You’re in the Militia


A Well Regulated Militia

You’ve read the 2nd Amendment, which prevents the state from infringing on the right of the people to keep and bear arms; so you know that it also provides that a well regulated militia is necessary to ensure the security of the free state.

Although the word “militia” may conjure up thoughts of roving gangs in the middle east, the militia was the cornerstone of our independence during the American Revolution. In fact, the militia is still alive and well today, and you are most likely a member of it.

Reserve Militia

According to the Texas Government Code, the “Reserve Militia means the persons liable to serve, but not serving, in the state military forces.” The “state military forces” include any active militia or other military force organized under state law. Tex. Gov. Code § 431.001

“A person is subject to military duty if the person is: able-bodied; a citizen or a person of foreign birth who has declared an intent to become a citizen; a resident of the state; at least 18 and not more than 60 years of age; and not exempt.” Tex. Gov. Code § 431.081

Since the exemptions are focused on persons holding public office, certain titles, or mental disabilities, it is most likely that you are liable to serve in the state military forces and therefore are a member of the Reserve Militia.

Calling of Forces

As a member of the Reserve Militia, you might wonder what your duties and responsibilities are. Well, the Governor of the State of Texas would first turn to the state military forces “to repel or suppress an invasion of or insurrection in or threatened invasion of or insurrection in the state or if the governor considers it necessary to enforce state law.” However, if the Governor needs more force, then he “shall call the part of the reserve militia that the governor considers necessary.” Tex. Gov. Code § 431.111(a)

Therefore, it is possible for the Governor to call the state military forces to suppress an invasion or enforce state law, realize that the current forces are insufficient, and call you to service as a member of the Reserve Militia.

Probability of Being Called

Let’s be real, the probability of you receiving a phone call tomorrow telling you to report to city hall with a rifle, ammunition, and 3 days supply of food is relatively slim. In fact, I’d be willing to bet money that you won’t receive that call tomorrow, but the day after that may be a different story. Unfortunately, I don’t have a crystal ball that allows me to see the future.

Whether you ever receive that call or not is of little consequence. Certainly we all pray that day never comes, but that doesn’t mean that we shouldn’t be prepared for such a possibility. If it weren’t possible, then these laws wouldn’t exist. As citizens of a free state, it is our responsibility to remain prepared to ensure that it remains free for our children.

–Authored by Matthew L. Harris, Esq.,

 Matthew Harris Law, PLLC – Civil Litigation Division

1001 Main Street, Suite 200, Lubbock, Texas, 79401-3309

Tel: (806) 702-4852 | Fax: (800) 985-9479

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