The Scope of this act is to define the right to keep and bear arms for militia.
Terms and Definitions
People – American Nationals, State Residents, Declared Residents and any reciprocal ally of The United States of America or one of the States in The United States of America.
Militia – The able-bodied men or women within each geographic boundary within the metes and bounds of The United States of America, organized into companies, regiments and brigades, with officers of all grades, and required by law to attend military exercises on certain days only, but at other times left to pursue their usual occupations.
Good Cause – causes supported by law or established customary international law or other reciprocal law
Unregulated/unorganized– people of able bodies within the States.
Regulated/organized – Unregulated who, by their agreements, are under the command of one of the States in The United States of America.
Arms – any skill, tool or object without exception, that may be used by any in the performance of any action/activity, relate to this act.
Keep – to acquire arms, and to retain and possess them, without surrendering them.
Bear – to hold in your grasp, to carry or otherwise attach to one self.
Infringe – to break; to violate; to transgress; to neglect to fulfill or obey; to destroy or hinder.
Treason – any attempt to overthrow the government or impair the well-being of a state to which one owes allegiance; the crime of giving aid or comfort to the enemies of one’s government.
Insurrection – treasonous, physically violent revolt against the sovereignty of The United States of America or one of the States in The United States of America.
Foreign – those who are outside of the meets and bounds of The United States of America regardless of their status.
Domestic – those who are within the meets and bounds of The United States of America regardless of their status.
Radical – for the purpose of this act, those who are damaging to the people of The United States of America or one of the States in The United States of America or society thereof, as established by corresponding social compact agreements
NCO – Non-commissioned officer; enlisted rank
SNCO – Senior non-commissioned officer; enlisted rank
States (state) – it signifies a self-sufficient body of persons united together in one community for the defense of their rights. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions.
The several states composing the United States are sovereign and independent, in all things not surrendered to the national government by the constitution, and are considered, on general principles, by each other as foreign states, yet their mutual relations are rather those of domestic independence, than of foreign alienation. Every nation that governs itself, under what form so ever, without dependence on any foreign power, is a Sovereign State, its rights are naturally the same as those of any other state. Such are the moral persons who live together in a natural society, subject to the law of nations.
All definitions are for hereinafter
- Purpose of Militia
- The United States of America shall safeguard the right of every respective State of The United States of America to have and maintain a republic form of government and shall protect each of them against invasion of subversives of the law and radical extremist; and on application of the legislature or of the executive (when the legislature cannot be convened) Law of Nations, treaties, Universal Declaration of Human Rights.
- A regulated and unregulated militia being necessary to the internal security and peace of these free States, the right of the people to keep and bear arms shall never be infringed.
- Function of Militia
- The militia, Regulated or Unregulated, may be called upon to perform as a multi-purpose Task Force in circumstances of emergency service with regard to natural disasters and support services thereof; maintain peace in times of turmoil; maintain continuity of government for the Government of the United States of America or any of the States of the Union; against threats to commerce between the States of the Union
- Inherent Rights of Militia
- In alignment with the law of nations, any of the militia of The United States of America shall exercise the right to bear arms in unlimited capacity in defense of self and country as oath-taker to the Government of The United States of America or to one of the States of the Union.
- Without limitation to specific equipment, any militia may bear, carry, obtain, own any arm that might be considered equipment that a standing militia or army may carry.
- Provisions of Militia
The relations of the Continental Army, militia regulated and unregulated, of the several States, are governed by the provisions of the constitution of that state which pertain to the militia and by the laws of the Government of The United States of America which have been enacted by the General Assembly of the national government of said state, pursuant to the authority conferred by the constitutional provisions of said state. These constitutional provisions as derived from the Law of Nations may be enumerated as follows:
- To provide for calling forth the militia to execute and uphold the laws of the Government of The United States of America and in reciprocity with the state members of the Charter of The American Continent; to suppress insurrections of foreign combatant subversives of the law and repel invasions of foreign militaries and radical extremist that are covertly implementing any ideology opposed to the afore mentioned laws and reciprocal agreements or activity contrary to a republic form of government.
- To provide for organizing, arming, and disciplining the militia; for governing such part of them as may be employed in the service of the Continental Army, reserving to these States, respectively, the appointment of the officers and the authority of training the militia according to the discipline prescribed by of the National Government of the respective states of these States of The United States of America and guided by, and under, the military manual of the Government of The United States of America.
