jlf1961
Posts: 14840
Joined: 6/10/2008
From: Somewhere Texas
Status: offline
|
Bana, there is a reason that I have him on ignore.
But in order to help him understand the complete concept and to save you from unnecessary typing (I know, improbable) here is everything the individual needs to know.
32 U.S. Code § 109 - Maintenance of other troops
(a) In time of peace, a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands may maintain no troops other than those of its National Guard and defense forces authorized by subsection (c).
(b) Nothing in this title limits the right of a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands to use its National Guard or its defense forces authorized by subsection (c) within its borders in time of peace, or prevents it from organizing and maintaining police or constabulary.
(c) In addition to its National Guard, if any, a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands may, as provided by its laws, organize and maintain defense forces. A defense force established under this section may be used within the jurisdiction concerned, as its chief executive (or commanding general in the case of the District of Columbia) considers necessary, but it may not be called, ordered, or drafted into the armed forces.
(d) A member of a defense force established under subsection (c) is not, because of that membership, exempt from service in the armed forces, nor is he entitled to pay, allowances, subsistence, transportation, or medical care or treatment, from funds of the United States.
(e) A person may not become a member of a defense force established under subsection (c) if he is a member of a reserve component of the armed forces.
However, to break it down even further, under US law, the "unorganized" militia includes every able bodied individual that can be called in response to a local need by the governor, sheriff, or local police chief in direct response to an immediate emergency until such time as the state defense forces or the National Guard are mobilized.
However, in 1990, the United States Supreme Court ruled in the case of Perpich v. Department of Defense that the federal government has plenary power over the National Guard, and greatly reduced (to the point of nonexistence) the state government's ability to withhold consent to federal deployments and training missions of the National Guard.
This cemented the fact that the National Guard is in fact part of the US military reserve structure and therefore, not part of the state militia (not subject to Federalization) and completely eliminated the argument by gun rights opponents that the national guard is in deed the modern militia.
While many states do not maintain state defense forces, the governors of every state, under the constitution, has the power to call up every able bodies person to serve in a state militia in a time of emergency.
Now, this includes person up to age 64, which means that some of these folks are going to be too old to ruck up and march 90 miles in a couple of days. In this instance (just for our brit protagonist) able bodied means a person of sound mind and reasonable physical ability who can use a firearm proficiently and can understand the orders given them.
_____________________________
Boy, it sure would be nice if we had some grenades, don't you think?
You cannot control who comes into your life, but you can control which airlock you throw them out of.
Paranoid Paramilitary Gun Loving Conspiracy Theorist AND EQUAL OPPORTUNI
|
RE: SCOTUS, Second Amendment and gun control laws. - 
Profile
.gif){kind=avatar}
New Messages
No New Messages
Hot Topic w/ New Messages
Hot Topic w/o New Messages
Locked w/ New Messages
Locked w/o New Messages
Post New Thread