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In reply to the discussion: Our new civilian militia [View all]jody
(26,624 posts)5. Thanks. Many DUers are ignorant of state militias and they should not confuse the ones you cite with
a States militia, e.g. Ohio which includes all male and females 17 to 67 years of age.
http://codes.ohio.gov/orc/5923
Chapter 5923: ORGANIZED MILITIA
5923.01 State militia membership - limitation of troops.
(A) The Ohio organized militia consist of all citizens of the state who are not permanently handicapped, as handicapped is defined in section 4112.01 of the Revised Code, who are more than [font color = ff0000 size = 3]seventeen years, and not more than sixty-seven years, of age[/font] unless exempted as provided in section 5923.02 of the Revised Code, and who are members of one of the following:
(1) The Ohio national guard;
(2) The Ohio naval militia;
(3) The Ohio military reserve.
(B) The Ohio national guard, including both the Ohio air national guard and the Ohio army national guard, the Ohio naval militia, and the Ohio military reserve are known collectively as the Ohio organized militia.
(C) The Ohio naval militia and the Ohio military reserve are known collectively as the state defense forces.
(D) The [font color = ff0000 size = 3]unorganized militia[/font] consists of those citizens of the state as described in division (A) of this section who are not members of the Ohio organized militia.
5923.01 State militia membership - limitation of troops.
(A) The Ohio organized militia consist of all citizens of the state who are not permanently handicapped, as handicapped is defined in section 4112.01 of the Revised Code, who are more than [font color = ff0000 size = 3]seventeen years, and not more than sixty-seven years, of age[/font] unless exempted as provided in section 5923.02 of the Revised Code, and who are members of one of the following:
(1) The Ohio national guard;
(2) The Ohio naval militia;
(3) The Ohio military reserve.
(B) The Ohio national guard, including both the Ohio air national guard and the Ohio army national guard, the Ohio naval militia, and the Ohio military reserve are known collectively as the Ohio organized militia.
(C) The Ohio naval militia and the Ohio military reserve are known collectively as the state defense forces.
(D) The [font color = ff0000 size = 3]unorganized militia[/font] consists of those citizens of the state as described in division (A) of this section who are not members of the Ohio organized militia.
More about states' militias at [link:http://www.sgaus.org/|State Guard Association of the United States (SGAUS)
]
ON EDIT ADD
Congress is derelict because it has not performed its duty under Article I, Section 8, Clause 16 with respect to the unorganized militia, (10 USC 311):
To provide for [font color = ff0000 size = 4]organizing, arming, and disciplining, the Militia,[/font] and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
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Thanks. Many DUers are ignorant of state militias and they should not confuse the ones you cite with
jody
Dec 2012
#5
Congress has all the authority it needs for the militia in Article I, Section 8, clauses 15 & 16.
jody
Dec 2012
#9