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But what's the difference between your shooting club, your tactical training group, Security companies, Military contractors like Blackwater, and the guys in your neighborhood? Where's the defining line between allowed by the grace of government and not?

The Texas State constitution and US Constitution. Both allow for militias. 431.010 clearly expresses hostility to independent local militias within municipalities, but it has no penalties, and does not apply to rural areas. (A key phrase here being " in a municipality of the state..") It's main intent seems to be to discourage local officials from calling up the militia.

The only statutes which local officials might invoke against a militia muster within a municipality would be those against exhibiting a firearm in a way that "alarms" the public. However, centuries of common law makes it clear that merely carrying firearms is not to be considered "alarming".

I also found this opinion to be of interest: Present U.S. and Texas law clearly fail to implement the requirements for organizing and training the Militia established by the Framers. However, we must also recognize that this failure goes all the way back to 1792, and that such organizing and training are, therefore, left to the people themselves, in the form of independent local militias, which they have a constitutional duty to maintain in a high state of preparedness, even if they get little support from the authorities, and indeed, especially if they get opposition from the authorities.

Very informative.

Thanks for the information.

L

The Texas State constitution and US Constitution. Both allow for militias. 431.010 clearly expresses hostility to independent local militias within municipalities, but it has no penalties, and does not apply to rural areas. (A key phrase here being " in a municipality of the state..") It's main intent seems to be to discourage local officials from calling up the militia.

The only statutes which local officials might invoke against a militia muster within a municipality would be those against exhibiting a firearm in a way that "alarms" the public. However, centuries of common law makes it clear that merely carrying firearms is not to be considered "alarming".

Yes, the only actual penalties I see here is one in the middle of inhibiting military services in the course of their duties, and one in the draft section, that seems to be aimed at the draft board. But, I'm sure they could find something to pin on people if they really wanted.

See below, there are rules for non-Govs calling up militia, but it is very limited. And yes, it doesn't say you can't do it in a rural setting, but that's not always an easily accessible area for some people. And if it is directed at cities, then why not say so explicitly? If private companies were allowed to form a 'security' group within their city, then why not word it to allow for that? I certainly believe anyone and their grandmother should be perfectly fine to get together and form a militia and train, but that doesn't seem to be the way the law is worded, and it is very vague as to what constitutes the difference between an illegal "militia" and your gun club meeting at the local range. If anything, the gov should be happy if your neighbors decide to get together and form a neighborhood watch. Ready for any disasters that may strike.

§ 431.112. CALLING OF FORCES BY OTHER OFFICIAL. If military aid is immediately and urgently necessary to prevent or suppress violence under Section 431.111(c) and it is impracticable to secure the aid in time by order of the governor, the district judge of the judicial district, the sheriff of the county, or the mayor of the municipality in which the disturbance occurs may call for aid on the commanding officer of the state military forces stationed in the judicial district, county, or municipality or an adjacent judicial district, county, or municipality. The officer must make the call in writing and shall immediately notify the governor of the action.