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Re: [RLCNH] Questions about the New Hampshire militia

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  • Tim Condon
    ... Sam, I think you misunderstand me. I m not advocating or even talking about setting up a private militia. I m talking about the constitutionally-decreed
    Message 1 of 1 , Nov 13, 2004
      At 02:25 PM 11/13/2004 -0500, Sam Cohen wrote:
      >Tim, Before you go too far on this subject, please note New Hampshire RSA
      >111:15, which I've copied below. (My understanding is that this law was
      >passed in reaction to the overindulgences of something called the "White
      >Mountain Militia," which was active some years ago; in my almost five
      >years in New Hampshire, I haven't heard or read anything about it except
      >historically, so I assume it's defunct.) I've been complaining about this
      >unconstitutional and insulting law to a few legislators (including Henry
      >McElroy) for a while, but other things -- including the election -- have
      >taken precedence. Now that we have a Dem governor, I don't think it's
      >wise to even try to repeal it for another two years. (Similarly, we're
      >going to be spending the next two years defending against anti-gun bills
      >in the New Hampshire legislature, rather than promoting pro-gun
      >legislation. Watch.)

      Sam, I think you misunderstand me. I'm not advocating or even
      talking about setting up a "private militia." I'm talking about the
      constitutionally-decreed New Hampshire militia; the official militia of the
      state of New Hampshire. I have no interest in private militia groups
      (although of course I don't oppose them either, and agree the law below is
      both unconstitutional and should be repealed). What I'm interested in is
      how the New Hampshire state militia is constituted, how it operates, what
      it does, who is in charge of it, etc. After all, if there's no militia, why
      is it specifically mentioned and lauded in the NH constitution?

      >On the subject of New Hampshire militias in law, look at New Hampshire RSA
      >chapter 110-B -- "The Militia" -- and RSA chapter 111 -- "The State
      >Guard." (Bottom line: we have an Adjutant General, who reports to the
      >Governor. "Armed Civilian Groups" are illegal.)

      What's it say?

      >On a different subject: What's this? Libertarians attempting to DECREE
      >what kind of rifle I should have? Shame on you. :-)
      > Sam Cohen
      >**** RKBA! (...the exclamation point means "shall not be infringed!") ****

      There we go again, a libertarian who thinks that "well-ordered"
      and "organized" are anti-freedom. :--) Of course, everyone in the entire
      United State has the Constitutionally protected right to own, carry, and
      use any military weapon they want (well, nuclear devices are subject to
      discussion). But if you're going to have a state "organized militia," it
      would be silly to tell everyone "ya'll bring whatever ya got." In order to
      get the job done, there must be standardization, IMO. (Next thing you know,
      my friend Sam will be arguing that having state militia military uniforms
      is anti-freedom....) ;--) ----Tim Condon

      >CHAPTER 111
      >Section 111:15
      > 111:15 Armed Civilian Groups. – No organization, society, club, post,
      > order, league or other combination of persons, or civil group, or any
      > members thereof, are authorized to assume any semblance of military
      > organization or character by bearing or possessing rifles, pistols,
      > sabres, clubs, or military weapons of any kind, or wearing a military
      > uniform of any kind. Any person violating any of the provisions of this
      > section or taking part in such military organization shall be guilty of a
      > misdemeanor if a natural person, or guilty of a felony if any other
      > person; and any rifles, pistols, sabres, clubs or other military weapons
      > used in violation hereof shall be forfeited. This section shall not apply
      > to regularly constituted military units under state or federal laws; and
      > nothing in this section shall be construed as forbidding the possession
      > and use of rifles for color guards or firing squad purposes, or the
      > wearing of uniforms of a military character, by an organization composed
      > wholly of veteran soldiers who participated in any war of the United
      > States, or by any other recognized fraternal group of long-standing in
      > the community which uses rifles or sabres merely as a part of its
      > ritualistic exercises and which is not specifically disapproved by the
      > President of the United States, the Department of Defense, or the governor.
      >Source. 1941, 46:15. RL 144:15. RSA 111:15. 1973, 528:42. 1981, 327:7,
      >eff. Aug. 16, 1981.
      >----- Original Message -----
      >From: <mailto:tim@...>Tim Condon
      >; <mailto:freedom_in_New_Hampshire@yahoogroups.com>Freedom in NH ;
      ><mailto:RLCNH@yahoogroups.com>RLCNH@yahoogroups.com ;
      ><mailto:rlcfl@yahoogroups.com>RLC Florida
      >Sent: Saturday, November 13, 2004 11:26 AM
      >Subject: [RLCNH] Questions about the New Hampshire militia
      >Article 2A of the NH state constitution says, "All persons have the right
      >to keep and bear arms in defense of themselves, their families, their
      >property and the state." Article 24 of the NH state constitution says "A
      >well regulated militia is the proper, natural, and sure defense, of a state."
      >Does anyone know anything about the militia in New Hampshire? Since the
      >state militia consists of all able-bodied citizens of the state, most
      >Porcupines will probably want to be part of it. That being the case, I'm
      >wondering how it works. Does the NH militia have a regular military
      >structure? Are there regular training times, such as the Swiss militia
      >has? Are there shooting competitions held among different militia units
      >during the year? Is there statewide coordination? Are the run rights
      >organizations in NH, such as the Gun Owners of New Hampshire, involved in
      >supporting the state militia? In short, what is the militia like in New
      >Hampshire? Anyone know? Check out the discussion below:
      >Tim Condon, Participant Services Director, Free State Project
      > Tampa, Florida - 813-251-2626 - email: tim@...
      > A chance to live what you believe: www.freestateproject.org
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