You're in the NJ Militia!

[Bob B 103]

Congratulations, if you're between 17 and 45, you're in the NJ unorganized Militia. Take a look...

 

 

38A:1-2. Composition of militia

38A:1-2. Composition of militia

 

The militia, except as hereinafter provided, shall consist of all able-bodied citizens of this State and all other able-bodied persons residing in this State who have made a legal declaration of intent to become citizens of the United States, who are at least 17 years of age and, except as hereinafter provided, not more than 45 years of age, and such other persons as may upon their own application be enlisted or commissioned therein in accordance with federal or State law and regulations.

 

38A:1-3. Classes of militia

The classes of the militia are:

 

(a) The organized militia, which consists of the National Guard, the Naval Militia and the State Guard; and

 

(b) The unorganized militia, which consists of the members of the militia who are not members of the organized militia.

 

L.1963, c. 109.

 

38A:2-1. Governor to be commander-in-chief

 

The Governor, or other person administering the government, shall be the commander-in-chief of the militia of this State, except as to any part thereof called or ordered into Federal service.

 

L.1963, c. 109.

 

38A:2-3. Proclamation of martial law

 

Whenever the militia, or any part thereof, is employed in aid of civil authority, the Governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation, declare any county or municipality, or part thereof, in which the troops are serving to be subject to martial law.

 

L.1963, c. 109.

 

38A:2-4. Militia ordered to active duty in certain cases

 

The Governor may, in case of insurrection, invasion, tumult, riot, breach of the peace, natural disaster, or imminent danger to public safety, order to active duty all or any part of the militia that he may deem necessary. He may maintain such forces on such active duty until the exigencies shall have passed.

 

L.1963, c. 109.

 

Implications?

[GoNRA 12]

Congratulations, if you're between 17 and 45, you're in the NJ unorganized Militia. Take a look...

 

 

38A:1-2. Composition of militia

38A:1-2. Composition of militia

 

The militia, except as hereinafter provided, shall consist of all able-bodied citizens of this State and all other able-bodied persons residing in this State who have made a legal declaration of intent to become citizens of the United States, who are at least 17 years of age and, except as hereinafter provided, not more than 45 years of age, and such other persons as may upon their own application be enlisted or commissioned therein in accordance with federal or State law and regulations.

 

38A:1-3. Classes of militia

The classes of the militia are:

 

(a) The organized militia, which consists of the National Guard, the Naval Militia and the State Guard; and

 

(b) The unorganized militia, which consists of the members of the militia who are not members of the organized militia.

 

L.1963, c. 109.

 

38A:2-1. Governor to be commander-in-chief

 

The Governor, or other person administering the government, shall be the commander-in-chief of the militia of this State, except as to any part thereof called or ordered into Federal service.

 

L.1963, c. 109.

 

38A:2-3. Proclamation of martial law

 

Whenever the militia, or any part thereof, is employed in aid of civil authority, the Governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation, declare any county or municipality, or part thereof, in which the troops are serving to be subject to martial law.

 

L.1963, c. 109.

 

38A:2-4. Militia ordered to active duty in certain cases

 

The Governor may, in case of insurrection, invasion, tumult, riot, breach of the peace, natural disaster, or imminent danger to public safety, order to active duty all or any part of the militia that he may deem necessary. He may maintain such forces on such active duty until the exigencies shall have passed.

 

L.1963, c. 109.

 

Implications?

 

I don't understand that part.

[GRIZ 3,369]

This mimics 10 USC 311 which makes all males 17 to 45 members of the unorganized militia under federal law. It also defines who is expempt from militia service.

 

Implications? Realistically, none. Since the Civil War there has been very few activations of state militias.

[Bob B 103]

It's a pretty tough sell to require folks to be in the unorganized militia, but not permit them to own or practice with military style (aka "assault") firearms.

 

I have heard and read many times what the founding fathers intended by the term "a well regulated militia," but I have always understood it as well supported theory. I was surprised to see it as a statute in NJ.

 

I can't wait until I'm sitting with my legislators again. I'm going to enjoy challenging them on this one. Either repeal the AWB or repeal the militia statute, you can't have both. Let them gnaw on that one!

[KpdPipes 388]

Congratulations, if you're between 17 and 45, you're in the NJ unorganized Militia. Take a look...

 

 

38A:1-2. Composition of militia

38A:1-2. Composition of militia

 

The militia, except as hereinafter provided, shall consist of all able-bodied citizens of this State and all other able-bodied persons residing in this State who have made a legal declaration of intent to become citizens of the United States, who are at least 17 years of age and, except as hereinafter provided, not more than 45 years of age, and such other persons as may upon their own application be enlisted or commissioned therein in accordance with federal or State law and regulations.

