Constitution, Militia, Citizen, 2nd Amendment
Constitution, Militia, Citizen, 2nd Amendment
2nd Infantry Regiment, California State Militia
2nd Infantry Regiment, California State Militia

By Laws

The 2nd Regiment of the California State Militia is a legal, unorganized civilian militia as authorized by the U.S. Constitution, Bill of Rights and the California State Constitution

 

Justifications:

Second Amendment:  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.

California Military and Veterans Code §120 to §130.                                                                       

 

Definition of Unorganized Militia per California Military and Veterans Code §121

The unorganized militia consists of all persons liable to service in the militia, but not members of the National Guard, the State Military Reserve, or the Naval Militia.

 

1. MISSION:

To uphold and defend: The Constitution of the United States of America, The Constitution of the State of California, and the Bill of Rights: seen as inalienable, and given by our creator to free men that they may remain free.

To support our County Sheriff's Department. To ensure that all citizens-- regardless of race, color, religion, sex, physical characteristics, or national origin -- shall have the right and opportunity to due process of the law as established and guaranteed by the Great Document which guides this Great Nation.  

To provide emergency support to our communities in the event of a natural disaster through the participation in CERT, local town activities and in support of our local governments and County Sherriff

 

2. GOALS:

It is the goal of the 2nd Regiment to:

a) PRESENT itself to the citizens of this state as a well-regulated, well-trained, well-equipped, and a knowledgeable militia unit consisting of ordinary citizens rather than professionals.

b) ASSIST citizens in the event of natural disaster, in civil defense, and in the defense of self and our great state.

c) ESTABLISH a cohesive command structure capable of not only giving but also following instructions and being able to perform a multitude of tasks as needs arise.

d) TRAIN its membership in many disciplines necessary to the function of a militia as a whole, and as members individually. Including but not limited to: First Aid, Land Navigation, Emergency Preparedness, and Community Service to name a few.

e) EDUCATE members with a knowledge of this nation’s early history, and how that history reveals just how man’s will to be free, played such a powerful role in developing the firm resolve for just laws, a high respect for strict morals, and our divine right of free choice, which became the envy of every nation on earth that yearned for freedom.

f) INFORM its members of local, national, and global events which would imperil the Constitution and impact the direction of the country.

g) ENCOURAGE its members to stand against all tyranny which potentially threatens to undermine our form of government, our freedoms and these United States of America.

h) UPHOLD pure constitutional rule of law whereby all citizens have the right to trial by a jury of their peers in a court of law.

 

2.1 Our Core Values

(Adapted from US Army Leadership)

Loyalty - unwavering support and allegiance directed towards to the U.S. Constitution, the State Constitution, your unit and other Patriots

Duty - Performing whatever task is assigned to you to the best of your ability. Fulfill your obligations.

Respect - Respect does not only extend to individuals but also to your surroundings and equipment. Treat people, places and things as they should be treated.

Selfless Service - Place the welfare of the Nation, the State, the Militia and your fellow citizens before your own.

Humility & Honor: The integrity to see the truth and admit mistakes. To do what is morally sound at all times. Without humility there can be no honor.

Integrity - A personal quality of fairness that all members should aspire to. A personality trait that means a person has a moral compass that doesn't waver.

Personal Courage – The quality of spirit, that enables us to face danger, or pain, without showing fear. Face fear, danger, or adversity [physical or moral].

 

3. UNIT STRUCTURE:

In order to achieve the goals listed above, a Command Staff has been implemented. The general membership shall consist of a single company until such time as membership grows to merit larger elements.

 

3.1 The Company Command staff: (represented by USMC rank insignia)

Initial Command Staff is comprised of officers and enlisted members selected from initial existing members.  The terms of said staff shall continue until first elections are held on 10 April 2016 (Enlisted) and 10 October 2016 (Officer). Currently, (Sep2015), the command structure of the unit is as follows and is amendable as size of unit grows:

 

1: Company Commander, 1LT, (O2)

1: XO, 2LT, (O1)

1: PSG SSG (E6)

4: Squad Leaders (E4 and E5)

 

A unit is considered company size under the following conditions. 1) Member count reaches 32, 2) The creation of an additional unit will not reduce the main unit in size below 25, and 3) a consensus vote of no less than 80% of command staff members of existing unit.

Once the base unit has grown and when size merits, these positions and ranks will be voted in and implemented to further add command staff.

