Thoughts on an Independent Idaho Militia
Article From the August 2000 Idaho Observer: There is no Militia by Hari Heath
Idaho Gun Law (Current as of March 2009.) Thanks to idahoguy84 at opencarry.org for creating this pamphlet.
What I am referring to in this article is not "The Militia" as defined in the Idaho State Constitution - ARTICLE XIV.
CONSTITUTION OF THE STATE OF IDAHO
ARTICLE XIV
MILITIA
SECTION 1. PERSONS SUBJECT TO MILITARY DUTY.
All able-bodied male persons, residents of this state, between the ages of eighteen and forty-five years, shall be enrolled in the militia, and perform such military duty as may be required by law; but no person having conscientious scruples against bearing arms, shall be compelled to perform such duty in time of peace. Every person claiming such exemption from service, shall, in lieu thereof, pay into the school fund of the county of which he may be a resident, an equivalent in money, the amount and manner of payment to be fixed by law.
SECTION 2. LEGISLATURE TO PROVIDE FOR ENROLMENT OF MILITIA.
The legislature shall provide by law for the enrolment, equipment and discipline of the militia, to conform as nearly as practicable to the regulations for the government of the armies of the United States, and pass such laws to promote volunteer organizations as may afford them effectual encouragement.
SECTION 3. SELECTION AND COMMISSION OF OFFICERS.
All militia officers shall be commissioned by the governor, the manner of their selection to be provided by law, and may hold their commissions for such period of time as the legislature may provide.
SECTION 4. PRESERVATION OF RECORDS, BANNERS, AND RELICS.
All military records, banners, and relics of the state, except when in lawful use, shall be preserved in the office of the adjutant general as an enduring memorial of the patriotism and valor of the soldiers of Idaho; and it shall be the duty of the legislature to provide by law for the safekeeping of the same.
SECTION 5. NATIONAL AND STATE FLAGS ONLY TO BE CARRIED.
All military organizations under the laws of this state shall carry no other device, banner or flag, than that of the United States or the state of Idaho.
SECTION 6. IMPORTATION OF ARMED FORCES PROHIBITED.
No armed police force, or detective agency, or armed body of men, shall ever be brought into this state for the suppression of domestic violence except upon the application of the legislature, or the executive, when the legislature can not be convened.
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I am not referring to a local militia that is sanctioned by a city or town. I am not referring to a private militia that is under the control of, or employed by, an organization, company or corporation. What I am referring to in this article is a private, non-sanctioned, independent militia made up of volunteers who have a common set of values and goals.
(Independent militias are often referred to as paramilitary forces. The Merriam-Webster dictionary defines paramilitary as "of, relating to, being, or characteristic of a force formed on a military pattern especially as a potential auxiliary military force.")
What is the purpose of an independent militia?
There are many situations in which an independent militia could be needed:
- Societal breakdown or collapse
- Terrorist attack
- Foreign invasion
- Natural disaster
- Epidemic or Pandemic
In any of these events, if Federal or State authorities are incapable of responding in a timely manner and with sufficient force, an independent militia would have the training, experience and equipment necessary to step in and provide aid while maintaining security and order.
Another reality to consider is that at some point in time, the Federal Government or even an international force under the command of the U.N. or a similar organization, may attempt to deprive American citizens of their God-given and Constitutionally-guaranteed rights. If such an event were to occur, the job of an independent militia would be obvious.
"A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government." ~ George Washington
"No free man shall ever be debarred the use of arms. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." ~ Thomas Jefferson
IS IT LEGAL??
That is a matter of some debate... Based on my research, I believe that organizing and/or being part of such an organization would be legal provided the organization meets the following qualifications:
- The militia must not meet or drill within the borders of a city or town. (I.C. 46-802)
- The militia must not train for or actually engage in any unlawful acts of violence. (I.C. 18-8103)
- Although perhaps not a requirement, an independent militia would be better off describing themselves as a rifle club that teaches and practices self-defense techniques. (I.C. 18-8104)
- Any training in the use of explosives must be for information purposes only as governments see very few, if any, legitimate defensive uses for explosives and "destructive devices."
The key to continued legal operation is to be sure that all activities and training do not include any intent to cause "Civil disorder" which means "any public disturbance involving acts of violence by an assemblage of two or more persons which acts cause an immediate danger of or result in damage or injury to the property or person of any other individual." Defensive training is easily justified, and most "offensive" training can be thought of as having potential defensive uses as well. Clearing rooms, surveillance, reconnaissance, etc. can all be defensive measures if an innocent is in an occupied structure.
In addition to weapons and tactics, many of the potential training areas are not defensive in nature, and classes can easily be conducted without fear of misunderstanding or suspicion.
- Communication - Morse code, shortwave, etc.
- Constructing shelters
- Defensive driving
- First aid
- Flying lessons
- Foraging for food
- Hunting
- Reloading ammunition
- Sanitizing drinking water
- Tracking, Navigation and Cartography
Relevant sections of the Idaho Code:
46-802.Unorganized associations prohibited -- Parades prohibited -- Exceptions.