- To make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by the Government of The United States of America and its designee.
- The executive power of the militia in each of the States shall be vested in the Governor of the National Government of this respective State of these States of The United States of America and the office of the Governor for The United States of America.
- The office of the Governor for The United States of America shall be Commander in Chief of the Continental Army, Navy, Marine, air, land and sea of The United States of America and non-combatant friendly’s and of the militias of these respective States when called into the actual service of The United States of America.
- Each State will be responsible as a member-State to implement a recognition of militia measure within each county in their State. If the State fails to adopt this measure for implementation, the Government of The United States of America will have the authority to implement on behalf of the State for purposes of overall security.
- It shall be lawful for the office of the Governor for The United States of America or such person as he empowers through delegation for that purpose, to employ such part of the land, air or naval forces of The United States of America, or of the militias thereof, as shall be necessary to compel any foreign vessel to depart The United States of America in all cases in which, by the laws of nations or treaties of The United States of America, which ought not to remain within The United States of America.
- In case of an insurrection of any foreign subversive of the law or radical extremist in The United States of America and against the Government thereof, it shall be lawful for the Governor, on application of the legislature of this respective State, or of the executive, when the legislature cannot be convened, to call forth such number of the militias of these States, which may be applied for, as he deems sufficient to suppress such insurrection of foreign combatants of subversives of the law or radical extremist; or, on like application, to employ for the same purposes such part of the land, air or naval forces of The United States of America as he deems necessary.
- Whenever insurrection of foreign subversives of the law and or radical extremist, unlawful combinations, or conspiracies in any of these States, so obstructs or hinders the execution of the laws thereof, and of The United States of America, as to deprive any portion or class of the people of such State of any of the rights, privileges, or immunities, or protection named in the respective States constitution and secured by the laws for the protection of such rights, privileges, or immunities, and the constituted authorities of such State are unable to protect, or, from any cause, fail in or refuse protection of the people in such rights, such facts shall be deemed a denial of such State of the equal protection of the laws to which they are entitled under the constitution of the National Government of any respective State of these States of The United States of America, and in all such cases or whenever any such insurrection of foreign subversives of the law, radical extremist, unlawful combination, or conspiracy opposes or obstructs the laws of The United States of America, or the due execution thereof, or impedes or obstructs the due course of justice under the same, it shall be lawful for the office of the Governor for The United States of America, and it shall be his duty, to take such measures, by the employment of the militias or the land, air and naval forces of The United States of America, or of either, or by other means, as he may deem necessary, for the suppression of such insurrection of foreign subversives of the law and or radical extremist , or combination thereof.
- The Regulated militia of The United States of America shall consist of the Continental Army, Navy, Marines, land, sea, and air of The United States of America and of the militias of the several States of the Union when called into the service of The United States of America.
- Definition of Officer Structure shall include, but not be limited to, at least the following and in order or reporting structure:
- Office of the Governor for The United States of America
- Secretary of War for The United States of America; reporting to the office of the Governor for The United States of America
- Assistant Secretary of War for The United States of America; reporting to the Secretary of War for The United States of America;
- Joint Chiefs of Staff (rename this?); reporting to the Secretary of War for The United States of America; consisting of the most senior officer from each of the divisions of the militia; Continental Army, Navy, Marine, air, land and sea of The United States of America and of the militias of these respective States;
- Governor, of each of the States of the Union; reporting to the office of the Secretary of War;
- State Commander; reporting to their State Governor;
- County Commander; reporting to their State Commander;
- Distribution Officer; reporting to their Country Commander;
- Accounting Officer; reporting to their Distribution Officer
- Payroll Officer; reporting to their Accounting Officer
- The Organized Militia comprises the general officers commanding divisions and brigades where such units are organized; the staff corps and departments necessary to provide proper staff officers and enlisted men, viz, an adjutant-general’s department, an inspector-general’s department, a judge-advocate-general’s department, a quartermaster’s department, a subsistence department, a medical department, a pay department, a corps of engineers, an ordnance department, and a signal corps, and such bodies of cavalry, infantry, field artillery, and coast artillery as may be provided by the laws of the State or Territory, or by laws established by the Government of The United States of America.
