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Re: Questions about the New Hampshire militia

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  • tierradelfuego
    I would think that the NH militia works exactly like the US militia. As a libertarian and a lawyer, I would think that at some point you would have come across
    Message 1 of 4 , Nov 19, 2004
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      I would think that the NH militia works exactly like the US militia.
      As a libertarian and a lawyer, I would think that at some point you
      would have come across the US statutes on this. You did know that you
      are (or were) a member of the US militia, didn't you?

      U.S. Amendment II
      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.

      Supporting legislation:
      TITLE 10 > Subtitle A > PART I > CHAPTER 13 > § 311
      § 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.

      TITLE 10 > Subtitle A > PART I > CHAPTER 15 > § 332
      § 332. Use of militia and armed forces to enforce Federal authority
      Whenever the President considers that unlawful obstructions,
      combinations, or assemblages, or rebellion against the authority of
      the United States, make it impracticable to enforce the laws of the
      United States in any State or Territory by the ordinary course of
      judicial proceedings, he may call into Federal service such of the
      militia of any State, and use such of the armed forces, as he
      considers necessary to enforce those laws or to suppress the rebellion.

      NH [Art.] 24. [Militia.] A well regulated militia is the proper,
      natural, and sure defense, of a state.

      Supporting legislation:
      NH CHAPTER 110-B
      THE MILITIA
      Section 110-B:1
      110-B:1 Composition of the Militia. –
      I. The militia shall be divided into 3 classes, namely the
      national guard, the state guard, and the unorganized militia.
      II. The national guard shall consist of an army national guard, an
      air national guard, and an inactive national guard. As used in this
      chapter, the term "national guard" shall mean and refer to the army
      national guard and the air national guard unless otherwise indicated.
      III. The state guard shall consist of those persons serving in
      accordance with the provisions of RSA 111.
      IV. The unorganized militia shall consist of all able-bodied
      residents of the state who are 18 years of age or older, who are, or
      have declared their intention to become, citizens of the United
      States, and who are not serving in the national guard or the state guard.
      V. When authorized by the laws and regulations of the United
      States, there shall be an additional section of the state guard to be
      known as the New Hampshire naval militia.

      NH CHAPTER 110-B
      THE MILITIA
      Section 110-B:2
      110-B:2 Commander-in-Chief; Regulations. – The governor shall be
      the commander-in-chief of the militia and is hereby authorized to
      issue regulations for the organization and government thereof. Such
      regulations shall have the same force and effect as the provisions of
      this chapter, but they shall conform to the laws and regulations of
      the United States relating to the organization, discipline, and
      training of the militia, to the provisions of this chapter and, as
      nearly as practicable, to the laws and regulations governing the army
      and air force of the United States. The regulations in force at the
      time of the passage of this chapter shall remain in force until new
      regulations are issued.

      NH CHAPTER 110-B
      THE MILITIA
      Section 110-B:3
      110-B:3 Registration and Draft of Unorganized Militia. –
      I. Whenever it shall be deemed necessary, the governor may direct
      the members of the unorganized militia to present themselves for and
      submit to registration at such time and place and in such manner as
      the governor may prescribe in regulations issued pursuant to this chapter.
      II. Whenever it shall be necessary in case of invasion, disaster,
      insurrection, riot, breach of the peace, or imminent danger thereof,
      or to maintain the national guard at the number required for public
      safety or prescribed by the laws of the United States, the governor
      may call for and accept from the unorganized militia as many
      volunteers as are required for service in the national guard, or the
      governor may direct the members of the unorganized militia or such of
      them as may be necessary to be drafted into the national guard.

      That should answer your questions.

      "Most Porcupines will probably want to be part of it."
      They already are part of the US militia and the NH militia.

      "That being the case, I'm wondering how it works. Does the NH militia
      have a regular military structure?"
      No, the US unorganized militia is unorganized until the president says
      it's not. The NH unorganized militia is unorganized until the
      governor says it's not.


      --- In freestateproject@yahoogroups.com, Tim Condon <tim@t...> wrote:
      >
      > 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:
      >
      >
      http://forum.freestateproject.org/index.php?board=42;action=display;threadid=8728
      >
      > Tim Condon, Participant Services Director, Free State Project
      > Tampa, Florida - 813-251-2626 - email: tim@t...
      > A chance to live what you believe: www.freestateproject.org
      >
      > [Non-text portions of this message have been removed]
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