 

The Regimental Commander will hold the rank of COL (O-6)

The Battalion Commander will hold the rank of Major (O-4)

The Company Commander will hold rank of Captain (O-3)

The Executive Officer will hold rank of 1st Lieutenant (O-2)

The Comms, Public Info, Special Ops personnel will hold the rank of Sergeant (E-5)

Staff Officer Positions: S-1, S-2, etc. shall hold the rank of Warrant Officer (W-1)

All Advisor positions will hold the rank of 2LT (O-1)

The Battalion/Regiment Command NCO will hold rank of Sergeant Major (E-9)

The Company Command NCO will hold the rank of 1st Sergeant (E-8)

 

 

3.1.1 Command Staff Duties/Responsibilities

Command staff shall have responsibilities commensurate with their position and rank.  Below is a short list. 

 

Position

Duties

Regimental Commander

Provide direction to Battalion Commanders

Serve as liaison to State Officials

Battalion Commander

Provide direction to Company Commanders

Serve as liaison to County Officials

Commander

Delegate and develop key training issues to subordinate command members

Serve as liaison to City/County Officials

XO

Ensure Commander’s Intent is expressed to lower echelons of command

Performs duties of Commander in his/her absence

Key advisor to CO regarding mission, training, and other areas as needed

Regiment/Battalion Sergeant Major

Primary Training NCO for Command Echelon

Utilizes Commanders intent to develop training matrix

Provide Guidance to lower echelon commands

1SG

Primary Training NCO

Utilizes Commanders intent to develop training matrix

Oversee training plans/OPORD/Recruitment efforts

PSG

Identify Key personnel to fill leadership roles in lower echelon NON VOTED positions

Ensure training conducted by squads follows set standards

 

 

3.2 Field Officers: (represented by USMC rank insignia)

All Field Officer Ranks other than Platoon Leaders will be assigned according to the task performed.

 

3.3 Enlisted Personnel: (represented by USMC rank insignia and one US Army See table)

Platoon Leaders hold the rank of 2nd Lieutenant (O-1)

Platoon Sergeants hold the rank of Staff Sergeant or Gunnery Sergeant (E-6, E-7)

Squad leaders hold the rank of Sergeant or Staff Sergeant (E-5, E-6)

Fire Team leaders hold the rank of Corporal. (E-4)

Specialty members: Photographer, Chaplain, (E-4)(US ARMY, Specialist Non-NCO))

All other members hold the rank of Rifleman. (E-1, E-2, E-3)

2nd Regiment recruits will wear no rank until such time as they meet basic requirements.

 

Rank authority as follows lowest to highest:

Enlisted

Officer

Recruit

W-1 Warrant Officer WO1

E-1 Rifleman (PVT USMC)

O-1 Second Lieutenant 2LT

E-2 Rifleman (PFC USMC)

O-2 First Lieutenant 1LT

E-3 Rifleman (LCPL USMC)

O-3 Captain CPT

E-4 Specialist SPC (ARMY)

O-4 Major MAJ

Non-Commissioned Officers

O-5 Lieutenant Colonel LTC

E-4 Corporal CPL

O-6 Colonel COL

E-5 Sergeant SGT

 

E-6 Staff Sergeant SSG

 

E-7 Gunnery Sergeant GYSG

 

E-8 First Sergeant 1SG

 

E-9 Sergeant Major SGM

 

3.4 Authority:

Officers and Noncommissioned Officers are elected and appointed to command and support positions and are given their authority by members.

All members are expected to support and follow the lawful orders and directives of the Chain of Command.

Trust and teamwork are the cornerstones of our organization. If a member feels compelled to disobey or openly reject the Chain of Command, that member should immediately withdraw from the militia, without prejudice.

Provisions are available to remove members who discredit the militia. (See item 4.2)

 

3.5 Command staff selection and duration of office.

Key positions for command are elected by greater than 80% majority. All Command staff shall serve a 60-day probationary period and, upon successful completion of such, shall be awarded the rank commensurate with the elected position.

Upon successful completion of their elected term of service, said individuals shall return to the rank previously held, provided they have not been voted to the same or higher position.

 

Positions are as follows: 

Officer: Commanders, Battle Staff, Platoon Leaders (Regiment, Battalion, Company)

NCOs: Sergeant Major, 1st Sergeant, Platoon Sergeant (Regiment, Battalion, Company)

Staff is elected upon annually, alternating voting periods of:

On or near 10 April (Command NCO’s)

On or near 10 October (Command Officers)

The First of such elections shall take place on or around 10 April 2016 for Enlisted positions and 10 October 2016 for Officer Positions. Voting shall then proceed subsequently on an annual alternating schedule as described previously.

 

4. MEMBERSHIP:

Membership in the 2nd Regiment, California State Militia shall be open to any citizen over the age of 17 regardless of sex, race, religion, physical characteristic or national origin. Membership is voluntary and will last until the member withdraws or is dismissed by proper authority.

All militia members will be required to provide information about his/her self in order to best utilize their experience and background. Information provided will be kept confidential and will be used only for the functioning of the unit.

In order to be a member of the Unit and Participate in Field Training Exercises involving weapons, all individuals must within 30 days without exception provide proof of state/federal firearms eligibility using any one of the following methods:

1) Valid California State CCW permit

2) DROS approved confirmation within the last 6 months

3) An Approved California State Personal Firearms Eligibility Check

These are the only methods available for verification of eligibility without exceptions and must be verified on Bi-Annual Basis (every other year)

 

4.1 Types of Membership:

a) Member-- An active participant in the 2nd Regiment activities, abiding by the rules and regulations of the 2nd Regiment, and having completed the 90-day probationary period, providing information required by the Command Staff, signed and taken the oath.

1) All Active members maintain Voting rights in all matters that require a vote.

2) Active Members will be given an ID card with their name, rank and ID number on it. (In development, completion/launch date approximately Feb/March 2016)

b) Supporter -- An active supporter who chooses to remain anonymous. A supporter does not take the oath, has no voting rights, and has no say in the operations of the 2nd Regiment.

c) Inactive- A member of 2nd Regiment in inactive status is a member that has:

1) been absent from training for a period of 6 consecutive months

2) requested inactive status for a short period due to personal reasons or otherwise;

3) Is not considered in Supporter status.

Inactive members lose voting authority for 6 months following the period of inactivity.

Requested inactive members retain voting authority at sole discretion of command staff which must agree at a margin of 80% regarding voting rights.

Requested Inactive status may only be granted in 6-month intervals for a maximum of TWO (2) 6 month inactive service periods in 3 calendar years.

d) Dropped from Rolls-- A member who has either:

1) Resigned from 2nd Regiment whether in writing, orally or otherwise

2) Has been absent from training for a period of more than 6 months in a calendar year. Exception:  Members who voluntarily choose inactive status but do not exceed limitations of inactive memberships.

Members who are dropped from rolls are allowed to rejoin 2nd Regiment provided they complete a new firearms check, and a new 90 day probationary period.

 

4.2 Withdraw/Suspension/Dismissal:

a) Withdrawal

A member may voluntarily withdraw his or her membership in the militia at any time by notifying the Command Staff, in writing, of their decision.

b) Suspension/Dismissal

1) After the 90-day probationary period, a member may be suspended/dismissed from membership for cause only after a formal hearing by the Chain of Command.

a) Suspension of a member is allowed for egregious violations of law, violence, repeated disciplinary issues and other serious offenses that affect unit cohesion and the units image.

                             b) A member may be suspended by written or verbally verified notice

                             c) A member may request command review of suspension

i) Suspension review must be performed in an expedient manner so as to not punish an innocent individual. The review may be performed via teleconference, in person, or other live methods available.

                                      ii) The review panel must consist of:

1 Officer, 1 Enlisted, and 1 Peer Member.

iii) Members under suspension may serve in their own defense and present their own case or may at their discretion, appoint another member to serve as their defense.

                                       iv) Hearing must include the following members at a minimum:

                                       1 Officer, 1 Senior Enlisted, 2 Peer Members

v) Members shall be allowed to present evidence and pose questions in their defense during such hearing, and are entitled to two peers (of members choosing) to be a sitting member of the panel hearing evidence.

vi) Decisions must meet 75% or 3/4  vote from the Chain of Command/Panel for decision.

vii) Members are allowed to appeal once within 15 days of notice of decision. Appeals must be in writing.

 

4.3 Conduct:

Militia members are highly encouraged to live exemplary lives as outlined in the 2nd Regiment Code of Conduct and the laws of the State of California. Blatant violation of the law places the legitimacy of the 2nd Regiment at risk. Just one member can jeopardize the Civilian militia by illegal acts when those wishing to discredit us look for such opportunity.

