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What is "the militia"? Here's a little something from the US Supreme Court:

The [meaning applied] to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. "A body of citizens enrolled for military discipline." And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.

--Miller v. Texas, 153 U.S. 535 (1894)

While many people have difficulty with the language of this statement, the simple answer is, "all males physically capable of acting in concert for the common defense". There is more to that discussion, which is covered below.

What surprises most people is that the militia is actually required by the US and most state constitutions. We discuss those provisions in the Legal Authorities section, beginning with the relevant sections of the US Constitution.

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StateMilitia.US fuctions as a clearing house, public relations outlet, and fundraiser for militia units who are in compliance with their state constitutional and statutory requirements and who meet the extended requirements given in the Screening section herein.

Now more than ever, the need for such a clearing house, and public relations function, is clear. With the growing failure of socialism destroying our economy and with it public confidence in government, more and more citizens are turning to their lawful options under the US Ninth and Tenth Amendments to band together to ensure domestic tranquility in their counties should that growing failure reach its worst ultimate conclusion.

In the process, a problem exists where infighting and misrepresentation are already occurring among the many spontaneous organizations sprouting up across the country. Often, more than one group is competing in overlapping areas for public acceptance. And, many have an incorrect idea as to what a militia is and is empowered to do and not do.

Further, there already exists a widespread public misconception as to what the militia really is. This is not just the result of past misadventures by a few misguided groups, but also the intentionally exaggerated fear-mongering of one or two very profitable hate-oriented vested interests who do not approve of the classic American values of free thought, self-reliance, and constitutionalism.

StateMilitia.US and its spokespersons and affiliates intend to become the go-to faces and voice of the true militia and its importance to the preservation of our great nation.

StateMilitia.US is a privately-owned public service not controlled by any particular militia unit. This website and content Copyright 2010 by LawfulGov.Org, a mission-specific tax-exempt, tax-deductible, eleemosynary trust.

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As we reiterate in the footer of every page in this website,
  • Neither StateMilitia.US, nor any of its affiliated constitutionally-authorized civil defense militia organizations, advocates or condones the threat or initiation of force to achieve social or political goals.

  • No Affiliate may extend membership requirements to include any type of religious or political preference.
Only militia units which honorably uphold the constitutions and laws of the United States and of their states, freely and eagerly take such oath of office to uphold and defend those constitutions and laws as may be indicated by them, and who rebuke violence, fraud and anarchy will be permitted to affiliate with the StateMilitia.US webring.

Additionally, to affiliate with StateMilitia.US, a militia unit must meet and maintain all of the requirements of the Affiliating section, herein. We will confirm initial compliance and monitor for ongoing compliance with those standards. Any affiliated unit found to be out of compliance will be given notice to correct that situation, and dropped if it fails to do so.

Specific causes of refusal or disaffiliation include initiating or permitting to occur, the planning of seditious activities, advocating the overthrow of the national or any state's constitutionally-authorized government, tactical discussions of a nature sufficient to incur lawful charges of conspiracy, and breach of the Affiliation Agreement.

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Affiliates are State militia units which have met and continue to meet all the requirements given in the Screening section herein, and whose commander has signed an affiliation agreement certifying same, which agreement also binds said commander to ensure that his/her organization conducts itself in accord with those requirements and the highest standards of conduct normally associated with military organizations.

Commanders wishing to initiate affiliation discussions are requested to direct the Public Contact form to be found in the Communications section to the Affiliation Coordinator.

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Militia Questions and Answers
Isn't the National Guard all the militia there is?

   No. According to the constitutions of many states, the National Guard is the active militia subject to standing orders and on call directly by the President. The remainder of the historically-eligible citizens comprise what is known as the "unorganized militia". When all or part of those citizens are called into service by the state's Governor, the portion that is called up becomes what is known as the "organized militia".

So the non- National Guard militia is actually legal and constitutional?


And there are actually three militias?

   Yes. Or, actually, three parts to the militia: The National Guard, and the unorganized and organized militia(s). However, the organized militia only exists when a portion of the unorganized militia has been called into service by the governor. Most of the time there are just the National Guard and the unorganized militia.

The easiest way to think of this is that National Guard members are enlisted, while unorganized militia are merely enrolled, and organized militia are whatever portion of the unorganized militia who have been temporarily drafted by the governor to back up or supplement the National Guard or police in an emergency.