 

38A:1-3. Classes of militia

The classes of the militia are:

 

(a) The organized militia, which consists of the National Guard, the Naval Militia and the State Guard; and

 

(b) The unorganized militia, which consists of the members of the militia who are not members of the organized militia.

 

L.1963, c. 109.

 

38A:2-1. Governor to be commander-in-chief

 

The Governor, or other person administering the government, shall be the commander-in-chief of the militia of this State, except as to any part thereof called or ordered into Federal service.

 

L.1963, c. 109.

 

38A:2-3. Proclamation of martial law

 

Whenever the militia, or any part thereof, is employed in aid of civil authority, the Governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation, declare any county or municipality, or part thereof, in which the troops are serving to be subject to martial law.

 

L.1963, c. 109.

 

38A:2-4. Militia ordered to active duty in certain cases

 

The Governor may, in case of insurrection, invasion, tumult, riot, breach of the peace, natural disaster, or imminent danger to public safety, order to active duty all or any part of the militia that he may deem necessary. He may maintain such forces on such active duty until the exigencies shall have passed.

 

L.1963, c. 109.

 

Implications?

 

I don't understand that part.

It dates from 1776, the same time as the NJ state Constitution... Two days BEFORE the Signing of the Declaration of Independance. Since they left RKBA out of the Constitution All I can assume is that the State founders assumed it was such a basicright that it didnt need to be ennuerated...obviously they were not prescient to what would come to pass here.

[BRaptor 68]

The transcripts of NJ's 1947 constitutional convention (which is when NJ's Constitution was re-written) includes a discussion about the RKBA. It turns out, a committee considered whether it should be added to the state constitution. The recorded testimony before the entire committee was with the head of the committee testifying that the committee considered the topic fully and considers the RKBA a civil right; one of the rights of the citizens.

 

 

http://www.njstatelib.org/NJ_Informatio ... 1n305.html

MR. VAN ALSTYNE: Judge Stanger, that point was raised in committee and I can tell you that the committe unanimously felt - there are a number of lawyers on our committee - that the right to bear arms was a civil right. That is very definitely one of the rights of citizens. We therefore did fully cover the situation.

 

A more extensive write-up of how the Constitutional COnvention of 1947 viewed the PEOPLE'S right to KBA can be found at:

 

http://www.njstatelib.org/NJ_Informatio ... 5n347.html

 

[Bob B 103]

The transcripts of NJ's 1947 constitutional convention (which is when NJ's Constitution was re-written) includes a discussion about the RKBA. It turns out, a committee considered whether it should be added to the state constitution. The recorded testimony before the entire committee was with the head of the committee testifying that the committee considered the topic fully and considers the RKBA a civil right; one of the rights of the citizens.

 

 

http://www.njstatelib.org/NJ_Informatio ... 1n305.html

MR. VAN ALSTYNE: Judge Stanger, that point was raised in committee and I can tell you that the committe unanimously felt - there are a number of lawyers on our committee - that the right to bear arms was a civil right. That is very definitely one of the rights of citizens. We therefore did fully cover the situation.

 

A more extensive write-up of how the Constitutional COnvention of 1947 viewed the PEOPLE'S right to KBA can be found at:

 

http://www.njstatelib.org/NJ_Informatio ... 5n347.html

 

 

Thanks for the links! I have done a lot of reading and research, but never came across that.

 

I am wondering if anyone has challenged the AWB based on RKBA as it relates to being a member of the unregulated militia. Since NJ has a militia statute, it seems like that would be a good foundation for a lawsuit. :techie-studyingbrown:

[GoNRA 12]

So let me get this straight, you can create an unorganized militia per NJ Constitution? is there applications to create one? what are the rules concerning unorganized militias? or are they just saying the people of the state are all considered unorganized militias?

[Bob B 103]

So let me get this straight, you can create an unorganized militia per NJ Constitution? is there applications to create one? what are the rules concerning unorganized militias? or are they just saying the people of the state are all considered unorganized militias?

 

The latter -- all able bodied people 17 to 45 are the unorganized militia, able to be called up by the Governor, or the Federal Gov't.

 

...and you can't have and train with the Army's standard issue rifle. :handgestures-salute:

[Dewhitewolf 8]

During Whitman's administration, people got together to revive the NJ Naval Militia, which Whitman approved and even provided funding for.

 

Most of its initial members were either active or retired military and LEO's, but many who joined were average civilians (one member was a college professor).

 

It was not an armed agency, only extra eyes and ears to patrol the shore. They reported suspicious activity to the Coast Guard and State Police, with whom they had a cooperative relationship.

 

On 9/11, they helped transport state and federal officials back and forth from NY and NJ. After 9/11, McGreevey ordered the NJNM disbanded, because he couldn't appoint its leadership.

[Guest]

We should push Chrispy to do it... too bad NJ has big fish to fry right now...