Constitution, Militia, Citizen, 2nd Amendment
Constitution, Militia, Citizen, 2nd Amendment
California State Militia Volunteers
California State Militia Volunteers

By Laws

The California State Militia Volunteers is a legal, unorganized civilian militia as authorized by the U.S. Constitution, Bill of Rights, and the California State Constitution. We are also NOT a paramilitary force or group as defined by CA Law

 

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.

 

Definition of "paramilitary group" CA Penal Code 11460

THE CSMV, IS IN NO MANNER, INTENT, OR DESIGN, INTENDING TO BE ANY OF THE FOLLOWING ITEMS WITHIN THIS PENAL CODE, AND WILL CONTINUE TO DENOUNCE SUCH ATTITUDES AND BEHAVIORS

 

(a) Any two or more persons who assemble as a paramilitary organization for the purpose of practicing with weapons shall be punished by imprisonment in a county jail for not more than one year or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.

As used in this subdivision, “paramilitary organization” means an organization which is not an agency of the United States government or of the State of California, or which is not a private school meeting the requirements set forth in Section 48222 of the Education Code, but which engages in instruction or training in guerrilla warfare or sabotage, or which, as an organization, engages in rioting or the violent disruption of, or the violent interference with, school activities.

 

(b) (1) Any person who teaches or demonstrates to any other person the use, application, or making of any firearm, explosive, or destructive device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that these objects or techniques will be unlawfully employed for use in, or in the furtherance of a civil disorder, or any person who assembles with one or more other persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive, or destructive device, or technique capable of causing injury or death to persons, with the intent to cause or further a civil disorder, shall be punished by imprisonment in the county jail for not more than one year or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.

 

1.0 MISSION: 

To uphold and defend: The Constitution of the United States of America, and the State of California, including the United States 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 support to our communities in the event of any state and/or national disaster or emergency, through the participation in CERT, local town activities and in support of our local governments and County Sherriff

To vehemently oppose inciteful or militant behavior from ANY individuals or organizations that espouse violent actions or behaviors.

 

2.0 GOALS:                                                                                              

It is the goal of the 2nd Regiment to:

a) PRESENT to all people as a non-political, non-extremist, well-regulated, trained, equipped, and knowledgeable militia unit consisting of ordinary citizens rather than professional soldiers.

b) ASSIST all citizens in event of natural disasters, for civil defense, and in defense of self and our great state.

c) MAINTAIN cohesive identifiable command structure capable of giving and following lawful instructions and being able to perform a multitude of tasks as needs arise.

d) TRAIN members in skills necessary to the function of a community organization, militia, and individually. Including: Conflict Resolution, Critical Thinking, US Constitutional History, First Aid, Land Navigation, Emergency Preparedness, and Community Service.

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

f) INFORM members of local, national, and global events which would imperil the State and/or Nation and potentially interfere with the ability of our great nation to continue to operate as intended by the Constitution.

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

h) UPHOLD 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 to the U.S. and State Constitutions, our unit, and our fellow citizens.

Duty - Performing tasks as assigned to the best of your ability. Fulfill obligations.

Respect - All individuals, surroundings, and community.

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

Humility & Honor: The integrity to see the truth and admit mistakes.

Integrity - A personal quality, a moral compass that does not waver

Personal Courage – The quality of spirit, that enables us to face fear, danger, or adversity.

 

3.0 UNIT STRUCTURE:

3.0.1 General membership shall consist of members within a region designated to serve together as a unit. Such units may be described as Battalions, Companies, or Detachments. Such designations are determined by the existing Commanders agreement in a minimum 80%. Each unit must at a minimum have 2 leaders, one (1) Officer, and one (1) NCO.

3.0.2 It may be necessary to add or increase units. In this event, the CSMV Command Committee shall discuss, develop, and implement necessary unit realignment or changes.

