Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Leaning Right
Pardon this very basic question, but can a state still form a state militia?

I'm fully intending to be a smart ass here so...you should already know the answer to that question! Why don't you check your own State's laws and find out for yourself!
Texas Statutes - Chapter 431: STATE MILITIA
Texas Statutes - Section 431.001 DEFINITIONS
(1) "Reserve militia" means the persons liable to serve, but not serving, in the state military forces.
(1-a) "Servicemember" has the meaning assigned by Section 161.551, Health and Safety Code.
(2) "State militia" means the state military forces and the reserve militia.
(3) "State military forces" means the Texas National Guard, the Texas State Guard, and any other active militia or military force organized under state law.
(4) "Texas National Guard" means the Texas Army National Guard and the Texas Air National Guard.

Texas Statutes - Section 431.010: ORGANIZATION PROHIBITED
(a) Except as provided by Subsection (b), a body of persons other than the regularly organized state military forces or the troops of the United States may not associate as a military company or organization or parade in public with firearms in a municipality of the state.
(b) With the consent of the governor, students in an educational institution at which military science is a prescribed part of the course of instruction and soldiers honorably discharged from the service of the United States may drill and parade with firearms in public.

109 posted on 06/07/2011 4:53:58 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
[ Post Reply | Private Reply | To 17 | View Replies ]


To: Leaning Right
...can a state still form a state militia?
The "militia" predates any government. The people themselves, with a few exceptions, are the militia. The State is only supposed to be in charge, generally, of appointing officers and ensuring folks are trained regularly.

What is the militia?

"Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man against his own bosom? Congress shall have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American ... The unlimited power of the sword is not in the hands of either the federal or state governments, but where I trust in God it will ever remain, in the hands of the People." -- Tench Coxe - 1788.

110 posted on 06/07/2011 4:58:48 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
[ Post Reply | Private Reply | To 109 | View Replies ]

To: philman_36
Why don't you check your own State's laws and find out for yourself!

Well, part of the value of asking questions on FR is that you usually get more than just the facts. You also get useful conservative opinion and commentary to go along with those facts.

Of course, you sometimes do get a smart-ass response, but that goes with the territory. Some folks just can't help being rude and that just has to be to overlooked.

114 posted on 06/07/2011 5:12:26 PM PDT by Leaning Right (Why am I carrying this lantern? you ask. I am looking for the next Reagan.)
[ Post Reply | Private Reply | To 109 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson