I was just looking to order some nametapes, and saw this http://www.1800nametape.com/texasmilitia.htm.

I thought militia's were illegal in Texas. Did something change, or was I just wrong?

Nope, although they are embarrassing to see.

Thanks.

Private militias are in fact illegal in Texas. That is why you should stay away from those folks, they are "low hanging fruit" just waiting to get plucked and turned......Do you want to be their "get out of jail free" card?

Here is the law---

Present statutes are encoded in Texas Government Code Chapter 431:

Subchapter A. General Provisions


431.001. Definitions

In this chapter:

(1) "Reserve militia" means the persons liable to serve, but not serving, in the state military forces.

(2) "State militia" means the state military forces and the reserve militia.

(3) "State military forces" means the Texas National Guard, the Texas State Guard, and any other active militia or military force organized under state law.

(4) "Texas National Guard" means the Texas Army National Guard and the Texas Air National Guard.


431.010. Organization Prohibited

(a) Except as provided by Subsection (b), a body of persons other than the regularly organized state military forces or the troops of the United States may not associate as a military company or organization or parade in public with firearms in a municipality of the state.

(b) With the consent of the governor, students in an educational institution at which military science is a prescribed part of the course of instruction and soldiers honorably discharged from the service of the United States may drill and parade with firearms in public.

(c) This section does not prevent a parade by the active militia of another state as provided by law.


The Validity of this Statute was upheld in Vietnamese Fishermen's Ass'n v. Knights of the Ku Klux Klan (D.C. 1982) 543 F.Supp. 198.


Read the law and make your own decisions. Personally, I think running around in camo and calling yourself a Militia is a really quick way to end up in jail in Texas. If you want to hang out with a bunch of guys and shoot together and call yourselves the "Domino and Checkers Players of Central Texas"....knock yourself out....... but anyone that calls themselves a Militia is a damn fool and someone to stay away from....

 

Interesting statutes, dont think I've ever read it.  But I think you'd have to declare yourselves a STATE MILITIA to be in violation, vs just a militia in general....


Dunno, but its good forum banter.

Google says their are plenty of organizations calling themselves the "Texas Militia", but if the issue is naming wouldn't that become a 1st amendment issue? i.e., forming a military company named "Texas State Militia" being illegal but "Texas Bunny Brigade" being legal is just a restriction on what words you use.

ETA:

I just noticed they have "branch tapes" with the options of 1st Cavalry, Bonham,
Bowie, Crockett, Guardian, Houston, Seguin, Travis, and Victory. Sounds like someone thinks they're organized.

Surprisingly they have rank patches other than Colonel. I thought calling everyone colonel was a requirement to be a militia.

We had the "Texas Militia" fiasco about 20 years ago in DFW and other parts of Texas.  The leader was a major PITA that would harass the local media and other deemed enemy by placing liens against them to folks were afraid to go after him.  Finally the state stepped in and there was the fun event with them chasing a few up into the Davis Mountains.

It depends upon who created it. If it was Hillary Clinton then it would be fine, for after all- she is above the law. :O(  

Link (or google search terms)? Sounds like an entertaining story.

Soon Hillary will unleash "The Brown Terror" using her "Brown Guards" upon the unsuspection prole population..



BIGGER_HAMMER

I think it's pretty clear. Armed men may not "associate or parade" (drill) under Section A unless they are one of the Officially State Sanctioned State Organizations. Now, again, you might muddy the water a little if you weren't stupid enough to call it a Militia and didn't "parade" around wearing camo etc......I think if you actually call it a Milita, issue rank, regularly assemble etc.....you're fucked. Don't do it.

Now, where some of these guys think there is some wiggle room is they are claiming that Federal Law trumps state law and they claim they are part of the "United States unorganized militia", and therefore state law can't prevent them from assembling etc....... Good luck with that argument in todays political climate and general lawlessness by "authorities"....at a MINIMUM you ain't going to beat the ride and I hope you enjoy bankruptcy trying to keep out of prison for the next 10 years.......

Again, I think anyone that wears a "uniform" proclaiming themselves part of the Texas Militia and who acts accordingly......is just waiting for you to help them get out of jail at some point......

No thanks......

But they'll have the most FAAAABULOUS Uniforms.......

Ain't scared.....

Seems like an extremely narrow law that can easily be circumvented. Almost everything cited in the cite is going on today, with minor changes. Not sure if the law could be upheld today given recent SCOTUS rulings.

Example:


2. ... the Texas Emergency Reserve, are permanently enjoined from:

b) Carrying on military or paramilitary training, including all forms of combat and combat-related training;

c) Parading in public on land or water, with firearms in any city or town of the State of Texas; and

McLaren & The Republic of Texas

What about that black group in South Dallas.  The ones that protect the mosque?  They march with arms and train etc.

Interesting question...

The (Black Panther Founder) Gun Club"?

I can't remember the dudes name, I want to say Huey P Newton Gun Club...

Posted Via AR15.Com Mobile

There is at least one group, I can't remember the name but they are in contact with the state and have helped out during the floods and other emergencies.

(1) "Reserve militia" means the persons liable to serve, but not serving, in the state military forces.

This is what protects the individual groups over the years.  If your of "militia" age, then you fall under the Reserve Militia.

There was a great article in SOF magazine years ago where they actually came down and interviewed several militia groups of the day in Texas and cited the revelant parts of the law concerning them.  I'll see if I can dig it up and scan it for those interested.

I think they are the Texas State Guard.

In should be noted that this law makes historical re-enactments such as those taking place at Camp Mabry and San Jacinto sponsored by entities of the State of Texas illegal. Since there is no penalty for violating that law ...... nothing happens to enforce it.

Fun Fact:

Texas State Guard Commander-In-Chief is the Texas Governor, not El Presidente

It wasn't the state guard, it was a smaller group.

Who cares about a law like this? I'm law enforcement and I would never waste my time enforcing something as idiotic as a group of
people getting together and calling themselves a militia. Unless they were plotting to over take the gubment'..

Again, who cares?

Nothing is illegal unless they know you did it.

Oh, wait, what did I just say?

Do you really think the patriots that started the revolution let everyone know they had established a militia?

Have to have a legit army to be commander in chief..sorry

Umm, they did.  Put out recruiting flyers in fact.

Texas State Guard is the only legal, organized Texan militia authorized under USC title 32 and answering to the Governor.

Possibly the Texas Citizens Militia. I work with a girl who's a member and goes to drill. She mentioned that they helped out with floods and work with the state in times where manpower is needed.

That's it.
Knew it was something like that

I think that's the Texas State Guard you're thinking of, as seen here: https://tmd.texas.gov/texas-state-guard

TXSG is the legit state militia and does the sorts of things you just mentioned. Much less organized than the National Guard and more akin to the old-style colonial militias where requirements are extremely relaxed compared to federal service, you supply your own stuff, serve at will, and they augment state manpower when needed. They also can't be pressed into federal service, unlike the National Guard. They answer to Greg Abbott only.

Texas Citizens Militia are these, uh... interesting folks: http://texascitizensmilitia.com/

Only interaction with the state I've heard of involving them is the ATF arresting their "commander" over weapons charges.

Nope, it was the Texas Citizens Militia.   http://www.expressnews.com/news/local/article/Hays-County-identifies-eighth-person-killed-in-6303213.php#photo-8088302

I think you have to actually be armed to qualify as a  "militia".

Otherwise you are the Salvation Army in ACUs.

Wait, does the TXSG really have no weapons?

Yes, they are unarmed. In fact, back when I was in late 70's or early 80's they got caught drilling with mini-14s and the like and it made the news. I think some heads might have rolled over that.

I've known about them for quite a while but somehow I never knew they were unarmed. That's kind of weird. The hell is the point of having an auxiliary force to back up the National Guard and emergency services if they've got nothing but their fists and good intentions if there's a problem?

I suppose I can understand if it's a budget thing given they even have to buy their own uniforms, but it'd make sense from the militia/guard perspective if they could at least supply themselves with their own personal weapons with maybe an armorer signoff that they're in-spec and safe before drilling/deploying with them.

Eh, there I go again, expecting government to make logical sense.

There purpose seems to be disaster relief, search and rescue etc. They supposedly are suppose to "back up" the Texas National Guard but that seems to be a support role only.

No, that is NOT true.   I was with the 2nd Regiment in Austin in the early 90's (Gulf War I Period).  We drilled at Camp Mabry and had Field Exercises at Camp Swift.

As a N.C.O. (SFC)  I had the pleasure to instruct and to certify personnel on the 12 gauge riot shotgun.  (The Texas State Guard had crates of  Old Rem 870 & Winchester 1200s all marked "Property of the State of Texas") Think these were late 60's vintage when all the riots were raging around the country in those fun loving 60's & 70s

We took all personnel from 2nd Regiment to the Camp Swift firing range, where to qualify for the firearms portion of the  "MP - Security Specialist Badge" they have to load and fire multiple rounds onto target.  We had cases of old Riot Ammo which a stout load of Federal High Brass #5 shot

Fun Fact - Those shotguns were all last stowed most likely in the mid 70's and some helpful person decided applying LOTS of U.S.G.I. Rifle grease on the bolts would be a good preservative.

