What is a real Militia?

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Doug.38PR

Moderator
What is a Militia? Is it these groups in the rural areas that the FBI blankets as "hate groups" and "want to overthrow the government?" Is the "the national guard" (conveniently under the control of the state and ultimately the National government)?

The modern idea of a militia is the National Guard at worst, at best it is considered any group of armed citizens who can talk a lot RTKBA BUT when all is said and done they have to do whatever the federal (using the term loosely) government tells them.

In the days of our Founding Fathers to the time of the War to Prevent Southern Independence (maybe even beyond that to some extent) a militia was a group of citizens that operated as individual units put together by local communities and offered their services in defense of their states and country during times of war, invasion and Indian uprisings. In addition to offering their services to the country, they reserved their sovereignty and would even take up arms against the government or state if the state was violating their rights and homes. (Lexington & Concord for example).

This is a far cry from what most people today consider a militia. To the modern mind, it's either the National Guard or a bunch of posers that rant about how much they hate the government or worse go out and blow up buildings and commit crimes against minorities.

Is it possible to have a true militia these days? (The Minutemen seem to be doing well)

What is a militia in you (the reader's) mind?

What is the true nature of these groups that call themselves militias? Good people, "racist" (subjective word I know) people, crazy people, paranoid people, a little of all of the above, depends on the group?

Thoughts comments?
 
My ancestors fought in "The War of Northern Aggression" too. LOL

To answer your question, all the militia members that I've come in contact with have been decent folks that have genuine concerns about where our country is headed. Definately not paranoid but not in "condition white" either.
There are racist groups out there, for sure, but the stereotypical militia, as portrayed in the media, is largely propaganda IMHO. Something else to scare you so you'll give up more of your rights and to discourage dissent.

badbob
 
I don't think at this time we really have a so called "standing militia". I always kinda thought of a Militia as you, me, everyone on this forum, and 95% of the gun owners in this country. If we were to be attached by a foreign entity as Russia in WWII or from within which i can't even imagine,we would be the freedom fighters or militia. Maybe I am dreaming as the mindset of today seems to be " oh please protect me, take care of me" but I would hope Americans would step up to the plate and fight for their freedom.

I did see what I perceived to be a different American the first few weeks after 911. I liked what I saw and if push really came to shove that is the America we would hopefully become.


My ancestors fought in "The War of Northern Aggression" too
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And the Revolution before that too, WWI and II. Doesn't make me any different but I always liked the thought of my ancestors fighting so I can enjoy the freedoms I now have. I am proud of them.
 
May I be of Service to the Militia

Cowboys and Cowgirls, I am a little long in the tooth, a bit stretched in the abdomen and an axehandle across the hind end but I wasn't always that a way. I am knowledgable in Infantry tactics, modern military firearms, an expert rifleman, former Marine, and willing and eager to defend our USA against all comers, gimme a holler if you need me !!!!!!
 
To me the militia of the U.S.A. today, and as always, means anyone who would defend the country from homeland invasion. I am proud to be part of the U.S.A. militia. Come on over you bastards. The enemy knows better than to attack our soil. We all have guns! LOL! The government will not call us a militia, but every person that would defend their property and country in an ivasion, with force of arms, is part of the militia. Got a deer rifle and would kill a trooper trying to take over your country? If you would, you're in the militia.

"A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed."
 
The militia (or fyrd) consists of those citizens in posession of firearms suitable for para-military use and the willingness to use them in defense of the
Republic and the freedom of the American people. A bolt action hunting rifle with a scope is a sniper rifle- the only difference is what you're shooting at.
 
Seems to me that the operative word is "well regulated militia". Thus it has to be organised, regulated (rules of conduct, and operation). and available to repel tyranny from any source. All of this is to be done without Governmental interference or permission. It is NOT the National Guard, which is the Army of the State. It is a purely local group self organised and self led. It's only function is to resist tyranny.

Units of the militia should train regularly, and have a leadership structure in place. The militia must be law abiding, composed of citizens who are in good standing in their individual communities.(not felons, etc.) Members of the militia would be volunteers, but in the event of activation must come under military law. (UCMJ?)

Does anyone have any more thoughts on this?
 
I haven't given the word much study, but my understanding is that the word "regulated" in the 18th century often meant "equipped."

In the new circuit court case in DC, they threw out the whole militia issue, making it clear that rights are for people.
 
Would the militia register with the US government so in the event of national emergency the government could put out a summons for each group? I mean how else would the government know that there is a militia standing by to provide services? I mean a militia probably would have been a better idea than the national guard for the aftermath of hurricain katrina. It would have been doubly so if the militia were from Louisiana or better yet from New Orleans.

Edit: Read the above post and the first paragraph sounds like the draft in event of home invasion. But that's just my first impression.
 
You ask good questions, Doug.:)

rem & cuate pretty much nailed my idea of militia. Militia is also so much more than the guys who go to the front line, training, organization, logistics, and a slew of other stuff.

I am a MOO (Militia of One). My job is to go get better regulated and prepare as well as I can and live life until I am called upon...

Any skill or expertise or cached supplies, could be needed and help. Food & medical is a lot bigger than guns on the list. Even so, the MM says one should be able to show up with a rifle and (at least) 100 rnds for it, and be able to put 8 out of 10 rnds on a (9") paper plate offhand at 100 yds, among other things, but don't show up empty handed!
 
I think the militia refers to the citizen soldier. As such, you can defend your country "when necessary".

