We are an unorganized Militia, an organization formed under the Constitution Of The United States and the State of California; citizens dedicated to our Constitution and standing united in defense of our country from all enemies, be they foreign or domestic. CSM (California State Militia) covers the entire state of California. As a unit, we stand at the ready to both support and reinforce the Lawful efforts of law enforcement and organized military forces in the civil defense of our state, our nation, our cities and neighborhoods, and most importantly, the protection of our families.
What is a Militia
There are two Militia classes; (1) organized militia or active militia and (2) unorganized militia or reserve militia.
(1) The organized militia or active militia consists of the National Guard, State Military Reserve and Naval Militia.(2) The “unorganized” or reserve militia consists of members who are not members of the organized 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;
– United States Code: The Militia, 10 U.S.C. §§ 311-312;
– The Militia Act of 1903 (Dick Act of 1903);
– The National Defense Act of 1916;
– California Military and Veterans code 1935;
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.
(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. (Aug. 10. 1956, ch. 1041, §1, 70A Stat. 14.)
United States Code: The Militia, 10 U.S.C. §§ 311 -Section (b) (2)
120. The militia of the State shall consist of the National Guard, State Military Reserve and the Naval Militia – which constitute the active militia – and the unorganized militia.
(Amended by Stats. 1963, Ch. 94.)121. The unorganized militia consists of all persons liable to service in the militia, but not members of the National Guard, the State Military Reserve, or the Naval Militia.
(Amended by Stats. 2007, CH. 102, Sec. 1. Effective January 1, 2008.)
California Military and Veterans Code 1935 – Section 121
The Purpose of the Militia
- Execute the laws of the Union (The Constitution)
- Repel Invasion
- Suppress Insurrection
and other Lawful Constitutional duties.
| Sec. 4. That whenever the United States is invaded, or in danger of invasion from any foreign nation, or of rebellion against the authority of the Government of the United States, or the President is unable with the other forces at his command, to execute the laws of the Union in any part thereof, it shall be lawful for the President to call forth for a period not exceeding nine months, such number of the militia of the State or of the States or Territories or of the District of Columbia as he may deem necessary to repel such invasion, suppress such rebellion, or to enable him to execute such laws, and to issue his orders for that purpose to such officers of the militia as he may think proper. The Militia Act of 1903 (Dick Act of 1903) – Page 776 – Section 4 | 128. The unorganized militia may be called for active duty in case of war, rebellion, insurrection, invasion, tumult, riot, breach of the peace, public calamity or catastrophe, or other emergency, or imminent danger thereof, or may be called forth for service under the Constitution and laws of the United States. Whenever it is necessary to call out any portion of the unorganized militia, the Governor may call for and accept as many volunteers as are required for such service, under regulations provided by this division. (Amended by Stat. 1947, CH. 155.) California Military and Veterans Code 1935 – Section 128 |
Who can be in the Militia
The United States citizenship issue notwithstanding, the militia is composed of able-bodied males who are between 17 and 45 years of age, or under 64 years of age if a former member of the regular Army, regular navy, regular Air Force, or regular Marine Corps.
However, women and able-bodied over age of forty-five is not restricted and have served in the Militia.
§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.
United States Code: The Militia, 10 U.S.C. §§ 311 – Section (a)
§313. Appointments and enlistments: age limitations
(a) To be eligible for original enlistment in the national Guard, a person must be at least 17 years of age and under 45, or under 64 years of age and a former member of the Regular Army, Regular Nave, Regular Air Force, or Regular Marine Corps. To be eligible for re-enlistment, a person must be under 64 years of age.
United States Code – Title 32 National Guard – Section 313 (a)
Who can NOT be in the Unorganized Militia?
Any elected or non elected civil persons, ministers, and the regular Armed Forces or organized Militia.
§312. Militia duty : exemptions.
(a) The following persons are exempt from militia duty:
(1) The Vice President
(2) The judicial and executive officers of the United States, the several States and Territories, Puerto Rico, and the Canal Zone.
(3) Members of the armed forces, except members who are not on active duty.
(4) Custom house clerks.
(5) Persons employed by the United States in the transmission of mail.
(6) Workmen employed in armories, arsenals, and naval shipyards of the United States.
(7) Pilots on navigable waters.
(8) Mariners in the sea service of a citizen of, or a merchant in, the United States.(b) A person who claims exemption because of religious belief is exempt from militia duty in a combatant capacity, if the conscientious holding of that belief is established under such regulations as the President may prescribe. However, such a person is not except from militia duty that the President determines to be noncombatant. (Aug. 10, 1956, ch. 1041, §1, 70A Stat. 15.)
United States Code: The Militia, 10 U.S.C. §§312 – Section (a) (b)
Sec. 2. That the Vice-President of the United States, the officers, judicial and executive, of the Government of the United States, the members and officers of each House of Congress, persons in the military or naval service of the United States, all custom-house officers, with their clerks, postmasters and persons employed by the United States in the transmission of the mail, ferrymen employed at any ferry on a post road, artificers and workmen employed in the armories and arsenals of the United States, pilots, mariners actually employed in the sea service of any citizen or merchant within the United States, and all persons who are exempted by the laws of the respective States or Territories shall be exempted from militia duty, without regard to age: Provided, That nothing in this Act shall be construed to require or compel any member of any well-recognized religious sect or organization at present organized and existing whose creed forbids its members to participate in war in any form, and whose religious convictions of said religious organization, to serve in the militia or any other armed or volunteer force under the jurisdiction and authority of the United States.
The Militia Act of 1903 (Dick Act of 1903) – Page 775 – Section 2
125. The following persons shall be except from military service:
(a) Persons exempt from military service by the laws of the United States.
(b) Regular or duly ordained ministers of religion.
(c) Students preparing for the ministry in recognized theological or divinity schools.
(d) Pilots and mariners actually employed in sea service by a citizen of the United States.The above persons shall not be exempt from enrollment but shall file verified claims for exemption from military service in such forms and manner as the Governor may direct.
(Amended by Stat. 1949, Ch. 536.)