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Show ALL Forums  > Missouri  > Yes or No, are you in the State Militia or not?      Home login  
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 LegalWizard
Joined: 5/2/2005
Msg: 1
Yes or No, are you in the State Militia or not?Page 1 of 1    
Since so many POF members are anti-military I just wondered if they knew whether their state laws had regimented them into the military forces of the State when they were not looking?

For instance, as a representative sample, here is the law of the State of Missouri regarding state militia membership:


"State militia, members:
Section 41.050. Revised Statutes of Missouri
The militia of the state shall include all able-bodied citizens and all other able-bodied residents, who, in the case of the unorganized militia and the Missouri reserve military force, shall be more than seventeen years of age and not more than sixty-four, and such other persons as may upon their own application be enrolled or commissioned therein, and who, in the case of the organized militia, shall be within the age limits and possess the physical and mental qualifications prescribed by law or regulations for the reserve components of the armed forces of the United States, except that this section shall not be construed to require militia service of any persons specifically exempted by the laws of the United States or the state of Missouri.


Here is another Missouri state law relating to the state militia; please note how in paragraph 3 below, the "reserve military force" is limited in its composition and scope of their military duties only by the imagination of the Governor.


"Military forces, how organized--oath.

Section 41.080. Revised Statutes of Missouri:

1. The national guard, the air national guard and the naval militia will be organized in accordance with the allocations therefor accepted from the federal government.

2. The national guard, the air national guard and the naval militia shall be organized as prescribed in the tables of organization and instructions applicable to those elements of the organized militia of the United States as are allocated to the state.

3. The reserve military force when organized shall be of the strength and composition prescribed by the governor, and before entering upon such services every member shall take and subscribe to the following oath:

"I, ........., do solemnly swear that I will support and

defend the Constitution of the United States and the state

of Missouri against all enemies, foreign and domestic; that

I will bear true faith and allegiance to the same; that I

will obey the orders of the governor of Missouri and the

officers appointed over me, according to law; and I take

this obligation freely, without any mental reservation or

purpose of evasion, and that I will well and faithfully

discharge my duties as a member of the organized militia of

the state of Missouri upon which I am about to enter, so

help me God."

(RSMo 1939 § 15029, A.L. 1951 p. 654 § 33, A.L. 1953 p. 561)
Prior revisions: 1929 § 13836; 1919 § 7364


So,


(L. 1951 p. 654 § 7)

Accordingly, in the State of Missouri, every able bodied citizen and also every able bodied resident (noncitzens) between the ages of 17 and 64 years of age IS AUTOMATICALLY MUSTERED BY VIRTUE OF LAW INTO THE UNORGANIZED STATE MILITIA.

And this law, which hs been on the books since 1939 with a prior version of the law being enacted in 1929 is in full force and effect.

So, Missourians, whether you knew it or not, if you are a citizen or resident and are able bodied and between the ages of 17 and 64, by virtue of law, you are automatically a constituent part of the millitary forces of the State as a member of the unorganized militia!

Other states have similar laws. Does yours?

And now you know why no one has "cracked down" criminally on the private militia movement in America; the state laws actually mandate universal militia service except for the youths age 16 and younger and also the elderly age 65 and older, and also the disabled persons who are not "able bodied" citizens or residents.

So welcome, one and all, to the state militia.
 writer
Joined: 4/30/2005
Msg: 2
Yes or No, are you in the State Militia or not?
Posted: 7/18/2005 9:53:40 PM
Not me--legally exempt!!
 sctrrdr69
Joined: 12/28/2004
Msg: 3
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Yes or No, are you in the State Militia or not?
Posted: 8/2/2005 6:14:32 PM
I guess you haven't learned to read the half of the sentence that says in the case of unorganized militia and the Missouri reserved militery force........ don't read things into this that isn't there because you can't read.How typically lawyerish
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