NC Governor signs Militia Law

Do you live in North Carolina? Did you know that you are a member of the Militia? The Governor of North Carolina recently signed House Bill 250, which updated the laws that govern the Militia of North Carolina.
In North Carolina, the Militia is composed of several bodies. First, the North Carolina National Guard
The North Carolina National Guard, both army and air, Army and Air, shall consist of regularly commissioned, warrant and enlisted personnel between such ages as may be within the age limits established by regulations promulgated by the secretary of the appropriate service and shall be organized, governed, armed, equipped and have such the duties and responsibilities as hereinafter provided.provided in this Chapter.
Second, the Naval Militia
The naval militia shall consist of regularly commissioned, warrant and enlisted personnel between such ages as may be within the age limits established by regulations promulgated by the secretary of the appropriate service and shall be organized, governed, armed, equipped and have such the duties and responsibilities as hereinafter provided.provided in this Chapter.
Third, the “State Defense Militia” which is an organized militia not subject to federal call up.
The State defense militia shall consist of commissioned, warrant and enlisted personnel called, ordered, appointed or enlisted therein by the Governor under the provisions of Article 5 of this Chapter and shall be organized, governed, armed, equipped and have such the duties and responsibilities as hereinafter provided.provided in this Chapter.
Fourth, the “Historic Military Commands” which sound interesting, but I don’t know anything about.
Historic military commands are those historic groups which remain active by meeting at least once a month and which follow military procedures. Only such groups as may be designated by the Governor shall fall within this branch of the militia. Any maximum age limits prescribed by this Chapter shall not be applicable do not apply to members of historic military commands.
And finally, the Unorganized Militia.
The unorganized militia shall consist of all other able‑bodied citizens of the State and of the United States and such all other able‑bodied persons who have or shall declare their intention to become citizens of the United States, who shall be at least 17 years of age, except those who have been convicted of a felony or discharged from any component of the military under other than honorable conditions.
You can see from the quoted paragraph that some changes were made to the law governing the Unorganized Militia. This should tell you that if something else was intended, they could have very easily changed it. Unfortunately for those anti-gun types who dispute that the Militia exists, and that it includes much more than the National Guard, this law confirms that each and every able bodied adult citizens of North Carolina, minus a few exceptions, are members of the Militia. Note carefully that it does not restrict militia membership to men. That means that women are also members of the NC Militia. Yay equality!
The Governor can call the militia if she wants to.
The Governor shall, when ordering out the unorganized militia, designate the number. He The Governor may order them out either by calling for volunteers or by draft. He The Governor may attach them to the several organizations of the North Carolina National Guard, the State defense militia or naval militia, as may be best for the service.
If the unorganized militia is ordered out by draft, the Governor shall designate the persons in each county to make the draft, and prescribe rules and regulations for conducting the same.it.
Every member of the militia ordered out for duty, or who shall volunteer or be drafted, who does not appear at the time and place ordered, shall be liable to such punishment as a court‑martial may determine.determined by a court‑martial.
So if the word goes out and you don’t show up as ordered, you get a Court Martial. The Governor doesn’t need to worry about me. If the State is in such a bad bind that I would be considered more of a help than a hindrance, I’ll show up.
There’s even a section where the State will promote marksmanship.
The Adjutant General is authorized to detail a commissioned officer of the North Carolina National Guard or member of the State defense militia to promote rifle marksmanship among the State defense militia and the unorganized militia of the State. Such The officer or member so detailed shall serve without pay and it shall be his dutythe duty of the officer or member  to organize and supervise rifle clubs in schools, colleges, universities, clubs and other groups, under such rules and regulations as prescribed by the Adjutant General shall prescribe and in such a manner to that will make them, when duly organized, acceptable for membership in the National Rifle Association. Provided, that such these duties and efforts shall in nowise interfere or conflict with clubs of schools or units operating in R.O.T.C.Reserve Officers’ Training Corps or similar schools under the supervision of armed forces instructors.instructors of the Armed Forces of the United States.
Oh, dear. Does that mean that the State is supposed to offer organized marksmanship training in regular schools throughout the State? And worse, these training clubs should be organized in a way acceptable to the evil NRA?!?! I wonder if they will be promoting Appleseed shoots? Do you think I can convince them to loan me a proper rifle for my training class?
Well, that puts paid to the ignorant concept that the “Militia” referred to in the Second Amendment refers solely to the National Guard. Don’t let the gun grabbers know. With all the other things going on, they’d probably not take it well.

