when did organized militia become national guard

[mrapathy2000]

doing some reading and putting together a document. just curious when national guard hit recognition on federal lever. tried search on thr and didnt get good hits. tried google and got bunch of subdivisions or reserves for army,airforce and then state nation guards.

then the sites claiming the national guard is some 300+ years old and is originally militia. basicly working on document for unorganized militia.

got some state law for iowa as well

iowa has no RKBA that I know of, however Article1-sec1 and Article VI-sec1 may be the closest thing we have.
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Bill of Rights 2nd Ammendment:
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

USC title 10>subtitle A> Part 1>chapter 13>sec 311

Sec. 311. - Militia: composition and classes

(a)
The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(
The classes of the militia are -
(1)
the organized militia, which consists of the National Guard and the Naval Militia; and
(2)
the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia


Iowa Constition:
http://www.legis.state.ia.us/Constitution.html

ARTICLE I.
BILL OF RIGHTS.

Rights of persons. SECTION 1. All men and women are, by nature, free and equal, and have certain inalienable rights--among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.

Laws uniform. SEC. 6. All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.

Article VI -- Militia:
Composition--training. SECTION 1. The militia of this state shall be composed of all able-bodied male citizens, between the ages of eighteen and forty-five years, except such as are or may hereafter be exempt by the laws of the United States, or of this state, and shall be armed, equipped, and trained, as the general assembly may provide by law.
Amended 1868, Amendment [5]

Exemption. SEC. 2. No person or persons conscientiously scrupulous of bearing arms shall be compelled to do military duty in time of peace: Provided, that such person or persons shall pay an equivalent for such exemption in the same manner as other citizens.

Officers. SEC. 3. All commissioned officers of the militia, (staff officers excepted,) shall be elected by the persons liable to perform military duty, and shall be commissioned by the governor.

http://www.state.ia.us/government/dps/iowacode/cd99724.htm
Code of Iowa CHAPTER 724 and SECTION 702.7

724.2 Authority to possess offensive weapons.
Any of the following is authorized to possess an offensive weapon when the person's duties or lawful activities require or permit such possession:
1. Any peace officer.
2. Any member of the armed forces of the United States or of the national guard.
3. Any person in the service of the United States.
4. A correctional officer, serving in an institution under the authority of the Iowa department of corrections.
5. Any person who under the laws of this state and the United States, is lawfully engaged in the business of supplying those authorized to possess such devices.
6. Any person, firm or corporation who under the laws of this state and the United States is lawfully engaged in the improvement, invention or manufacture of firearms.
7. Any museum or similar place which possesses, solely as relics, offensive weapons which are rendered permanently unfit for use.
8. A resident of this state who possesses an offensive weapon which is a curio or relic firearm under the federal Firearms Act, 18 U.S.C. ch. 44, solely for use in the official functions of a historical reenactment organization of which the person is a member, if the offensive weapon has been permanently rendered unfit for the firing of live ammunition. The offensive weapon may, however, be adapted for the firing of blank ammunition.
9. A nonresident who possesses an offensive weapon which is a curio or relic firearm under the federal Firearms Act, 18 U.S.C. ch. 44, solely for use in official functions in this state of a historical reenactment organization of which the person is a member, if the offensive weapon is legally possessed by the person in the person's state of residence and the offensive weapon is at all times while in this state rendered incapable of firing live ammunition. A nonresident who possesses an offensive weapon under this subsection while in this state shall not have in the person's possession live ammunition. The offensive weapon may, however, be adapted for the firing of blank ammunition.
[C27, 31, 35, § 12960-b4, 12960-b5, 12960-b7; C39, § 12960.04, 12960.05, 12960.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 696.4?696.7; C79, 81, § 724.2]
83 Acts, ch 96, § 122, 159; 97 Acts, ch 166, §3 NEW subsections 8 and 9

http://www.ang.af.mil/history/Forging.asp
Consequently, in the late 1940s, the Air Force found itself stuck with the Air Guard against its best professional judgement. The ANG would be manned by some 58,000 personnel. Its primary units would be 84 flying squadrons, mostly fighters. Air defense of the continental U.S. was its main mission. A separate National Guard aviation program began to emerge in 1946 as individual units obtained federal recognition. But, the Air Guard's official birth date was 18 September 1947, the same day the Air Force became a separate service.
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I hate reading this long worded stuff but consideration of the alternatives can change that. just glad it is not as bad as in california or some other states. then again iowa could always be better. dont like the iowa laws on offensive weapons when it comes to who can and cannot own them. as if its a cash and carry item. machine guns I am not interested in but I dont think my neighbor should be restricted from having one if he is law abiding and goes through all the processes required to get the item ie waiting period and tax. silencer and short barreled rifle and some other things wouldnt mind having.