Does that mean the organized militia can be used as cops?

   No. They can be assigned to a police chief, sheriff or state police commander to take care of certain objectives, but their members cannot be given direct orders by those authorities. The police chief, sheriff or commander may give the militia unit a civil defense or humanitarian objective, but how that objective is pursued and the orders that make it happen come solely from the senior militia officer present.

When might the militia be used in a military capacity?

   In cases of insurrection or invasion, the organized militia can be attached to the National Guard, in which case its members become drafted soldiers subject to the Guard's command.

What is the difference between insurrection and invasion?

   Insurrection comes from within, invasion from without. This is the manifestation of the two types of enemies the constitution requires us to take an oath to defend against: foreign enemies commit invasion, and domestic enemies are residents and even citizens who try to tear down the fabric of government to achieve their social or political goals.

Insurrection is non-government initiated violent action from within against the state or any of its political subdivisions, such as a city. Insurrection is committed by insurgents, people who rise up (surge) from within (in-surgents) to express violent opposition to a government. This is usually a poorly-conceived abandonment of the political process, although sometimes, as in the case of the American Revolution, it is the consequence of a failure of diplomacy to resolve an overriding concern.

Insurrectionists, or insurgents, are also known as domestic terrorists. This is not an American who speaks out politically but stops short of violence, as is his right as guaranteed by the First Amendment. So a peaceful, politically active, even belligerent, American should never tolerate being called any kind of terrorist. Nor should any of the rest of us so tolerate such an abuse of power as that misuse of the word.

Invasion is normally a lot easier to discern. That's when foreign troops arrive on someone else's soil with the intent of changing the local or national government. Of course, we would always stand up to that.

What about a politically-inspired gun grab by domestic officials and agencies?

   That would would violate the Second Amendment as well as render the militia useless to Congress, so it would be doubly unconstitutional and a violation of the oath of office those officials took. They promised to uphold and defend the constitution. The only rational way to view that is that either those officials are completely stupid, or they have gone rogue and are committing a top-down insurrection against We the People. Further, it would violate the state's own constitution and laws which mandate that the militia exists, in turn making it impossible for the people to defend their state governments from invasion or further insurrection.

Even though it tweaks most people's comfortable world-view, it is possible that a state could be invaded by federal forces, in violation of the state's rights under the constitution. But then, that should be no surprise from people who spent twelve years captive in public schools being indoctrinated into an anti-constitution political theory by educators who care more about their utopian dream than about teaching reality.

Is there anything else that's important to know about these two causes for calling up the militia?

   Note that a failed insurrection is called a rebellion, while a successful insurrection is called a revolution. That's why a challenged government always calls its challengers rebels and the challengers call themselves revolutionaries. When things become violent, the battle of the bullets decides which word will stick. In no more obvious sense than this does the writing of history go to the victors.

So it can look like a matter of perspective?

   Yes. But there is a simple way to decide it in the more obvious cases, which makes it an easy choice for the militia. If there's a rebellion going on in resistance to an invasion or an obvious unconstitutional agression against the citizenry by anyone, we will always stand with our own citizens against foreign troops and local rogues. Further, we maintain that the federal and state constitutions and the US Supreme Court have all made it clear that the militia's job is domestic civil defense, so we will never consent to subordinating to the command of foreign military on American soil.

If the unorganized militia is not part of the National Guard, how do they get trained so they know what to do if they are called by the Governor?

   Well, that's been a problem. According to the US constitution, the states are supposed to see to that, but they only outfit and train the National Guard.

The unorganized militia has to take care of itself privately.

How does that work?

   In the past, not too well. People tried to organize and train themselves, there was no coordination, and too often ego and anger ruled the day. So there was little unit-to-unit cooperation or consistency, no way to negotiate the merger of competing units in the same locale, and no way to ensure that units were properly oriented and not self-destructive or even dangerous to some segment of society or another. It was chaos.

In fact, it can be argued that the states themselves caused that problem by shirking their duty under the US constitution, Article 1, Section 8, Clause 16 as cited above, to take the authority to appoint their militias' officers and see to their training.

Is that what has been called the "right-wing militia" and other less complimentary names?

   Yes. And though that unhappy reality is not yet completely gone, we are getting there rapidly.

How is that happening?