9 responses to “NC Governor signs Militia Law

  1. We desperately need your Governor here in New Jersey

  2. Mark, it’s not the Governor you need, it’s the legislature.

  3. Yeah, it is the legislature we need here in NJ.

  4. The unorganized militia was outlined at the federal level w/ the Militia Act of 1903. Detailed below from wikipedia (where else?)

    The organized militia created by the Militia Act of 1903, which split from the 1792 Uniform Militia forces, and consist of State militia forces, notably the National Guard and the Naval Militia.[2] The National Guard however, is not to be confused with the National Guard of the United States, which is a federally recognized reserve military force, although the two are linked.
    The reserve militia[3] or unorganized militia, also created by the Militia Act of 1903 which presently consist of every able-bodied man of at least 17 and under 45 years of age who are not members of the National Guard or Naval Militia. (that is, anyone who would be eligible for a draft)[2]

    The reserve militiaAll able bodied men, 17 to 45 of age, are ultimately eligible to be called up into military service and belong to the class known as the Reserve Militia, also known as the sedentary militia. Able bodied men who are not eligible for inclusion in the reserve militia pool are those aliens not having declared their intent to become citizens of the United States (10 USC 311) and former regular component veterans of the armed forces who have reached the age of 64 (32 USC 313). All female citizens who are members of National Guard units are also included in the reserve militia pool (10 USC 311).

    Other persons who are exempt from call to duty (10 USC 312) and are not therefore in the reserve militia pool include:

    The Vice President (also constitutionally the President of the Senate, that body which confirms the appointment of senior armed forces officers made by the Commander in Chief).
    The judicial and executive officers of the United States, the several States and Territories, and Puerto Rico.
    Members of the armed forces, except members who are not on active duty.
    Customhouse clerks.
    Persons employed by the United States in the transmission of mail.
    Workmen employed in armories, arsenals, and naval shipyards of the United States.
    Pilots on navigable waters.
    Mariners in the sea service of a citizen of, or a merchant in, the United States.
    Many individual states have additional statutes describing their residents as part of the state militia; for example Washington law specifies all able-bodied citizens or intended citizens over the age of eighteen as members of the state militia, as explicitly distinct from the National Guard and Washington State Guard.[44]

  5. NC’s new legislature is great despite how crappy Gov Perdue is. Perdue HAS to go.

  6. This means that we answer to the Commander-in-chief? In this case, it is the Governor, and that means we are organized and no longer independent of the C-i-C.

    Absorption into the state has been the intent of all Militia Acts from the beginning. The Unorganized Militia is independent of the Governor as much as the President, and must remain that way.

    This is no understanding of what we are about, this is a dissolution of our identity, our freedom of movement in independence of centralized authority, and dissolution of our very sovereignty.

    The Militia predates the U.S. Federal Government, and it predates even states. Subsequent militias were formed, but the UM remains independent because it was first-in-time and retains that authority.

    We may have to politely thank the Governor, but decline with thanks.

    The UM does not answer to the Commander-in-Chief whether it is the President or the Governor.

    Section 127A-90 could just as easily be a non-order so the UM is never utilized. It could just as easily be an offense to be operating without C-i-C authorization.

  7. Not to sure about this since all of the sponsors save one in the House are anti gun Leftists.

    I would really like to know the real intent with this. The last organized state militia was allowed to disintegrate when Jim Hunt returned to the Governorship in 93.

  8. I’m fairly sure.

    The UM cannot be subject to any Governor, because we can then be ordered to stand down for the silliest of reasons instead of being utilized often.

    George Mason pointed out how the Crown could absorb the Militia and then never use them. This then becomes a court martial offense to activate without orders. It also makes the UM subject to court martial to begin with.

    Best we all be sure by declining the concept of being so embraced and remain independent.

    It’s a stealth gun control measure. And besides, how can this law even be legal?

  9. I am a free man and not subject to orders from any governor, president or other bureaucrat.

    I lend my services of my own free will, when and where I wish.

    I also withhold those services when I wish.