 

3.1 Command Staff: Rank insignia determined at BN/company level

3.1.1 For CSMV Command decisions, a committee is utilized. This CSMV Command Committee will consist of ALL Commanders within the CSMV. All CSMV matters which require a command decision shall be completed by this committee with a minimum 80% consensus of any particular matter. If a consensus cannot be reached at 80% within a reasonable time frame, then the issue will be presented to the entire active membership for CSM vote at a consensus of 80% across all membership in good standing. The 80% per unit requirement is for a company to vote on an issue.  Meaning each company has 1 vote, based on 80% of the membership. This will promote cooperation within the committee in order to speed decisions and avoid delays of a general membership decision.

 

3.1.2 For administrative actions, IE. SOP’s, Training Standards, Militia Field Training Manuals (FTM), an Adjutant Team is used to maintain all necessary administrative tasks for the regiment.  These tasks include Press releases, training standards, qualification records, and other administrative requirements.

 

3.1.3 The Adjutant team shall consist of one (1) Company Commanders from each Battalion or their designee, and each BN Commander.

The Adjutant Team shall reach 80% consensus on all matters in order for them to become effective and enforceable. If the Adjutant Team cannot reach 80% consensus, then the matter will be referred to the Command Committee for decision. If at that time neither the Adjutant Team nor CSMV Command Committee cannot decide, the matter will be referred to vote by ALL members in good standing.

 

3.1.5 Battalion Command Staff is comprised of officers and enlisted members selected from existing members within companies assigned to the Battalion on a member majority consensus 80%.  The terms of said staff shall continue for 2 years at which time elections shall be held to determine unit command staff. (See item 3.5)

 

3.1.6 Company Command Staff is comprised of officers and enlisted members selected from existing members on a member majority consensus 80%.  The terms of said staff shall continue for 2 years at which time elections shall be held to determine unit command staff. (See item 3.5) The command structure of the unit is amendable as needed based on unit growth

 

3.1.7 Qualifications for BN Level command positions (BN CO, SGM): Members of the regiment that have had any of the following are eligible to be voted into BN Command positions: All CO, 1SG, XO, PSG. This prerequisite is to ensure a level of experience in leadership, training standards, and administration of all Regimental SOP’s, and standards are obtained prior to obtaining a BN Level command position.

 

3.1.8 Qualifications for election into CO leadership positions are as follows with certain exceptions. All members in good standing with experience in a leadership position within the Regiment are eligible to be voted as a CO or 1SG. It is recommended but not required that they should have held a leadership position for a minimum of 1 year in order to understand the duties and obligations within the regiment.

 

3.1.9 Qualifications for any other position of leadership shall be determined by the chain of command in the unit with a direct observational history of leadership qualities, motivation, and dedication. New members (less than 1 yr.) are not prohibited from being assigned a leadership position, however upper echelon positions such as CO, 1SG, XO, PSG are not eligible for new members and are recommended to come from existing and established membership.

 

3.1.10 Exceptions to Qualifications may be granted with the approval of Command Committee one Echelon above.

 

3.1.11 Any Member of the CSMV holding a leadership position that is elected to a BN level Command Position, shall relinquish said position to serve on BN Command staff.

3.2 Command Staff Duties/Responsibilities

Position

Duties

BN Commander

Commands and controls units that are assigned, attached, or under operational control.

Provides subordinates with missions, taskings, and a clear statement of intent.

  • Establishes BN policies, procedures, and SOPs.
  • Ensures that unit readiness is maintained.
  • Serve as liaison to Community Officials

Provide subordinates with clear and concise vision

Make timely and effective decisions.

Understand capabilities and limitations of organization.

Motivate and direct soldiers and leaders into action to accomplish mission.

BN SGM

(Sergeant Major)

The Sergeant Major is the senior NCO in the Battalion.

Responsible for providing the commander with personal, professional, and technical advice.

Focused on operations, training, and on how well commander's decisions and policies are carried out.

Senior trainer in organization.

Works with company commanders teaching and training first sergeants and platoon sergeants.

Maintains contact with subordinate and attached unit NCOs.

BN XO (if needed)

BN commander's principal staff officer, second in command.

Directs staff tasks, conducts staff coordination, and ensures efficient and prompt staff response.

Transmits the commander's decision to staff sections and to subordinate units as needed.

Represents commander during absence, directing action IAW established policy and guidance.

Monitors overall operations, ensures reports are rendered, as necessary.

Supervises planning of future operations and provides commander with situational assessments as needed.

Receives and analyzes information from a wide variety of sources that might be useful to commander.

Commanders

The company commander is responsible for training, safety, security, and discipline of members, and responsible for mission accomplishment.
Directs and supervises all phases of operations and employment of the unit.
Assisted and advised by officers and key NCOs in performing duties.
The following are among the commander's most important duties and responsibilities:

  • Leads company by planning, directing, and supervising company operations to accomplish mission.
  • Establishes unit policies, procedures, and SOPs.
  • Ensures that unit readiness is maintained.
  • Serve as liaison to Community Officials

Executive Officer

(XO)

The XO is the commander's principal staff officer. Is second in command. The XO also performs the following:

  • Transmits the commander's decision to staff sections in name of commander to subordinate units as needed.
  • Represents commander during absence, directing action IAW established policy and guidance.
  • Receives and analyzes information from wide variety of sources that might be useful to commander.
  • Ensure Commander’s Intent is expressed to lower echelons of command
  • Performs duties of Commander in his/her absence

1SG

The First Sergeant is the senior NCO in the company and assists company commander in execution of mission. First Sergeant must understand company's mission and be able to adjust administrative requirements to aid in accomplishing that mission. The first sergeant performs the following:

  • Manages company headquarters.
  • Coordinates company activities.
  • Assumes duties of company commander, in absence of all company officers.
  • Maintains duty rosters, Supervises company training as the senior trainer.
  • Oversee Training/Leader Development

PL

The platoon leader is responsible for planning patrol routes, assigning tasks, and positioning and employing members under command.

PSG

The Platoon Sergeant is the senior NCO in charge of the platoon. Following guidance of the Platoon Leader. The platoon sergeant also performs the following:

  • Supervises, through squad leaders
  • Coordinates squad training and operational activities.
  • Inspects platoon defensive perimeter in bivouac and takes corrective action when appropriate.
  • Enforces safety rules and techniques.
  • Identify/Develop personnel to fill leadership roles in lower echelon NON-VOTED positions
  • Ensure training conducted follows standards

3.3 Personnel:

3.3.1 Rank insignia is determined at company level. Positions within each company are determined by the needs of each unit. All Units will develop and publish an SOP regarding positions, equivalent grades assigned, and eligibility for such. Rank insignia will be determined by each unit drawing from either US Army or USMC (Land Based military)

3.3.2 Exception to unit decision of rank: For specialty assigned members such as: chaplain, drone pilot, photographer, Regimental guidelines designate the rank insignia of US ARMY, Specialist 4 be used for these individuals. This rank is issued as an identifier and not for positions of authority. (Non-NCO)

3.3.3 2nd Regiment recruits wear no rank until such time as they meet basic requirements.

Rank authority follows typical military standards.

 

3.4 Authority:

3.4.1 All positions are given their authority by members. The Leaders and those they lead must work together while maintaining discipline and mutual respect. All members are expected to support and follow lawful orders and directives of the Chain of Command.

3.4.2 If a member feels compelled to disobey or openly reject the Chain of Command, that member should immediately withdraw, 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.

3.5.1 Leadership positions in individual units within the regiment are not permanent positions. All results of elections shall be filed with the Adjutant Committee to ensure recording of member votes.

3.5.2 All elected command staff that is voted to a higher position will relinquish command control previously held, and an election for their replacement will occur immediately (See paragraph 3.5.5)

3.5.3 All Units in the Regiment will develop and publish an SOP to determine the method of election.

3.5.4 Upon completion of the selected terms of service individuals may, at the discretion of command, be returned to rank previously held, as determined by force needs, provided they have not been voted to the same or higher position.

3.5.5 Elections must be held a minimum of every 2 years to ensure confirmation of members' desires.  When an elected leader leaves the militia or 75% of members desire new leaders after the 2yr minimum term, elections may be held on the following dates: On or near: 10 April, Officers and 10 October NCOs. In the event of departure between voting times, votes shall take place within 60 days after such event occurs.