 

[Al Norris]

The quoted USC (Title 10) has been in that particular form since the late 1800's.

The definition of "militia" dates to an earlier federal law passed in 1792 - The Federal Militia Act which defined "Militia" as all able bodied white male citizens ages 18 to 45. Citizen-militias were in the colonies since from the early to mid 1600's.

Most of the early charters of the colonies not only mandated how officers were selected and commissioned, but many went so far as to require every able bodied adult male (freemen only, others need not apply) to obtain and store a specific amount of lead, powder and type of arms suitable for battle.

Now, while the Guard, in this case, the Amry National Guard, does indeed trace it's history back to the Mass. Bay Colony in 1636, it was not what we today would consider the Guard. It was at that time a citizen-militia of the kind and type exemplified by the founders in the Federalists Papers.

Just before the civil war, the New York state militia became the first militia to be actually named "National Guard" in honor of the Marquis de Lafayette who commanded the "Garde Nationale" in the early days of the French Revolution.

After the civil war, many states began to follow the lead of New York and (re)named their own militias as "National Guard." This progressed until the late 19th century, when most states militias were called National Guards or simply, the Guard.

It was during the Spanish-American war that the courts ruled that the Federal Government could not call up the guard and federalize them, as the Guard were State units. This was done because some of the states protested the federalization of their own Guard units. The 1892 Militia Act was codified by Congress and what we now call "Title 32" came into existance. The Guard still came under State authority except in times of national emergency, according to the Constitution, they could then be federalized.

The problem prior to the Spanish American war was that while the Constitution gave Congress the authority to call up the militia, the Congress had not passed any laws to codify when, where or how this was to be accomplished. This then was the lawfull beginnings of the now federalized organized militia as codified under Title 10 of the USC. It did not change the nature of the unorganized militia. No passage of law before or since has changed that nature.

The most current Militia Act was passed in 1956. This act pertains almost exclusively with the National Guard. What this does is to clarify when the National Guard which is normally under State control (Title 32) can be tranferred to Federal control (Title 10). The real effect of the Act of 1956 was complete the federalization of the Guard. Now the states had lost the constitutional power to select and appoint officers and to train the Guard on their own. All training was now done by the regular military and officers were appointed by act of Congress.

Today, when referencing the militia, one must understand the nature and differences of the organized and the unorganized militias. To simply state "the militia" is legally refering to the unorganized militia. Whereas the National Guard now refers to the organized militia under State control (see the Militia Act of 1956) unless and until it has been called up under Title 32 by an act of the Congress or the President under Congressional mandate (see the National Defense Act of 1916 and the current War Powers Act of 1972). At which time, the control of the Guard is transferred from Title 32 (nominal States Authority) to Title 10 (full Federal authority).

None of this has affected the unorganized militia, however. Hence, under current equal rights laws, who are the militia? All able bodied persons aged 17 to 45.

That is a very brief but accurate history of the Guard. So that, while the Guard may claim a history of 366 years of recognition, it would also be accurate to say that the Federalized National Guard only has a history going back to the Militia Act of 1892.

 

[AZRickD]

Dick Act of 1903, along with some other modifiers a few years later on separate sessions of Congress.

Rick

 

[mrapathy2000]

thank you.

 

[TaurusCIA]

when did organized militia become national guard

When it became a convenient Judicial argument against the individual's right to keep and bear arms.

The national guard is, in practical terms, no different than congress. They are a national body made up of representatives from the various states.

 

[7.62FullMetalJacket]

It appears that the question is backward. When did the organized militia not become the organized militia? In 1892 when they were able to federalize it. The defining moment appears to be 1956 when all of this was clarified.

In our constitutional republic called the United States, it seems dubious to have a "state militia" under federal control. Therefore, all that is left is the "unorganized militia" to defend a state against federal encroachment. That'd be us.