Uh WRONG-O!!!   That Thick USGI Rifle Grease dried out over many years and the high temperatures of storage, and became the nastiest sort of Gorilla Glue that effectively epoxied shut the bolts to the barrel extentions (not to mention gumped all the receivers) of all those shotguns.  Not a single ONE of them was ready to go out of the box...  Uh -Oh!!!!  We would have been boned if they had to issue them for a serious matter.

It took a crap load of work to clean all those chests of shotguns just so they could be brought back to function and then shot and as the Lucky NCO designated as armorer in charge of the weapons...  it fell to yours to certify each shotgun for function prior to use by firing 5 rounds in each shotgun.   These being old police - riot shotguns (sorry not a single "trench" gun... ) there were no recoil pads (of course) so by the end of the day, that meant cleaning and shooting all 7 chests of 10 shotguns each, so 7 x 10 x 5 = 350 rounds fired  before instructing the next day.  

Ahh.. Good Times!!

I really enjoyed my time with the T.S.G. and made some great friends over my service there.  It is a great example of people willing to do their part to safeguard their communities and neighbors.   Very "Old Texas" in that way....

BIGGER_HAMMER

I stand corrected. I did a little research and apparently in the 80s they were not allowed to carry firearms or to even train with them. From what I've read (a post from a 2nd Lt in the TXSG) that they have a quick response team that is allowed to carry weapons.

That would be the S.T.A.R. team.    Special Tactics And Response.

Aside from the STAR Team members, Our Regiment used to shoot annual qualification on the 12 gauge while I was there for the MP - Security Specialist Badge - Qualificaion.   But no rifles or pistols.

Back then, We were set up as MP Regiments with the idea that we could assist authorities in a Riot or Post Disaster Disorder situation.

It was often pointed out that no matter how tough we looked in formation across a street with a bunch of riot batons or shotguns, any Johnny up on roof with a 30-30 would put a big hurt on all of us as we had nothing to bridge the gap past birdshot from 12 guage (and everyone knows what a awesome manstopper that is...).

It "may" have happened that my SuperMatch M1A with ART II Scope somehow may have somehow been along ...  (to discuss principles of marksmanship like how front and rear sights should line up, or the four positions Prone, Sitting, Kneeling or Standing.  We had LOTS of Austin PD, Travis County Sheriffs Dept and a few TX DPS in our unit (our Unit Commander was a Captain at A.P.D. at the time.  I'd bet that if things were going really badly, that more than a few "unofficial" firearms would have magically appeared....  Because I shot high power service rifle matches at Austin Rifle Club, I was at times an "unofficial" D.M.  

It would be great if the Texas State Guard Members could get some range time with the M-4 and M-9 from time to time...

BIGGER_HAMMER

Should get the TXSG rolls and see if there's interest in a massive group buy of commercial M9/M9a1s.

During the Time of the Democratics (Mark White & Ann Richards Governorship), the T.S.G. was...  "Not Loved at all "...  

I'll admit I was disappointed we didn't get to play with the "Fun Toys" , (I've always wanted to crank the M-2 .50!   ) but that was the breaks back then (and still today)....   We did cross train once out at Bastrop with a ROTC unit from U.T. who had several 5 ton trucks and old Mattel M-16s (A1s) with blanks & BFAs.   Don't know what that says that TSG could not have any access to the items that every ROTC did...    We were strickly self funded (You bought your own uniform (Woodlands) , Boots and any field gear.  We used the old Alice Gear and I often visited surplus stores up in Killeen (I traveled more then for business) to round up odds and ends for my fellow troopers.    

BIGGER_HAMMER

I know for a fact there was pistol qualification and M16 rifle familiarization in recent years.

Un possible!

Some regiments still conduct annual pistol qualifications and as of this year are authorized to carry a concealed weapon if licensed to do so.

The mission of the TXSG doesn't really necessitate the carrying of arms. Lifting the restrictions on CCW has helped to alleviate personal safety concerns.
You don't need a state issued M4 to sling MRE's, man a shelter, or load ecav transport.

As for the TSM, TCM, or any other "militia" besides the TXSG actually working with the state in times of disaster in an official capacity I'll believe it when I see it.
The only military organizations that work with the state are members of the Texas Military Department (formerly the Texas Military Forces).
Yes, I'm aware that most of them tout "disaster assistance " in their "mission statement ". Id be interested to know who (if anyone) has called on them to assist.

What about when federal law states the militia is any able bodied man between the ages of 17 and 45?

The Texas State Guard does good work.  They just finished a joint mission last week in the Rio Grande Valley with the US Army Reserve providing medical care for underserved citizens.  No M4's were needed.

I believe that is what's commonly referred to as the "unorganized militia" as in "those not currently serving"

Yep, able-bodied 17-45 year-old males are the unorganized militia. The organized militia is the National Guard and authorized title 32 state militias like the TX State Guard.