   Recently, as misguided units have disintegrated or matured, and cooler heads prevailed, and the internet is making wider cooperation and cross-education possible, real standards and organizing tools are being developed and implemented.

But we're still being left to do it ourselves, without the states' help. Luckily, the last four words of the Tenth Amendment to the US constitution authorize us to do it: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. If the states don't do what they're supposed to do, the people may (and usually must) do it themselves.

What are the eligibility requirements?

   Historically, all able-bodied males between 17 and 45, although it varies slightly by legal definition from state to state. And all others who make themselves available, although people over 45 are often restricted from combat duty and usually are not subject to being drafted, though they may volunteer and will be taken if their position is crucial to the operation of their unit.

Does it matter, to which political or religious persuasion a person subscribes?

   No. Not as long as, within the context of militia sevice, the person can keep his oath by putting his citizenship and the defense of the constitution and laws of the US and his state above all other commitments. This requirement should not be a problem for people who see the US the guarantor of their religious and political freedoms.

What about gender and sexuality?

   While women are not historically, or as yet legally, defined as eligible for militia service, their participitation is optional as determined by Command in each state. Some militias accept women in non-combat roles only, while others allow their participation at every level so long as no special considerations are allowed.

In any case, the usual policy is that there shall be no sexual fraternization among members on duty or assignment, and no individual loyalties that compromise unit cohesiveness: Don't ask, Don't tell, Don't respond.

What are the standards that are making the new militia so much better?

   The National Militia Standards, published by the good people at, is one good example. Based on actual military structure and "best practices", these were developed by retired military personnel and other vets, as applicable to citizen-soldiers.

What are the organizational tools that are coordinating the improved militia presence?

   This webring, StateMilitia.US is becoming the go-to organizational tool. See the StateMilitia.US section for more.

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Legal Authorities

The militia is sanctioned, and in effect mandated, at all three levels of American law:

  1. The United States Constitution
  2. State Constitutions
  3. State Law

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The United States Constitution

The United States Constitution recognizes the militia in three places, two of which actually require the federal and state governments to see to militia outfitting and training:

  • Article 1, Section 8, Clause 15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

  • Article 1, Section 8, Clause 16: To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

  • Amendment 2: 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.

  • Amendment 9: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

  • Amendment 10: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
We do recognize that there are a couple of questions in most people's minds regarding what these clauses mean. Foremost among these, what a militia really is, and the entire meaning of the Second Amendment.

The meaning of the Second Amendment has been debated politically for decades, so far without clear resolution. For better or worse, that debate is expected to be settled by the US Supreme Court in a couple of cases scheduled to be heard this year. Meanwhile, here is an interesting webpage discussing the issue:

The other question, whether the militia is actually nothing more than the National Guard, is settled in most of the state constitutions, as, for example, it is in Idaho.

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The Idaho State Constitution

The Idaho constitution includes an entire Article devoted to the militia and its three parts, clearly showing that the National Guard is only one of the three.


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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The Idaho Statutes

The state constitution is amplified and given shape by the Idaho Statutes, the actual laws passed by the state legislature to provide the ways and means of implimenting the militia.



   TITLE 46
   46-103. STATE MILITIA -- DIVISION INTO CLASSES. The militia of the state of Idaho shall be divided into three (3) classes, to wit:
   The national guard, the organized militia, and the unorganized militia. The national guard shall consist of enlisted personnel between the ages of seventeen (17) and sixty-four (64), organized and equipped and armed as provided in the national defense act, and of commissioned officers between the ages of eighteen (18)and sixty-four (64) years, who shall be appointed and commissioned by the governor as commander-in-chief, in conformity with the provisions of the national defense act, the rules and regulations promulgated thereunder, and as authorized by the provisions of this act. The organized militia shall include any portion of the unorganized militia called into service by the governor, and not federally recognized. The unorganized militia shall include all of the militia of the state of Idaho not included in the national guard or the organized militia.

46-106. ORGANIZED MILITIA -- ORGANIZATION WHEN CALLED INTO ACTIVE SERVICE. Whenever the governor as commander-in-chief, shall call into the active service of the state the unorganized militia or any part thereof, it shall be organized into such units and shall be armed and equipped in such manner as the governor in his discretion shall deem proper. The officers thereof, shall be appointed and commissioned by the governor under such rules and regulations as he may deem expedient to promulgate.