ELECTED BY BATTALLION MEMBERSHIP

1: Battalion Commander, (O4)

1: BN SGM, (E9)

ELECTED BY COMPANY MEMBERSHIP

1: Company Commander, (O3) (for smaller units, commander may hold 2LT or higher)

1: 1SG, (E8) (for detachments Senior NCO may be E6)

ELECTED BY PLATOON MEMBERSHIP

1: PL, (Platoon Leader) Rank (O1)

APPOINTED

1: BN XO, Minimum Rank (O3) Chosen by BN Commander)

1: XO, Minimum Rank (O2) (Chosen by Commander)

1: PSG, Minimum Rank (E6) (Chosen by PL)

4: Squad Leaders, Minimum Rank (E4) (Chosen by PL and PSG)

 

4.0 MEMBERSHIP:

4.0.1 Membership in the California State Militia Volunteers is open to any citizen over the age of 17 regardless of sex, race, religion, physical characteristic, political stance, or national origin. Membership is contingent or the passage of background clearance and personal interview. Membership is voluntary and continues until the member withdraws or is dismissed by proper authority.

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

4.0.3 In order to be a member of the unit and participate in field training exercises all individuals must within 30 days without exception provide proof of state/federal firearms eligibility using ONLY the following methods: A Firearms Safety Test Card IS NOT ACCEPTABLE

1) Valid CCW permit or employment that requires background checks.

2) DROS approved confirmation within last 24 months or DROS approved Ammunition Sale

3) An Approved California State Personal Firearms Eligibility Check

4) An Approved DROS ammunition background purchase

These are the only methods available for verification of eligibility without exception and must be verified every 5 years

 

4.1 Types of Membership:

a) Recruit- A new member that has completed new member paperwork and is attending a training exercise for the first time or has attended less than 3 trainings, or has not completed level 1 training.

          1) Recruits have no authority or decision rights in the units

b) Member- An active participant in CSMV activities. Active defined as attending training regularly, maintaining communication within the unit, abiding by the rules and regulations, having completed the appropriate 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 member consensus.

c) Supporter - An individual who may choose to remain anonymous. A supporter does not take the oath, has no voting rights, and has no input or influence on the operations of the CSMV.

d) Advisor – An individual that has chosen to offer knowledge and experience but not considered an active member for voting purposes

e) Inactive-- A member of CSMV in inactive status is a member that has:

1) Been absent from training for a period of 3 consecutive months

2) Requested inactive status for a period of more than 2 months 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 selection voting authority at sole discretion of command staff

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.

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

1) Resigned from CSMV whether in writing, orally or otherwise

2) Has been absent from training for a period of more than 4 months in a single calendar year. Exception:  Members who voluntarily choose inactive status but do not exceed limitations of inactive memberships. Members who have brought their issue to the chain of command and have been granted exception

Members who are dropped from rolls can rejoin the CSMV provided they complete a new firearms check, and a new probationary period.

 

4.2 Withdraw/Suspension/Dismissal:

a) Withdrawal

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

b) Suspension/Dismissal

1) After the probationary period, a member may be suspended/dismissed from membership for cause.

a) Suspension of a member is allowed for 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 shall be performed in an expedient manner so not punish an innocent individual. The review may be performed via teleconference, in person, or other live methods available.

ii) Suspension review must include the following members at a minimum: 2 Officer, 2 Senior Enlisted, 2 peer of members choice

v) Members may present evidence and pose questions in their defense during such review.

vi) Decisions must meet 80% vote from the Panel for decision.

vii) Members may appeal ONLY once within 15 days of notice of decision. Appeals must be in writing.

 

4.3 Conduct:

4.3.1 Members are encouraged to live exemplary lives as outlined in the CSMV Code of Conduct and the laws of the State of California. Blatant violation of the law places the legitimacy of the CSMV at risk. One member can jeopardize the Civilian militia by illegal acts when those wishing to discredit us look for such opportunity.

Therefore, to protect the body as a whole, members will be subject to a Dismissal Action Panel IAW Paragraph 4.2

4.3.2 Members may be considered for dismissal for such acts that would discredit the CSMV or place the CSMV at legal risk. The accused will stand in their defense. No dismissal action will be started unless supported by at least two (2) witnesses. The maximum penalty for any offense will be permanent dismissal from the CSMV. After presentation of evidence the convened panel will vote on an action.

