Irregulars and Militias - Are Militias Legal in the State of Texas?

 

By T. F. Stern 

(Image: The Concord Minute Man of 1775, a monument created by Daniel Chester French)

The most uncomplicated definition of Militia – military force composed of ordinary citizens.

The question has been asked, “Are Militia groups legal in the State of Texas”?

From 1903 to present, following the Militia Act of 1903, the Texas Militia is legally empowered by Title 32 of the United States Code and Article 4, Section 7 of the Constitution of the State of Texas to “execute the laws of the state, to suppress insurrections, and to repel invasions”.

Wikipedia addressed the topic of Unorganized Reserve Militia as follows:

“Militias thus can be either military or paramilitary, depending on the instance. Some of the contexts in which the term “militia” can apply include: forces engaged in a defense activity or service, to protect a community, its territory, property, and laws, the entire able-bodied population of a community, town, county, or state available to be called to arms…

a private (non-governmental) force not necessarily directly supported or sanctioned by its government,

an irregular armed force that enables its leader to exercise military, economic, or political control over a subnational territory within a sovereign state, an official reserve army composed of citizen soldiers known as the militsiya, a select militia composed of a small, non-representative portion of the population…

The definition is wide open for interpretation; however, that one line, “a private (non-governmental) force not necessarily directly supported or sanctioned by its government”, leaves such an interpretation up to the individual rather than leaving that interpretation up to the government.

Wikipedia went on to include:

“Within the United States, since approximately 1992, there have been a number of private organizations that call themselves militia or unorganized militia.  In states such as Texas, the state constitution classifies male citizens between the ages of 17 and 45 to belong to the “Unorganized Reserve Militia”.  The Texas constitution also grants the county sheriff and the governor of the state the authority to call upon the unorganized reserve militia to uphold the peace, repel invasion, and suppress rebellion, similar to the early “Texas Rangers”.”

It should be noted that the age limitation mentioned as 17 to 45 represent those individuals who can be drafted according to the mandates of the Governor of the State of Texas; however it does not preclude the involvement of individuals who are younger than 17 or older than 45 from being able to serve voluntarily if they so desire.

Other points of interest brought out through further links provided include the following statement:

“Most militia organizations envisage themselves as legally legitimate organizations authorized under constitutional and statute law, with reference to state and federal law of an “unorganized militia”.  Others subscribe to the “insurrection theory” which describes the right of the body politic to rebel against the established government in the face of tyranny. (In the 1951 case Dennis v. United States, the U.S. Supreme Court rejected the insurrection theory, stating that as long as the government provides for free elections and trials by jury, “political self-defense” cannot be undertaken.)”

Bare in mind that much of the article related to militia groups focused on those groups formed to respond against government tyranny, real or perceived rather than on citizen groups organized to maintaining law and order being threatened by domestic terrorists such as Antifa and/or BLM thugs.

So…If a group of local citizens living in a small community organized themselves into an Unorganized Militia for the purpose of defending their lives and property from those who would violate the laws of the State of Texas, such a non-sanctioned group would be within their Second Amendment Rights as protected by our Constitution’s Bill of Rights. Since their militia does not fall into the “insurrection theory” aspect by definition alluded to in the above paragraph, that portion does not apply (even though the Supreme Court got that one wrong; but that’s a whole other article).

The Lone Star Watchmen Militia is by definition an "unorganized militia" group in Texas which apparently fits the legal parameters which other communities might consider as they work to protect each other’s lives and property.  The following was copied from their website:

“Lone star Watchmen is a Texas Mutual Defense Group. We are Second Amendment based (first and foremost) and are sworn supporters of the United States Constitution and the Texas Constitution. 

Our Mission is clearly defined as providing for the protection and survival of our families, communities and ultimately Texas through medical, tactical support/security and survival training.

First and foremost we are your average American citizens. We are your citizen soldiers who are always ready to serve.  We are doctors and lawyers; firemen, EMT and police; teachers and tradesmen; retirees and young families like everyone else in your local community.  We come together as a group united by our moral beliefs, and our loyalty to our Constitution and Texas. We live by and support what the Constitution of the United States and the Bill of Rights decrees.

We are not revolutionaries. We are not a hate group. We are not Anti-Government. We are, however, in favor of promoting education and resources for the protection against Tyranny and the corruption of Government officials, bad and unconstitutional legislation.

The word Militia has been linked to many negative groups in the past so now is a good time to learn the truth. 

We are not a militia- because you are already a part of the Militia.

Everyone is welcome regardless of age, race, religion, gender or political affiliation provided you believe in our great country and the Constitution being the supreme law of our land. We are a diverse group of ordinary citizens with a love for our Country and for Texas. We promote the Constitution as a way of life and the only medium for our lives.  Our forefathers fought for us to have this Constitution, and we will carry the torch of liberty they lit for us and our future generations."

That should be enough information to validate the legality of forming a militia group as long as their stated purpose is to uphold the Constitution and Laws of the State of Texas.