- Where two or more brigades are organized, such brigades and the other limits of the Organized Militia may be constituted a division, which should be commanded by a major-general or, in case of his absence or disability, by the senior officer of the Une who is present for duty with the division. The staff of a division should consist of officers detailed from the various staff corps and departments as follows:
- One adjutant-general, lieutenant-colonel, adjutant-general’s department.
- One inspector-general, lieutenant-colonel, inspector-general’s
One adjutant-general, lieutenant-colonel, adjutant-general’s department.
- One inspector-general, lieutenant-colonel, inspector-general’s department.
- One judge-advocate, lieutenant-colonel, judge-advocate-general’s department.
- One chief quartermaster, lieutenant-colonel, quartermaster’s department.
- One chief commissary, lieutenant-colonel, subsistence department.
- One chief surgeon, lieutenant-colonel, medical corps.
- One chief engineer, lieutenant-colonel, corps of engineers.
- One chief ordnance officer, lieutenant-colonel, ordnance department.
- One chief signal officer, lieutenant-colonel, signal corps.
- The staff of a division may also include one inspector of small arms
- practice with the rank of lieutenant-colonel.
- Three aids, captains or lieutenants, of the Organized Militia.
- Obligations and Duties of offices and office holders
- Elected Offices
- Appointed Offices
- Office Holders in general
- Material Support
- The sum of fifty million dollars is hereby annually appropriated, to be paid out of any money in the Treasury not otherwise appropriated, for the purpose of providing arms, ordnance stores, quartermaster stores, and camp equipment for issue to the militia, such appropriation to remain available until expended; and all annually appropriated moneys will be recorded properly by distributors and records keeping personnel.
- The aforementioned sums will be so apportioned among the several States and shall be available for the purposes named, for the actual excess of expenses of travel in making the inspections therein provided for over the allowances made for same by law; for the promotion of rifle practice including the acquisition, construction, maintenance, and equipment of shooting galleries and suitable target ranges; for the hiring of horses and draft animals for the use of vehicles, mounted troops, batteries, and wagons; for the training and equipping of personnel with regard to technology; for research and development of new tools; for forage for any/all of the same, and for such other incidental expenses or resources in connection with encampments, maneuvers, and field instruction as may be deemed necessary and accounted for.
- The State Commander of any of the state militias should annually make requests for sufficient funds to meet the needs of the militia.
- Distribution Officers of the state militias who may be furnished under proper authority with funds for the purchase of maintaining the militia.
- Armories shall be established in each of the States of the Union having sufficient control, security, training ground facility(ies), logistics, supply/storage, distribution, and accounting (documented distribution and accounting of funds, material, or other assets owned or assigned to the armory, medical).
- Regarding Private Property; Requisition orders may be provided for the purpose of securing property, private or otherwise, for the effort defined within the purpose of the militia.
- Training and similar educational material, including but not limited to books, electronic media, class rooms, library, reference material will mandatorily include the Training Manual for the Continental Army.
- Appropriate funding, as determined by the State Commander, shall be provided to maintain, improve, and explore technical solutions and improvements with regard to all aspects of the militia.
- Conduct of Militia
- Character/Behavior of an Officer; only men and women of the highest moral character may occupy the rank of officer in any division of the militia; values sought after include, but are not limited to, loyalty, duty, respect, selfless service, honor, integrity, discipline, empathy, and courage;
- Continental Army Justice Procedures
- In House CureIn House proceedings are very much like a summary court-martial, except the commanding officer acts as judge and jury, and the proceedings do not result in a criminal record. Except aboard a ship at sea, military members do not have to accept nonjudicial punishment proceedings.
- Be informed of your right to remain silent.
- Be accompanied by someone to speak on your behalf. However, there is no requirement that a military lawyer be made available to accompany you to the hearing. In fact, most nonjudicial punishment proceedings do not include military attorneys.
- Be informed of the evidence against you relating to the offense.
- Be allowed to examine all evidence upon which the commanding officer will rely in deciding whether and how much nonjudicial punishment to impose.
- Present matters in defense, extenuation, and mitigation, orally, in writing, or both.
- Have witnesses present if they’re reasonably available. A witness is reasonably available if his/her appearance won’t require reimbursement by National Government of a State of the Union or The United States of America, unduly delay the proceedings, or, in the case of a military witness, necessitate his being excused from other important duties.
- Have the proceedings open to the public unless the commanding officer determines that the proceedings should be closed for good cause.