4.3.3 Any member may voluntarily withdraw at any time without prejudice for conscience sake. In such case, all issued equipment must be returned.

4.3.4 It shall also be the right of each member to appeal to authority within the direct chain of command regarding grievances. In every case (except direct violations of law) however, the CSMV member shall follow the order or directive first and make his appeal afterward.

 

4.4 Recruitment:

4.4.1 Under no circumstances are members permitted to discredit the CSMV by pressuring citizens to join or contribute material/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 or exception. No Quid Pro Quo under ANY circumstances

 

5.0 OATH OF MILITIA MEMBERS:

All members will be required to take an oath and sign it.

“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; I will bear true faith and allegiance to the same; I will obey the lawful orders of those appointed over me, I take this obligation freely, without any reservation or purpose of evasion”

 

6.0 UNIFORMS AND EQUIPMENT:

6.0.1 Members of the CSMV are encouraged to procure and maintain items of uniform and equipment. When in uniform, members represent the CSMV. Therefore, members uniforms will be clean, buttons buttoned, shirts tucked in, and patches either attached with Velcro or sewn on properly. Proper impression is especially important to the public.

6.0.2 The primary weapon of a CSMV member will be the mind. Clarity of mind allows for rational thought and actions. Secondary to this and as a means of protection ONLY, is the rifle. Caliber is at the member’s discretion; however, it must be in accordance with the law. It will be required of all members to have their own rifle, ammunition, and equipment. Members are always required to remain proficient in the maintenance and safe operation of the rifle and to have a minimum of 400 rounds of ammunition and 150 rounds per sidearm available.

6.0.3 Equipment shall consist of necessary items to be determined, based on assignment. Equipment will always be kept available for rapid deployment by the member. If a member is restricted to limited funds, priority is proper uniforms and basic equipment rather than exotic military hardware. A professional image is more creditable than a lot of neat toys.

6.0.4 Members ARE expected to obey all Constitutional Federal, State and Local firearms laws. Members carry firearms during certain training. Only in articulable defense will a member discharge their weapon. Members are expected to abide by all hunting rules and regulations pertaining to the use of firearms.

 

7.0 COMMUNICATION:

In the case of any disaster, threat or invasion, the role of communication is critical. Therefore, radio and ham radio will be the principal forms of communication for the CSMV. Members should obtain a basic HAM license.

 

8.0 ASSEMBLY/MEETINGS:

Members must discipline themselves to set aside time each month, for assembly. The CSMV trains EVERY 3rd weekend (Sat/Sun) of each month. Occasionally the weekend may change based on holiday or other needs. Members will be notified of actual assembly times and places. While it is intended that the CSMV intrude as little as possible in the private lives of its members, it is also clear that individual members are volunteers and have made a commitment to the CSMV and must be ready to meet periodically and to deploy as the need arises.

 

9.0 STANDARD OPERATING PROCEDURES (SOP)

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 discipline that is being developed as an SOP.

9.1   Units may choose to use current Regimental SOP’s or develop and publish SOP’s specific to their units’ operations and will maintain a printed version which is kept in a binder readily available for review at all trainings.

          Unit SOP’s may “Add To” an SOP as an enhancement, however, the unit may not negate any order, procedure, or rule in such SOP’s.

 

10.0 AFFILIATIONS

10.1 At this time, the CSMV shares no affiliations with any Militias in the State of California

10.2 The CSMV further will not affiliate with or support any organization that advocates, trains, or espouses the overthrow of the government, violence against citizens, trains with the intent of altercation against citizens exercising their right to protest and voice grievances.

          10.3 The CSMV also will not affiliate or support organizations that attempt to train, represent behave, or represent an authority to act in a Law Enforcement capacity, including training designed specifically for such use.

          10.4 Any affiliations of the CSMV will remain in accordance with ByLaws and not be based on political beliefs, ideological constructs, or discrimination. At all times, the support of Law Enforcement, Just Government, and Constitutional Law IS the focus.

 

 

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