Some Thoughts Towards a Modern Militia
These are just some of my thoughts after re-reading the Second Militia Act of 1792. I just posting this here in the hope of some discussion of these ideas.
The most important idea, to me, is to remind people that the social contract cuts both ways. By requiring that the non-National Guard stay within their own states, they would only be called up in times of emergency - natural disasters and the like - which also helps build community.
I don’t think it should be easy to opt out - the founders wanted all citizens (then, white maie property owners) and I feel likewise that everyone has a role to play in the greater society. This is simply one exploration of how to get there while trying to build on our cultural presumptions in a positive way.
1) All citizens, natural born or naturalized, over the age of 18 are members of the unorganized militia.
2) The organized militia is composed of two elements:
a) The National Militia is the National Guard and is unchanged under this act
b) The Volunteer Militia which shall be organized by each state as a State Only militia that will also act as the cadre for the unorganized militia.
3) All children, whether in public, private or home education, shall be taught elementary firearms safety, manual of arms and marksmanship before the end of 5th grade using sub-caliber versions of current issue military small arms. Parents may opt their children out on religious grounds only.
4) All members of the Volunteer Militia shall be issued, upon completion of NICS background check, one current issue US Army rifle and side arm, all necessary accessories and sufficent ammunition for annual qualification to a minimum of the US Army Marksman level. Qualification with the weapons and continued legal ability to possess firearms will be required to continue to possess the firearms. Any firearms issued to militia members may be used for any lawful purpose. Any time a militia members status changes to where they are no longer legally permitted to posses firearms, the member shall turn in all firearms and issued ammunition to local LEO within 24 hours. Failure to do so will be a federal felony offense punishable by 10 years imprisonment and $10,000 fine. All firearms and ammunition shall be issued and accounted for by the US Army. The Federal government shall provide sufficient funding to enable these to be issued and maintained appropriately.
5) Any member of the unorganized militia may request to have the same firearms issued. Upon successful completion of a NICS background check, the member shall be issued the same as a member of the volunteer militia with the same requirements to continue possession.
6) All members of the militias who are issued firearms shall be required to attend drill no less than twice a year and no more than four times a year. The required annual qualification shooting shall be counted as one of these drills. An annual NICS check shall be made during the qualification drill. All drill are to be organized and paid for by the states.
7) Members of the Volunteer and unorganized militia may be called up for 7 days unpaid service annually within the boundaries of the conscripting state. Members of both the unorganized and Volunteer Militias may be called up for up to 30 paid service annually within the boundaries of the conscripting state. The Volunteer and unorganized militias can not be called out by the Federal government nor can they be required to serve outside the conscripting state.
8) Any member who joins the Federal military forces or National Militia, is no longer covered under the terms of this act and is bound by the rules, regulations and laws provided for those services.