- The commanding officer acts as sole judge and jury. If he/she determines that the accused did commit the offense(s) alleged, then the punishment imposed depends on the rank of the accused and the rank of the commanding officer.
- Request Mast Procedure
- Nonjudicial punishment is often called mast the Navy and office hours in the Marine forces.
- Once a Marine expresses a desire to request mast, all efforts thereafter should be directed toward getting the Marine before the commanding officer to whom the petition is addressed. NCO’s, SNCO’s and Officers subordinate to the Commanding Officer shall not delay the Request Mast process in order to solve the problem themselves, but rather will focus their effort on making the Marine available to the commander. In short, you don’t have to tell anyone why you’re requesting mast (“I respectfully refuse to answer” is a good way to phrase it without being accused of being belligerent). You may also want to inform your immediate superior that attempting to solve your issue “in-house” is actually a violation of the Request Mast order.
- Standard Military Discipline
- Under the Law of Nations are all the conventions and articles that must be in harmony, therefore all actions in a Military Tribunal shall also be in harmony with the Law of Nations. It is an obligation naturally incumbent on that nation, to repair any damage caused by fault of that nation, and especially by that nation’s injustice, are bound to indemnify any injured party for all the losses he or she may have sustained in consequence of said injury, therefore much circumspection is to be used in forming judgements.
- <Define the normal course of justice in the militia>
- Fair Trial Standard
- There have even been considerations of an International Court of Human Rights, together with regional and specialized courts on this subject.[note; 60 Am. J. Int’l. L. J. 68 (1966) The Declaration of Human Rights (19 State Dept Bull. 751) is regarded by US Supreme Court as a pledge by The U.S. to the international community.
Oyama vs ~ California ,332 U.S. 632″(1948); see Hudson, Charter Provisions on Human Rights in American Law, 44 Am. J a m L. J. 543 (1950)]
- This minimum standard, according to the Universal Declaration of Human Rights adopted by the United Nations General Assembly in 1948, includes the following: everyone has the right to life, liberty, and security; freedom from arbitrary arrest; fair and public trial by an independent and impartial tribunal; and that the presumption of innocence applies until proven guilty.
- The right to counsel, trial by jury, prohibition against expos- facto laws, right against unreasonable searches and seizures, privilege against self -incrimination, to a speedy trial, to be informed of the accusation, to have compulsory process and to confront witnesses,
- fair and impartial tribunal;
- accused to know of the charges against him and the evidence against him;
- services of a defense counsel and interpreter;
- full opportunity to present his defense, including the right to call witnesses and produce evidence before the tribunal;
- in the event of conviction, imposition of a sentence which does not outrage the sentiments of humanity,
- The Court must afford It all the judicial guarantees recognized as indispensable by civilized peoples.
- The Civilian Convention refers to a group of victims of war as “protected persons” who are defined in Article 4 as being:
- Persons protected by the Convention are those who, at any given moment and in any manner whatsoever, find themselves, in case of conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals,
- Nationals of a State which is not bound by the Convention are not protected by it. Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals have normal diplomatic representation in the State into the hands they are, in general, the Civilian Convention includes within its ambit two main groups: anyone who is not a national of:
- the Party to the conflict or
- Occupying Power into whose hands he falls
- War Crimes
- Common to the four Conventions are the following criminal acts included within the grave breach definition: willful killing, torture or inhumane treatment, including biological experiments and willfully causing great suffering or serious injury to body or health, willfully depriving a person entitled to the Convention in question of the sights of fair and regular trial prescribed in the particular Convention, and extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly.
- The list of the crime of compelling a prisoner of war to serve in the armed forces of the hostile Power, the unlawful deportation or transfer or unlawful confinement of a protected person is added by the Geneva Convention, which also includes within the grave breach definition compelling a protected person ‘to serve in the armed forces of a hostile power, the taking of hostages.
- Although the resort to war is generally prohibited by the Charter of the United Nations, it is exceptionally permitted as an enforcement measure taken by or on behalf of the United Nations and/or as a measure of individual or collective self-defense. However, the distinction must be made between the resort to war and the conduct of war. Whether the resort to war is lawful or unlawful, the conduct of war is regulated by the system of rules known as the laws (or rules) of war. These laws regulate the conduct of war on land, at sea, and in the air. The laws of war are designed to control and mitigate the harmful effects of war by extending, during time of war, at least a minimum standard of protection to combatants and noncombatants and to all individuals who come under the control of the belligerents. These laws are also helpful in regulating the transition to peace at the conclusion of active hostilities.
