The "unorganized" or reserve militia is a legal and lawful part of the armed forces of this nation. It is a military organization recognized by the Second Amendment of the Constitution; Title 10 Section 311 USC; The Dick Act of 1903; The National Defense Act of 1916; and affirmed by numerous court decisions.
There is no ambiguity, the "unorganized" citizens militia is not the National Guard or the state "select" militia under the governor, or part of the "organized" armed forces of the federal government. It is literally the entire body of the armed citizenry.
Although the "unorganized" militia can be called up for lawful (Constitutional) purposes, it is not under the direct control of any state or political jurisdiction. It represents the authority and power of the people over the government and stands as the last defense of the citizens of this country against any domestic tyrants.
Purposes and Authority of the Militia:
The purpose of the militia as defined by the Constitution is to:
- 1. Enforce the laws of the Union (The Constitution)
2. Suppress insurrections
3. Repel invasions
These provisions affirm the right of the people to defend themselves and their republican form of government from all enemies, both foreign and domestic. That means that the people, as the militia have the right to fight, if necessary, oppressive government, to prevent the usurpation of the Constitution (the supreme law of the land) by anyone, including the federal government.
The authority, duty, and obligation of the citizens, acting as the militia, is clearly expressed in our Declaration of Independence: "That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or abolish it..., " further "... it is the right, it is their duty, to throw off such government,..." Together these provisions codify the natural rights of all citizens to defense of self, family, and country.
"The strongest reason for people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." -Thomas Jefferson
With the exception of certain public officials, all able-bodied men between the ages of 17 and 45 not currently serving in the regular armed forces or National Guard, and any former member of the regular armed forces, are by law already members of the "unorganized" militia. Law requiring militia participation are no longer enforced.
With very few restrictions, membership in the militia must be open to all citizens regardless of race, sex, religion or political affiliation. Units not open to public membership and/or which are organized for any purpose other than the support of Constitutional principals may be considered private armies and are not to be confused with the Constitutional "unorganized" militia.
As a practical matter, effort should be made to incorporate only citizens of good character in the militia. Those who advocate criminal activity, terrorism, revolution, or a change from our republican form of government should not be tolerated. This implies that militia members should understand the duties and obligations of both citizens and government under out Constitution.
Elements of Militia Organization:
The basic elements necessary for the formation of a militia unit include an organizational meeting which is open to members of the public; an affirmation and consensus on the purpose of the organization; and the election of officers.
The distinction between a political action group organized to promote Constitutional government and a militia is the military orientation and a political orientation of the latter. Both groups must work together in support of mutual goals. Individuals may participate in both. But, the militia prepare, train, and equip as a response group in fashion of minutemen of Concord and Lexington for the defense of self and community.
Therefore, to be recognized as a militia unit, the organization should adopt a written code of conduct and organization, have a distinctive uniform or method of identification, and implement a training program to fulfill the "well-regulated" disciplinary requirement of the Second Amendment.
A militia unit cannot and will not become a viable military organization, or have any potential for effective response, until the talk stops and purposeful organization begins. Elected officers must effectively organize group efforts and provide for training, unit organization, response strategies, intelligence, and security. Logistics officer(s) must ensure the acquisition of resources consistent with the tactical role assumed by the unit. Every member must acquire and develop proficiency in the use of firearms, field and specialized equipment (i.e. communications) appropriate. Each member should be committed to the purpose and goals of the militia.
To be "well-regulated" the group must be organized, and have an effective means of communications, transport and logistic support. Unit and individual effectiveness, and perhaps even survival, depends upon consistent and frequent training, group familiarity, and the ability to work together as a unit. A regular established program is essential in effective organization.
The militia is the natural adversary of those who promote the socialist New World Order and pervert our republic form of government without the ap- proval of the people. Those who stand in the gap between the people and the constitutional world government invite censure and conflict.
The militia does not stand alone. Whenever possible units should work to enlist the support of the community, auxiliary members, and law enforcement. Militia units should in turn support their local elected officials, sheriff, or police force in the lawful exercise of their authority.
The militia embodies the spirit and ideals of our forefathers and is comprised of men and women who are committed to defend our Constitutional Republic. An unquenchable patriotic spirit compels us to stand for the individual freedoms, liberty, and sovereignty guaranteed by our Constitution. The militia must stand for what is moral, lawful and right if it is to prevail in adversity.
Additional information about militia authority, structure, and organization can be found in the North Carolina
Citizen's State Manual available on this web site.