Therefore, in order to protect the body as a whole, militia members will be subject to a court martial made up of 2 (two) members of the Command Staff and 3 (three) of the accused peers who will convene to hear the facts of the case before it. Members may stand trial for such acts that would discredit the 2nd Regiment or place the Regiment at legal risk. The accused will stand in their defense. No charge will be brought to court martial unless supported by at least two witnesses. The maximum penalty for any offense will be permanent dismissal from the militia. After counsel the convened Command Staff will vote on action.

Any militia members may voluntarily withdraw from the militia at any time without prejudice for conscience sake. In such case, all issued equipment must be returned. It shall also be the right of each militia member to appeal to authority within the direct chain of command regarding grievances. In every case however, the militia member shall follow the order or directive first and make his appeal afterward.

 

4.4 Recruitment:

Under no circumstances are militia members to discredit the 2nd Regiment by pressuring citizens to join or to contribute material or financial support. All material and financial contributions will be accepted with the clear understanding that the inalienable rights of all will be protected without qualification.

 

5. OATH OF MILITIA MEMBERS:

All militia members will be required to take the oath and sign it, to uphold the Constitution of the United States and the Constitution of the state of California and to protect it from all enemies.

 

5.1 Oath For ALL Members:

“I, (Name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the state of California against all enemies, be they foreign or domestic; that I will bear true faith and allegiance to the same; that I will obey the lawful orders of those appointed over me, that I take this obligation freely, without any reservation or purpose of evasion; and that I will willing and faithfully discharge the duties of the office upon which I am about to enter; for conscience sake; So Help Me God.”

 

6. UNIFORMS AND EQUIPMENT:

As a member of the 2nd Regiment, you are encouraged to procure and maintain items of uniform and equipment. When in uniform, you represent the 2nd Regiment. Therefore your uniform will be clean, buttons buttoned, shirts tucked in, and patches sewn on properly. Proper impression is very important to the public.

 

The primary weapon of a 2nd Regiment member will be the rifle. Caliber is at the member’s discretion however, it must be in accordance with the law. It will be required of all militia members not otherwise opposed for conscience sake, to have their own rifle, ammunition, and equipment.

Militia members are required to remain proficient in the maintenance and safe operation of the rifle and to have a minimum of 500 rounds of ammunition and 150 rounds per sidearm available at all times.

The militia member's equipment shall consist of necessary items to be determined, based on the member's assignment. Thus outfitted, the equipment will be kept available at all times for rapid deployment by the militia member. If you are restricted to limited funds, set your priority on proper uniforms and attire rather than exotic military hardware. A professional image is more creditable than a lot of neat toys.

Militia members WILL be expected to obey all Constitutional state and local firearms laws. Militia members are normally expected to carry military style firearms. Only in self-defense will a militia member discharge his weapon. As with members of organized military units within California, militia members are expected to abide by all hunting rules and regulations pertaining to the use of firearms for that purpose.

 

7. COMMUNICATION:

In the case of a natural or manmade disaster, the role of communication is critical. Therefore, the Citizen Band radio and ham radio will be the principal forms of communication for the 2nd Regiment. Persons taking part in emergency communications should have a valid ham radio operator license.

 

8. ASSEMBLY MEETINGS:

Periodic musters and assemblies are necessary and shall be called to achieve the overall goals of the militia unit. Members must discipline themselves to set aside time each month, for assembly. Militia members will be notified of actual assembly times and places. While it is intended that the militia intrude as little as possible in the private lives of its members, it is also clear that individual members are volunteers and must be ready to meet periodically and to deploy as the need arises. It will be the objective of the staff to infringe as little as possible on the time of militia members, recognizing their responsibilities to their families and jobs.

 

9. AFFILIATIONS:

None at this time.

 

10. STANDARD OPERATING PROCEDURES (SOP)

From time to time, best practices are revealed or known to the unit. At that time, command shall issue written SOP’s. The Command staff developing these SOP’s shall consist of all leaders within that command level. SOP development shall also include any Members skilled in the particular discipline that is being developed as an SOP.

SOP development will at a minimum allow ALL active member suggestive input within a reasonable amount of time.

 

 

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2nd Infantry Regiment, California State Militia

E-mail: californiastatemilitia@gmail.com

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