- Punishment of War Crimes Under International Law
- a. GENERAL.Belligerent states have the obligation under customary international law to punish their own nationals who violate the laws of war and the right to punish enemy nationals, whether members of the armed forces or civilian persons, who fall under their control.
- SPECIAL DEFENSES TO CHARGES OF WAR CRIMES UNDER INTERNATIONAL LAW
- Defense of Superior Orders. The fact that a person acted pursuant to order of his government or of a superior does not relieve him from responsibility under international law but may be considered in mitigation of punishment. To establish responsibility the person must know, or have reason to know, that an act he is ordered to perform is unlawful under international law. In addition, if an act, though known to the person to be unlawful at the time of commission, is performed under duress, this circumstance may be taken into consideration either by way of dense or in mitigation of punishment.
- Responsibility of Commanding Officers. Commanding officers are responsible for illegitimate acts of warfare performed by subordinates when such acts are committed by order, authorization, or acquiescence of a superior. The fact that a commanding officer did not order, authorize, or acquiesce in illegal acts of warfare committed by subordinates does not relieve him from responsibility, provided it is established that the superior failed to exercise his authority to prevent such acts and, in addition, did not take reasonable measures to discover and stop offenses already perpetrated.
- Acts Legal or Obligatory Under National Law. The fact that national law does not prohibit an act which constitutes a war crime under international law does not relieve the person who committed the act from responsibility under international law. However, the fact that an act which constitutes a war crime under international law is made legal and even obligatory under national law may be considered in mitigation of punishment.
- Military Justice in the Case of War Crimes by a Nation’s Own Military Force(s)
- There are conditions that may exist whereby a war tribunal would perform their function or try a case privately due to national security concerns. This is referred to as a Confidential War Crime Tribunal.
- Use of a Confidential War Crime Tribunal is not to deny that there is a class of individuals who may be tried in appropriate war crime tribunals. Persons captured by the militia forces as part of an armed conflict have traditionally been subject to military jurisdiction under the laws of war. This principle is well established, but it has long coexisted with the complementary principle that only individuals who are properly subject to military jurisdiction under the laws of war may be so tried.
- — should be some checks and balances on this matter —
This section is material that may be worked into the Act but may be held until to a follow-up Act.
Beginning of Content
In the event of an actual war and not limited to the following: war as of air, land, sea, biological, neurological, silent wars, war of nutrition, economic warfare, cultural warfare, war from the skies, or any war morally inhumane wherein all States are equally responsible and apportioned.
that may be used to deter any attack or employed an offense of a means of a defensive strategy. Any civilian may carry any weapon a standing militant carries.
in accord with the Law of Nations and the Universal Declaration of Human Rights
In no fashion, manner, or way may you violate, break, or tread on this human right.
Arming and equipment for militias accounting for the people.
Active militia, inactive militia, exempt
[ Below is an extract form the 1910 Militia Act]
- The militia consists of
(a) Every able-bodied American National or State resident of the respective States who is more than eighteen and less than forty-five years of age;
(6) Every able-bodied male of foreign birth who has declared his intention to become a citizen and who is more than eighteen and less than forty-five years of age. (Sec. 1, militia law, as amended.) The militia is divided into two classes
(a) The Organized Militia, to be known as the National Guard of the State, Territory, or the District of Columbia, or by such other designation as may be given them by the laws of the respective States and Territories, consisting of the regularly enlisted and uniformed
active militia of the several States and Territories and the District of Columbia that is organized as a land force and has hereto.
- Officers who areauthorized by State laws for the staffs of governors, but who do not form an integral and proper part of one of the staff corps or departments mentioned in the preceding paragraph, or of the line of the Organized Militia, are not considered a part of suchOrganized Militia in so far as the benefits conferred by section 1661, Revised Statutes, as amended, or the act approved January 21, 1903, as amended, are concerned; nor are they considered in determining whether or not the organization of t he
Organized Militia conforms to that prescribed for the Regular Army
of the United States.
A regiment of infantry should consist of
Adjutant (captain) 1
Quaitermaster (captain) 1
Commissary (captain) 1
Color sergeants 2
.Band, 28 enlisted.
Total enlisted (minimum) 732