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Thread: PA Militia?

  1. #141
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    Default Re: PA Militia?

    Quote Originally Posted by SteelCityK9Cop View Post
    Next County Emergency Management Meeting I go to I will ask who the militia reports to during a disaster... I'll let you know if I get blank stares or laughed at.
    They answer to their elected officer.
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

  2. #142
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    Default Re: PA Militia?

    Quote Originally Posted by GeneCC View Post
    Kind of became moot after the Dick Act (Militia Act of 1903). The Congress created an organized militia. http://en.wikipedia.org/wiki/Militia_Act_of_1903

    Sometime during the Reagan Administration National Guardsmen were sent to Honduras. They were building roads and camps for the Nicaraguan Resistance. Some of the Guard units came from States who had Democratic Governors. These Governors opposed Reagan's foreign policy. They sued Reagan to stop the deployments. The case went up to the Supreme Court. Reagan won.

    The National Guard could be considered just another branch of the US Military. Except we don't call it that.
    Right. The issue during the Reagan admin was that he "federalized" those Guard units which is within the purview of the CIC which is why SCOTUS ruled the way they did.

    But the Dick Act of 1903 also recognized the unorganized militia.

    There doesn't seem to be any example of activating the unorganized militia since WW2.

  3. #143
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    Default Re: PA Militia?

    Quote Originally Posted by SteelCityK9Cop View Post
    Next County Emergency Management Meeting I go to I will ask who the militia reports to during a disaster... I'll let you know if I get blank stares or laughed at.
    More than half of the states has various militia activation SOP. And militia is recognized there on the state level. Pennsylvania, however, does not. Ironically, Jersey - does. Hence your question will be moot. However, I will definitely ask my contact in county Emergency Management. Just to observe his reaction.
    Je suis déplorable

  4. #144
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    Default Re: PA Militia?

    Quote Originally Posted by Metz View Post
    More than half of the states has various militia activation SOP. And militia is recognized there on the state level. Pennsylvania, however, does not. Ironically, Jersey - does. Hence your question will be moot. However, I will definitely ask my contact in county Emergency Management. Just to observe his reaction.
    I'm serious... I will ask as well and let y'all know.

  5. #145
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    Default Re: PA Militia?

    Quote Originally Posted by SteelCityK9Cop View Post
    I'm serious... I will ask as well and let y'all know.
    I'm serious too. Militia is not recognized in PA on legislative level, IIRC, which means there is no rhyme or reason to have activation protocols for something, that doesnt exist.
    Je suis déplorable

  6. #146
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    Default Re: PA Militia?

    Quote Originally Posted by GunLawyer001 View Post
    I cover this in my Firearms Law Workshops.

    PA's law does NOT prevent you from forming your own militia, training with weapons, or otherwise preparing for zombies and Cuban paratroopers.

    What it DOES prohibit is training with bombs and weapons for the purpose of facilitating a civil disorder.

    (b) Prohibited training.--

    (1) Whoever teaches or demonstrates to any other person the use, application or making of any firearm, explosive or incendiary device or technique capable of causing injury or death to persons, knowing or having reason to know or intending that same will be unlawfully employed for use in, or in furtherance of, a civil disorder commits a misdemeanor of the first degree.
    (2) Whoever assembles with one or more persons for the purpose of training with, practicing with or being instructed in the use of any firearm, explosive or incendiary device or technique capable of causing injury or death to persons, said person intending to employ unlawfully the same for use in or in furtherance of a civil disorder commits a misdemeanor of the first degree.

    Thank you for the succinct clarification. It seems quite a reasonable law from my point of view.

  7. #147
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    Default Re: PA Militia?

    Title 51, Military Affairs

    § 301. Formation.

    (a) Pennsylvania militia.--The militia of this Commonwealth shall consist of:

    (1) all able-bodied citizens of the United States and all other able-bodied persons who have declared their intention to become citizens of the United States, residing within this Commonwealth, who are at least 17 years six months of age and, except as hereinafter provided, not more than 55 years of age; and

    (2) such other persons as may, upon their own application, be enlisted or commissioned therein.

    (b) Pennsylvania naval militia.--The naval militia of this Commonwealth, when organized pursuant to rules and regulations promulgated by the Governor, shall consist of those persons as may, upon their own application, be enlisted or commissioned therein.

  8. #148
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    Default Re: PA Militia?

    Quote Originally Posted by Metz View Post
    I'm serious too. Militia is not recognized in PA on legislative level, IIRC, which means there is no rhyme or reason to have activation protocols for something, that doesn't exist.
    The General Assembly does not need to spell out how a militia is formed. It has listed who is included. How units are formed falls under hundreds of years of Common Law & Tradition. In Pennsylvania it is normally pastors, teachers & judges who put out a call to arms, and then present the Unit to the Governor. Although not a book about the Commonwealth Militia, there is a good book Damn Dutch: Pennsylvania Germans at Gettysburg & covers a number of units that originated in Pennsylvania Federal, Commonwealth & Militia.

    http://www.legis.state.pa.us/cfdocs/...sInd=0&act=192

    Links to the Commonwealth's updated code of military justice. You well note that throughout it specifies that both the National Guard & Militia are subject to PACMJ. The update is a shame IMO, because it brings up much more into line with the Federal UCMJ when on State orders...

    Statkowski's reference to Title 51: Title 51 also details that all members of the militia can be drafted into the national guard at the direction of the Governor.
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

  9. #149
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    Default Re: PA Militia?

    Quote Originally Posted by knight0334 View Post
    Something to note - paramilitary training is ILLEGAL in PA. Private organizations that are not formally sanctioned by the State are NOT the militia. Those "militias" in reality are just gun clubs, and a great deal of them venture into illegal activities, ethnic hate, and/or insurrection.

    1. Every one of us are members of THE militia.
    2. The last time that I can remember PA calling militia members to muster was before 1903.
    3. meh...
    4. Only if PA re-institutes the militia again.
    5. As a member of the militia you are expected to provide your own arms, similar to those in current use by the military.
    6. The only half-recognized "militia" in PA is the "PA State Defense Force" http://www.pastatedefenseforce.com/ ....background checks are required, guns are NOT the focus of this group, you will typically be unarmed. And from what I understand, you will not be trained with guns or allowed to possess them during musters, and the only times they will allow guns is when the Governor or another authorized official has called forth the militia.

    Your signature says that you are USN(retired). ...you would have received more "militia" training in bootcamp than you'll legitimately receive with any half-assed gun club.
    rganizations goal is to become a recognized State Guard. We are not a Militia, we are an unarmed uniformed organizaation. A recognized State Defense Force follows guidance from the State Guard Association of the US and falls under State Government and the National Guard. Presently our capabilities are focused on Search & Rescue. As we grow our intent is to become a State Guard Organization. Link to the State Guard Association of The United States http://www.sgaus.org/ This will give you a better understanding of what we are looking to do with this unit.
    The PASDF is looking for members to join. We conduct training on a monthly basis, once a month on a designated Saturday and or Sunday, and at times respond and assist in missing persons searches or disaster relief . The organization is structured under a military type uniformed program. The age limits are 15 to 17 with parental consent and 18 – 70 for adults. For adult members there is a background check required. Anyone can join. There is no obligation or contract, other than the training we do once a month and your availability for a search in support of others in need. We are looking for retired military, prior service, any branch is welcomed. Members of the community with no experience who want to be a part of this organization. Members of the police, fire, ambulance, etc. All are welcome. To join e-mail your contact information to george.karelas@pasdf.us or submit your request through our contact page.
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

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