Author Topic: Can I be in the Militia at 50??  (Read 1403 times)

jcllings

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Can I be in the Militia at 50??
« on: July 15, 2018, 08:45:37 PM »
I'm concerned about this. I'm a veteran and former Infantryman with the US Army.  I served during the Cold War.

I'm reading this:

https://www.law.cornell.edu/uscode/text/10/246

To me that reads as if I am disqualified from being in the unorganized (I think they mean self-organized) civilian militia. What bugs me about this is that on the one hand, I'm pretty sure they wouldn't turn away an extra rifle, especially with military experience, should SHTF.  Say, for example, we have to repel foreign invaders tomorrow.  I show up with my rifle and they welcome me with open arms. ...BUT until then I don't have any rights as a militiaman?  That causes an atmospheric disturbance vectoring towards of a herd of Capra aegagrus hircus. (Translation: It blows goats.)
« Last Edit: July 15, 2018, 08:52:17 PM by jcllings »

TexasLawShield

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Re: Can I be in the Militia at 50??
« Reply #1 on: July 27, 2018, 06:11:41 PM »
Jcllings:

This section of the law is certainly antiquated. Militia is generally defined as a force raised from a civilian population in the time of emergency. Its important to separate federal organized militia (National Guard) from state organized militia (State Guard) from unorganized militia (civilian population). In modern times, there are no unorganized standing militias in the United States. There are, of course, civilian organizations dedicated to emergency response that may claim to be militias, but they are not regulated by age limits set in the United States Code. So, it is a kind of misnomer to say that you are denied your right to be a militiaman simply for your age. In the modern era, the age restrictions are for initial enlistment into the armed forces—the US National Guard. Please see 32 USC 313. That section refers to people with prior military experience and if allows reenlistment for those up to 64 years of age. But, the entire point of an unorganized militia is that it is a group of citizens, not controlled by the government, dispatched in an emergency. You are probably right that you and your rifle would not be turned away in the case of an emergency.