By Edwin Taber 

For a number of years now the news and entertainment media have negatively impacted an important American institution known as the militia. Defaming the militia has become standard practice in an attempt to convince people that the militia is a bunch of crazy people running around in the woods with guns for no good purpose. 

I am writing this in hopes of clearing up the perception of the militia and to restore it to a place of public trust and confidence. I will in as few words as possible summarize the constitutional role of the state government in providing for the continued service of the militia in the defense and protection of the people of this great land. 

The state government and militia relationship begins in the New York State Constitution, Article XII: “The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia.” ref: New York State Constitution, Article XII. 

The language of Article XII of the New York State Constitution was adopted following the language of the New York Convention of July 7, 1788 as it considered the role of the militia in the new government: 

      “The militia should always be kept well organized, armed and disciplined, and include, according to the past usages of the state, all men capable of bearing arms, and that no regulations tending to render the general militia useless and defenseless, by establishing select corps of militia, of distinct bodies of men, not having permanent interests and attachments to the community, ought to be made.” 

     “That the people have the right to keep and bear arms; that a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defense of a free state.” ref: The New York Convention July 7, 1788. 

       The New York State Legislature is to: 

1. “...provide for the discharge of this obligation...” 

       A. What is the obligation? The obligation is for the legislature to provide by non-infringement the freedom and means necessary for all persons within the state to present an immediate and effective response to any and all external [defense] and internal [protection] threats to the institutions and citizens of both the state in which they reside as well as to the United States. 

       B. How does the legislature provide for this discharge of the obligation? 

1. It does not infringe on the arms, drill or parade of the Citizen Militia identified in the Second Amendment of the US Constitution and the Civil Rights Law of New York State. 

2. Gives the Citizen Militia access to state resources for training, drill and other necessary regulation for the purpose of creating an effective organization capable of acting as intended. 

3. Promote respect and legislate co-operation with state agencies and law enforcement. 

4. Make arsenal, magazines and military stores available to the citizen militia that are provisioned to address current and anticipated threats. 

5. Support community youth and adult programs to develop skills and knowledge necessary for effective militia service. 

Ref: 1. The Second Amendment to the US Constitution. 

2. The Civil Rights Laws of New York State, Section 4. II. “...(provide) for the maintenance and regulation of an organized militia.” 

A. How is the organized militia regulated by the state legislature? 

1. Structured 

2. Budgeted, 

3. Equipped, 

4. Trained 

B. What is the organized militia? 

1. There are two levels of organized militia – federal and state. 

2. The federal organized militia is the National Guard and the Naval Militia. 

3. The state organized militia is the National Guard, the Naval Militia and the New York Guard. 

4. Both federal and state organized militia are supported by the unorganized militia, which is a militia reserve. 

Ref: 

1. Title 10 United States Code Section 311. 

2. There are 32 Code of Federal Regulations. 

3. Laws of New York State, Military, Section 2. 

How does the militia fit into our homeland security strategy? This is the reserve structure of our primary security which is the Army, Navy, Air Force and Marines: [Standing Military] 

1. Army, Navy, Air Force and Marine Reserves. [Standing Military] 

2. National Guard and Naval Militia [Select Militia] 

3. State Guard [Select Militia] 

4. Unorganized Militia of the United States Militia and the state militia [Select Militia] 

5. The armed citizenry is the pool from which all of the above are drawn [Citizen Militia] 

There are two separate and distinct militia provided for by state and federal law: 

1. The government militia which is a select militia. 

a. This is found in Article 1 Section 8 #15 and #16 of the US Constitution. 

b. It is also found in the Military Laws of New York, Section 2. 

2. The Citizen Militia of the people. 

a. This is found in the Second Amendment to the US Constitution. It is a right of the people. 

b. It is also found in the Civil Rights Laws of New York State, Section 4. It is a civil right.