   46-202. COMMISSIONED OFFICERS -- APPOINTMENT AND COMMISSION -- OATH -- TEMPORARY APPOINTMENTS. All commissioned officers shall be appointed by the governor as commander-in-chief, and be commissioned according to the grade in the department, corps, or arm of the service in which they are appointed, and shall be assigned to duty by the commander-in-chief. They shall take and subscribe to the following oath:
   "I .... do solemnly swear (or affirm) that I will support and defend the constitution of the United States and the constitution of the state of Idaho against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey orders of the president of the United States and the governor of the state of Idaho, that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of .... in the national guard of the state of Idaho upon which I am about to enter, so help me God."
   The appointment of officers in the national guard shall be temporary until such appointees shall have been federally recognized under the provisions of the national defense act. Any officer so temporarily appointed as an officer of the national guard of this state is hereby authorized to exercise all powers of his office during the time said temporary appointment shall remain in force. Such temporary appointment shall expire upon written notice from the national guard bureau that federal recognition has been denied and upon receipt of said notice the governor is authorized and is hereby directed to discharge such temporary officer from the national guard; provided, that the provisions of this section shall not apply to officers of such forces of the organized and unorganized militias which may be called into active service of the state.

   46-601. AUTHORITY OF GOVERNOR. (a) The governor shall have the power in the event of a state of extreme emergency to order into the active service of the state, the national guard, or any part thereof, and the organized militia, or any part thereof, or both as he may deem proper. "State of extreme emergency" means: (1) the duly proclaimed existence of conditions of extreme peril to the safety of persons and property within the state, or any part thereof, caused by an enemy attack or threatened attack; or (2) the duly proclaimed existence of conditions of extreme peril to the safety of persons and property within the state, or any part thereof, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, insurrection, breach of the peace, which conditions by reason of their magnitude are or are likely to be beyond the control of the services, personnel, equipment and facilities of any county, any city, or any city and county. (b) During a period of a state of extreme emergency, the governor shall have complete authority over all agencies of the state government, including all separate boards and commissions, and the right to exercise within the area or regions wherein the state of extreme emergency exists all police power vested in the state by the constitution and the laws of the state of Idaho. In the exercise thereof he is authorized to promulgate, issue and enforce rules, regulations and orders which he considers necessary for the protection of life and property. Such rules, regulations and orders shall, whenever practicable, be prepared in advance of extreme emergency and the governor shall cause widespread publicity and notice to be given of such rules, regulations and orders. Rules, regulations and orders issued under the authority of this section and prepared in advance of a state of extreme emergency shall not become operative until the governor proclaims a state of extreme emergency. Such rules, regulations and orders shall be in writing and shall take effect upon their issuance. They shall be filed in the office of the secretary of state as soon as possible after their issuance. A copy of such rules, regulations and orders shall likewise be filed in the office of the county clerk of each county, any portion of which is included within the area wherein a state of extreme emergency has been proclaimed. Whenever the state of extreme emergency has been ended by either the expiration of the period for which it was proclaimed or the need for said state of extreme emergency has ceased, the governor shall declare the period of the state of extreme emergency to be at an end.

46-602. PROCLAMATION OF MARTIAL LAW. Whenever a state of extreme emergency has been proclaimed by the governor, the governor if in his judgment the maintenance of law and order will thereby be promoted, and in addition to the proclaiming of said state of extreme emergency, may by proclamation declare the state, county, or city, or any specified portion thereof, to be in a state of insurrection and may declare martial law therein.

46-604. COOPERATION OF MILITIA WITH CIVIL AUTHORITIES -- CALLING OUT MILITARY FORCES. When the national guard or the organized militia shall be ordered into the active service of the state during a state of extreme emergency, or for any other cause, the commanding officer of the military personnel shall cooperate with the civil officers to the fullest extent, consistent with the accomplishment of the object, for which the military personnel were called; the civil officials may express to the commander of the military personnel the general or specific object which the civil officials desire to accomplish, but the tactical direction of the military personnel, the kind and extent of force to be used, and the particular means to be employed to accomplish the object specified by the civil officers are left solely to the officers in charge of the military personnel. In case of any breach of the peace, tumult, riot, resistance to process of this state, or a state of extreme emergency, or imminent danger thereof, the sheriff of a county may call for aid upon the commander-in-chief of the national guard.

