacking in respect to the law ;)

 

For the record, I don't belong to any group or organization that calls itself a militia, just a well informed citizen ;)

[wjh2657]

Okay. Seems we have two completely different sets of laws pertaining to what the "Militia" is and can be. Both are apparantly valid law and yet are in conflict. The latest reference in "Acts of the GA" that I found pertinent are in the Acts of the GA session of 1887 which actually amplify the provisions of the Acts of the GA 1885. The major conflict would be in that the Militia to be called by the governor according to the TCA may or may not include units of the Militias legally set up by the Acts of the GA. Too much for me.. Folks with a lot more legal background than me are going to have to dissect this quandry.