The Arizona Sentinel

July 1, 2011

North Carolina Governor Signs Militia Law. Will Other States Follow?

Filed under: My Posts — Tags: , , — thearizonasentinel @ 12:37 pm


States across America are coming around to the realization that a strong State Militia will be necessary going forward. My hats off to the North Carolina Governor for signing this legislation. 

“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”

NC Governor signs Militia Law

The Founders understood what a militia was. So, too, does North Carolina. And now they’ve made it official..

Do you live in North Carolina? Did you know that you are a member of the Militia? The Governor of North Carolina recently signed House Bill 250, which updated the laws that govern the Militia of North Carolina.

In North Carolina, the Militia is composed of several bodies. First, the North Carolina National Guard

§ 127A‑3. Organized militia; National Guard.

The North Carolina National Guard, both , Army and Air, shall consist of regularly commissioned, warrant and enlisted personnel within the age limits established by regulations promulgated by the secretary of the appropriate service and shall be organized, governed, armed, equipped and have such the duties and responsibilities as hereinafter .provided in this Chapter.

Second, the Naval Militia

§ 127A‑4. Organized militia; naval militia.

The naval militia shall consist of regularly commissioned, warrant and enlisted personnel between such ages as may be within the age limits established by regulations promulgated by the secretary of the appropriate service and shall be organized, governed, armed, equipped and havet  the duties and responsibilities provided in this Chapter.

Third, the “State Defense Militia” which is an organized militia not subject to federal call up.

§ 127A‑5. Organized militia; State defense militia.

The State defense militia shall consist of commissioned, warrant and enlisted personnel called, ordered, appointed or enlisted therein by the Governor under the provisions of Article 5 of this Chapter and shall be organized, governed, armed, equipped and have  the duties and responsibilities,provided in this Chapter.

Fourth, the “Historic Military Commands” which sound interesting, but I don’t know anything about.

§ 127A‑6. Organized militia; historic military commands.

Historic military commands are those historic groups which remain active by meeting at least once a month and which follow military procedures. Only groups designated by the Governor shall fall within this branch of the militia. Any maximum age limits prescribed by this Chapter do not apply to members of historic military commands.

And finally, the Unorganized Militia.

§ 127A‑7. Composition of unorganized militia.

The unorganized militia shall consist of all other able bodied citizens of the State and of the United States and such all other able‑bodied persons who have or shall declare their intention to become citizens of the United States, who shall be at least 17 years of age, except those who have been convicted of a felony or discharged from any component of the military under other than honorable conditions.

You can see from the quoted paragraph that some changes were made to the law governing the Unorganized Militia. This should tell you that if something else was intended, they could have very easily changed it. Unfortunately for those anti-gun types who dispute that the Militia exists, and that it includes much more than the National Guard, this law confirms that each and every able bodied adult citizens of North Carolina, minus a few exceptions, are members of the Militia. Note carefully that it does not restrict militia membership to men. That means that women are also members of the NC Militia. Yay equality!

The Governor can call the militia if she wants to.

§ 127A‑88. Manner of ordering out unorganized militia.

The Governor shall, when ordering out the unorganized militia, designate the number.  The Governor may order them out either by calling for volunteers or by draft.  The Governor may attach them to the several organizations of the North Carolina National Guard, the State defense militia or naval militia, as may be best for the service.

§ 127A‑89. Draft of unorganized militia.

If the unorganized militia is ordered out by draft, the Governor shall designate the persons in each county to make the draft, and prescribe rules and regulations for conducting it.

§ 127A‑90. Punishment for failure to appear.

Every member of the militia ordered out for duty, or who shall volunteer or be drafted, who does not appear at the time and place ordered, shall be liable to punishment as So if the word goes out and you don’t show up as ordered, you get a Court Martial. The Governor doesn’t need to worry about me. If the State is in such a bad bind that I would be considered more of a help than a hindrance, I’ll show up.