   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.

46-803. JURISDICTION OF COURTS AND BOARDS PRESUMED. The jurisdiction of the courts and board established by this act shall be presumed and the burden of proof shall rest on any person seeking to oust such courts or boards of jurisdiction in any case or proceeding. 46-804. MILITARY DIVISION RULES. The military division shall be authorized to promulgate, implement and enforce rules for the administration of the military division and to implement the requirements of this title. The adjutant general shall be responsible for the enforcement of all rules adopted by the military division. All rulemaking proceedings and hearings of the military division shall be governed by the provisions of chapter 52, title 67, Idaho Code.

   46-1103. PERSONS SUBJECT TO THE CODE. The Idaho code of military justice applies to all members of the Idaho military not in federal service when they are in or lawfully ordered to be in a duty status and to all members of the military forces of any other state when in or ordered to be in a duty status while they are assigned or attached to any command within the Idaho military, unless jurisdiction has been exclusively reserved by the other state's general court-martial convening authority, and at any time any of the aforesaid members engage in activities which tend to bring discredit upon the Idaho national guard or disrupt the good order and discipline thereof.

   46-1201. DEFINITIONS. [EFFECTIVE UNTIL DECEMBER 31, 2012] As used in this chapter:
   (1) "Cooperation" means to work or to act together towards a common end or purpose.
   (2) "Coordination" means harmonious adjustment or interaction of equal functions of similar importance.
   (3) "Council" means the Idaho statewide interoperability executive council.
   (4) "Interoperability" means the ability of public safety service and support providers, law enforcement, firefighters, EMS, emergency management, public utilities, transportation and others, to communicate when necessary with staff from other responding agencies, and to exchange voice, video and/or data communications on demand, in real time, and when authorized.

46-1203. PURPOSE. [EFFECTIVE UNTIL DECEMBER 31, 2012] The council will serve as the governing body in affairs of public safety wireless radio interoperable communications for local and private entities. The council will promote interagency cooperation and provide support statewide for efficient and effective use of local and private resources to achieve public safety wireless radio interoperable communications for local and private public safety agencies.

46-1204. COUNCIL RESPONSIBILITIES. [EFFECTIVE UNTIL DECEMBER 31, 2012] The responsibilities of the council are to:
   (1) Develop a statewide plan for local and private public safety wireless radio interoperable communications;
   (2) Develop and adopt standards for local and private public safety wireless radio interoperable communications;
   (3) Recommend guidelines and standards for operation for local and private public safety wireless radio interoperable communications systems in Idaho;
   (4) Promote coordination and cooperation among local, state, federal and tribal public safety agencies in addressing statewide public safety wireless radio interoperable communications needs in Idaho;
   (5) Review priorities for statewide public safety wireless radio interoperable communications needs and assist users of the statewide system in the development of projects, plans, policies, standards, priorities and guidelines for public safety wireless radio interoperable communications;
   (6) Develop funding recommendations for short-term and long-term system maintenance;
   (7) Research best practices of other states;
   (8) Prepare and present a report to the information technology resource management council by December 30 of each year describing the council's acts and achievements of the previous year;
   (9) Provide recommendations to the governor and the legislature of the state of Idaho, when appropriate, concerning issues related to local and private statewide public safety wireless radio interoperable communications in Idaho and in accordance with homeland security presidential directives;
   (10) Report annually to the legislature of the state of Idaho on the planned expenditures for the next fiscal year, the collected revenues and moneys disbursed from the Idaho statewide interoperability communications fund and programs or projects in progress, completed or anticipated;
   (11) Serve as a conduit for the future allocation of federal grant funds to support the delivery of public safety wireless radio interoperable communications systems directed towards local government and private entities;
   (12) Enter into contracts with experts and/or consultants as may be necessary to carry out the purposes of this chapter and to sue and be sued;
   (13) Work in coordination and cooperation with the Idaho emergency communications commission established by section 31-4815, Idaho Code, and the information technology resource management council, established by section 67-5745B, Idaho Code.

See also:


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Contacting Us
Please use the Contact form on the Pulic page of the Communications section. Note that this webring is designed to present units from the several states as well as their counties and major cities; the form automatically directs your inquiry to the Unit identified at the top of the page.








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