No body of men, other than the regularly organized national guard, the unorganized militia when called into service of the state, or of the United States, and except such as are regularly recognized and provided for by the laws of the state of Idaho and of the United States, shall associate themselves together as a military company or organization, or parade in public with firearms in any city or town of this state.
No city or town shall raise or appropriate any money toward arming or equipping, uniforming, or in any other way supporting, sustaining or providing drill rooms or armories for any such body of men; but associations wholly composed of soldiers honorably discharged from the service of the United States or members of the orders of Sons of Veterans, or of the Boy Scouts, may parade in public with firearms on Memorial Day or upon the reception of any regiment or companies of soldiers returning from such service, and for the purpose of escort duty at the burial of deceased soldiers; and students in educational institutions where military science is taught as a prescribed part of the course of instruction, may with the consent of the governor, drill and parade with firearms in public, under the superintendence of their teachers. This section shall not be construed to prevent any other organization authorized by law parading with firearms, nor to prevent parades by the national guard of any other state or territory.
18-8101.Purpose.
The legislature recognizes the constitutional right of every citizen to harbor and express beliefs on any subject, to associate with others who share similar beliefs, and to keep and bear arms. It is not the intent, by the provisions of this chapter, to interfere with the exercise of rights protected by the constitutions of the state of Idaho or the United States. The legislature further recognizes and finds that conspiracies and training activities in furtherance of unlawful acts of violence against persons and property is not constitutionally protected, poses a threat to public order and safety, and should be subject to criminal sanctions.
18-8102.Definitions.
As used in this chapter:
(1) "Civil disorder" means any public disturbance involving acts of violence by an assemblage of two (2) or more persons which acts cause an immediate danger of or result in damage or injury to the property or person of any other individual.
(2) "Governmental military force" means the national guard, as defined in section 101(9) of title 10, United States Code; the organized militia of any state or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, not included with the definition of national guard as defined by such section 101(9); and the armed forces of the United States.
(3) "Law enforcement agency" means a governmental unit of one (1) or more persons employed full time or part time by the state or federal government, or a political subdivision thereof, for the purpose of preventing and detecting crime and enforcing laws or local ordinances and the employees of which are authorized to make arrests for crimes while acting within the scope of their authority.
(4) "Peace officer" means any duly appointed officer of a law enforcement agency as defined herein including, but not limited to, an officer of the Idaho state police, department of fish and game, a sheriff or deputy sheriff of a county, or a marshal or police officer of a city.
(5) "Terrorism" means activities that:
(a) Are a violation of Idaho criminal law; and
(b) Involve acts dangerous to human life that are intended to:
(i) Intimidate or coerce a civilian population;
(ii) Influence the policy of a government by intimidation or coercion; or
(iii) Affect the conduct of a government by the use of weapons of mass destruction, as defined in section 18-3322, Idaho Code.
18-8103.Prohibited activities -- Penalties.
Any person who:
(1) Conspires with one (1) or more persons to injure, oppress, threaten or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the constitutions or laws of the United States or the state of Idaho, by the use of violence against the person or property of such citizen; or
(2) Goes on the highway, or on the premises of any citizen, with one (1) or more other persons, with the intent by use of violence against such citizen or his property, to prevent or hinder his free exercise or enjoyment of any right or privilege so secured; or
(3) Assembles with one (1) or more persons for the purpose of training or instructing in the use of, or practicing with, any technique or means capable of causing property damage, bodily injury or death with the intent to employ such training, instruction or practice in the commission of a civil disorder, as defined herein; or
(4) Commits an act of terrorism, as defined in this chapter; or
(5) Conspires with one (1) or more persons to commit an act of terrorism, as defined in this chapter;
shall be guilty of a felony. A violation of subsection (1), (2) or (3) of this section shall be punished by imprisonment in the state prison for a period not to exceed ten (10) years, by a fine not in excess of fifty thousand dollars ($50,000), or by both such fine and imprisonment. A violation of subsection (4) or (5) shall be punished by imprisonment in the state prison for a period of up to and including life imprisonment or by a fine not exceeding fifty thousand dollars ($50,000), or by both.
18-8104.Exclusions.
Nothing contained in this chapter makes unlawful any act protected pursuant to article I, section 11, of the Idaho constitution, or any act of any peace officer which is performed in the lawful performance of the law enforcement officer's official duties. Nothing contained in this chapter makes unlawful any activity of the department of fish and game, any governmental military force, the department of correction, any law enforcement agency, or any activity intended to teach or practice self-defense or self-defense techniques, such as karate clubs or self-defense clinics, and similar lawful activity, or any facility, program or lawful activity related to firearms instruction and training intended to teach the safe handling and use of firearms, or any other lawful sports or activities related to the individual recreational use or possession of firearms, including but not limited to, hunting activities, target shooting, self-defense, firearms collection or any organized activity including, but not limited to, any hunting club, rifle club, rifle range or shooting range which does not include a conspiracy as defined under the laws of this state or the knowledge of or the intent to cause or further a civil disorder.
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