There’s even a section where the State will promote marksmanship.

§ 127A‑91. Promotion of marksmanship.

The Adjutant General is authorized to detail a commissioned officer of the North Carolina National Guard or member of the State defense militia to promote rifle marksmanship among the State defense militia and the unorganized militia of the State.  The officer or member so detailed shall serve without pay and it shall be the duty of the officer or member to organize and supervise rifle clubs in schools, colleges, universities, clubs and other groups, under  rules and regulations  prescribed by the Adjutant General shall prescribe and in  a manner  that will make them, when duly organized, acceptable for membership in the National Rifle Association. Provided, that  these duties and efforts shall in nowise interfere or conflict with clubs of schools or units operating in R.O.T.C. Reserve Officers’ Training Corps or similar schools under the supervision ofinstructors of the Armed Forces of the United States.


  1. This is a violation of the Common Law, because the militia (or posse comitatus) is under the authority of the county sheriff, not the governor. The governor can call up the militia in time of emergency, but the sheriff has the responsibility to maintain militia rolls and hold militia musters.


    Comment by MikeH — November 16, 2011 @ 3:28 pm

    • POSSE COMITATUS was repealed twice, once in the PATRIOT act and the last time in the obama healthcare bill. and it is NOT the militia, It is the military
      (active duty) that is bound by posse comitatus, the Guard can still perform martial law duties when ordered. a militia muster can be performed by any “commander” of the designate unit, I would assume the Sherrif would end up being similar to a Batallion commander or a brigade commander depending on who joins.

      I’m in the Guard, I’m also an MP, so Ik about Posse commitatus.


      Comment by Arin Davidson — November 17, 2011 @ 12:07 am

    • POSSE COMITATUS is the law by which the active duty military cannot perform martial law duties on American soil. the Militia is not bound by it, that is at the discretion of the Governor.

      Liked by 1 person

      Comment by Arin Davidson — November 17, 2011 @ 12:08 am

  2. I dunno about this… seems like it’s giving this Governor too much control over the people… this same governor who weeks ago suggested we delay elections so her party could continue destroying the nation.
    I don’t like this as much as I should… maybe it’s because as a solder who worked for this government, I know the evil it can do… this just looks like a setup for something horrific.


    Comment by EricX — November 11, 2011 @ 10:52 pm

    • I agree this gives the Governor too much authority and control. By no means should any person be involuntarily assigned to a militia and then subjected to a court martial for no show. I agree that it looks appealing for those who want less gun control but then again it is unconstitutional to begin with to impede Americans to protect themselves! It does sound like a set up of some kind….now if the NC Governor enacts and decides to go against the federal government and deploys the unorganized militia, the citizens of NC have no choice. This would in fact be a form of genocide! The federal government has weapons that can sever limbs from miles away and weapons that most people do not even dream they have!!! Get real if the US is attacked and any one state is left I am sure that AMERICANS will act themselves to protect and defend this great country! I believe in the right to bear arms! Whether it be to protect yourself from a single intruder or person who threatens your life ….to having the right and the ability to have weapons to protect our country in the event of an invasion. Does the governor know something the people are not aware of??? Is North Carolina seeking to become totally independent of the Federal Government??? Scary stuff if you ask me!!


      Comment by Pam H. — November 16, 2011 @ 11:26 pm

    • This is a common defense issue. Back in the revolution the Governors were able to issue the same level of orders.


      Comment by Arin Davidson — November 17, 2011 @ 12:10 am

    • This law was not passed by the current Governor of NC. It was passed in 1988 by Gov Martin. The SDF is currently idle and has been since 1996. We are in hopes tha Governor brings the SDF back online soon.


      Comment by Rick — November 22, 2011 @ 9:46 pm

  3. Bruce the Historical Militias would be like the Independent Fayetteville Light Infantry. There are a few others.


    Comment by Ralph Reagan — November 11, 2011 @ 11:58 am

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