The "when necessary" part is the difficult decision. Act without enough cause and you might look like vigilantes, but you cannot remove the right to act in extreme conditions. To do so would give up our right to defend this great Country...and IMO that should never happen.
 
This issue hasn't gotten much 'official' attention over the past 150 yeqrs or so, probably because the 'officials' don't really know what to do with it. I haven't researched it, but I'd be willing to bet that the National Guard was formed as a partial substitute for the militia and congress was hoping the militia idea would then whither and die.
Some states still have an official militia, though they never use it or admit it exists. Other states have laws prohibiting so-called 'private' militias. As with many other laws, those laws might be unconstitutional but it would take someone with very deep pockets to challenge them in court.
All that being said, I believe the militia is us. You, me, the guy next door or down the block - we're it! Some of us have had more training than others and if needed could provide more help to the cause than some others of us. My training was so long ago I'm not sure I remember how to prime a flintlock anymore but I could probably help a little. Some of my neighbors have had more recent training but would still be next to useless because of their mindset . . . or lack of same.
The problem with being part of an unorganized militia is in becoming organized. If the authorities want, they can slap a newly organized group with conspiracy charges and bring the whole thing down. Look at the problems the Minutemen have had, and they only carry defensive weapons! If they had showed up on the border with FALs or AKs the National Guard would have been there a lot sooner, only they'd have been after the Minutemen.
Yes folks, we're it and sad to say, because of years of liberal domination, we have to maintain a low profile as protection from those we would protect.
 
To me, a militia is a bunch of neighbors or small community coming together with their own personal weapons to defend their homeland from outside forces or invaders of their towns. We must all work together if that day would ever arise, that is what has alway's made America a great country!!!!! ............
 
Again I say the militia is you and me brothers. In the instance of a homeland invasion, we will defend our lands and children.
 
I stand corrected. The Militia act of 1795 clearly states the Government is cognizant of the militia and has the power to call it up at need. Further, all males between 17 and 45 are automatically enrolled. (universal conscription) Several categories of citizens are exempted ( mail drivers, politicians, etc.). So you are the militia, better report for drill when the town chuch bells ring.
 
Let's clear up some misconceptions, shall we?
TITLE 10 > Subtitle A > PART I > CHAPTER 13

§ 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.​
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The Militia Act of 1792, was changed several times. The above has been substantially as it appears since the National Defense Act of 1916.

Citizen-militias were in the colonies since from the early to mid 1600's.

The most current Militia Act was passed in 1956*. This act pertains almost exclusively with the National Guard. What this does is to clarify when the National Guard which is normally under State control (Title 32) can be transferred to Federal control (Title 10).

Now, while the Guard, in this case, the Army National Guard, does indeed trace it's history back to the Mass. Bay Colony in 1636, it was not what we today would consider the Guard. It was at that time a citizen-militia of the kind and type exemplified by the founders in the Federalists Papers.

Just before the civil war, the New York state militia became the first militia to be actually named "National Guard" in honor of the Marquis de Lafayette who commanded the "Garde Nationale" in the early days of the French Revolution.

After the civil war, many states began to follow the lead of New York.

It was during the Spanish American war that the courts ruled that the Federal Government could not call up the guard and federalize them, as the Guard were State units. The 1892 Militia Act was codified and what we now call Title 32 came into existence. The Guard still came under State authority except in times of national emergency, according to the Constitution, they could then be federalized.

The problem prior to the Spanish American war was that while the Constitution gave Congress the authority to call up the militia, the Congress had not passed any laws to codify when, where or how this was to be accomplished.

This then was the lawful beginnings of the organized militia as codified under Title 10 of the USC. It did not change the nature of the unorganized militia. No passage of law before or since has changed that nature.

Hence, under current equal rights laws, who are the militia? All able bodied persons aged 17 to 45.

Today, when referencing the militia, one must understand the nature and differences of the organized and the unorganized militias. To simply state "the militia" is legally referring to the unorganized militia. Whereas the National Guard now refers to the organized militia under State control (see the Militia Act of 1956) unless and until it has been called up under Title 32 by an act of the Congress or the President under Congressional mandate (see the National Defense Act of 1916). At which time, the control of the Guard is transferred from Title 32 to Title 10.

That is a brief but accurate history of the Guard. The Federalized National Guard only has a history going back to the Militia Act of 1892.

*Note: I'm ignoring the Homeland Security Act. While it did affect some aspects of the National Guard, it is not enough to add to this discussion.
 
I think the militia principle was simple enough in the days of muskets ... we had British Troops here supposedly for our protection, but really to dominate us ... and we declared that a standing army in times of peace is a danger to liberty, and that the proper defense of a free State is the people of that State, trained to arms and organized into well regulated militia ... so maybe we can say that the real militia of a State is comprised of Citizens of that State, it is inseparable from the people, so that it cannot be turned against the people. (This seems to rule out private militias, US militia, and the National Guard because they could turn against Virginians.)
 
One of the specific intents of George Mason in promoting his right to keep and bear arms was that it was not to be a private army, which is why it says "well regulated." I am afraid that too many read the second admendment to say "The right of the people to bear arms shall not be infringed by any regulations whatsoever." It just sounds like so often that people who talk about these things generally don't want any government interference whatsoever (but they also want to be policemen).

Be all that as it may, I suspect that I am to old to be part of any militia, however it is defined, which is most disturbing.

You know, the period before the civil war was also a period of great enthusiasm for state militia units both here and in other countries. I sometimes wonder if that contributed to the likelihood of war. Make no mistake, those units, both north and south, were militia and state owned and operated.
 
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