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Is ‘Militia’ a Constitution Right for We The People?
SB 947 exchanges militia for national guard in Oregon statutes

Senator James Manning Jr. (D-Eugene) proposes to do a word swap in SB 947. This isn’t as straight forward as it appears. It changes references to the “militia” in Oregon law to…”national guard.”

It is unclear what Manning’s intensions are since, unlike the 2nd Amendment in the United States Constitution, Oregon's constitution makes no reference to "militias." Article 1, Section 27 of the Oregon Constitution states: “The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]” Even if the Oregon Constitution did use the term "militia," passing SB 947 would have no bearing on the interpretation of the Constitution.

Oregon statue distinguishes between “organized (state)” and “unorganized” and “reserve (federal)” militia. SB 947 changes militia to national guard for all three groups.

There are issues when changing the “unorganized militia” defined as “… all able-bodied residents of the state between the ages of 18 and 45 who are not serving in any force of the organized militia or who are not on the state retired list and who are or who have declared their intention to become citizens of the United States; subject, however, to such exemptions from military duty as are created by the laws of the United States.”

The ‘militia” are ordinary citizens. This bill is one more attempt to remind Oregonians that they are subjects and not citizens. Kevin Starrett of OFF writes, ”SB 947 is another step towards the goal of crushing individual liberty and responsibility and a massive waste of money in a state that frees dangerous criminals because it has no public defenders.”

Only under the “unorganized” militia does it include those “who have declared their intention to become citizens of the United States.” What constitutes “intent”? So basically, every adult in the state under age 45 would be a part of the unorganized national guard and eligible to be called to active duty.

To change the defined term to “unorganized national guard” seems like an insult to the “National Guard,” words that actually mean something. The bill doesn’t empower the National Guard, but strips them of status. Does renaming unorganized militia strip citizens of individual rights to bear arms or will it require registration including any firearms? Whatever the bill is trying to accomplish, it's not an attempt to expand or protect your right to bear arms.

In the organized groups, there is a distinction between the state National Guard and the National Guard of the United States, which is a reserve component of the U.S. military. The National Guard of the United States is a federal reserve force that is activated for federal missions. This federal component can be deployed overseas and is under the command of the federal government.

The State National Guard consists of the Army National Guard and Air National Guard units in each state, territory, and the District of Columbia. These units are primarily under the control of state governments and are responsible for civil support, law enforcement, and other duties as determined by the governor. They are funded through the state's budget and are organized to respond to emergencies and disasters within the state.

Both components are part of the broader National Guard system, which is officially created under Congress's Article I, Section 8 power to "raise and support Armies." Is the "unorganized national guard" intended to be included? Members of the National Guard serve part-time while holding civilian jobs full-time, and they participate in training drills one weekend a month and two weeks per year.

Manning has teamed up with Senator Floyd Prozanski (D-Springfield & Eugene) to introduce several anti-Second Amendment bills that threaten Oregonians' Constitutional rights, contrary to the Democrat caucus priorities: These bills can all be found on Oregon Citizens Lobby Alerts, which gives options for writing testimony or committee members.

A D V E R T I S E M E N T

A D V E R T I S E M E N T

SB 947 is scheduled for a public hearing on Thursday, February 20th, at 1 pm in Hearing Room B in the Senate Committee On Veterans, Emergency Management, Federal and World Affairs. Submit written testimony here or sign up to testify live here. Oregon Citizens Lobby War Room is open every Thursday from 8:30am to 3pm at Ike Box, 299 Cottage St, NE, a block from the capitol.

President Trump's executive order directing his Attorney General to investigate ongoing infringements on America's Second Amendment rights could impact some or all of these bills.


--Donna Bleiler

Post Date: 2025-02-17 04:35:57Last Update: 2025-02-16 21:46:13



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