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Is The Militia Legal?
 

Invariably, despite all the needed proof that is plainly laid out about the legality of the militia. This question continues to be asked. The answer is YES, it is legal. It has been so for over 200 years. It is covered under USC Title 10,Section 311a, b1-2. Furthermore it is also covered by the right to bear arms, peaceably assemble, and freedom of speech. The U.S. Constitution prohibits the government from interfering and/or infringing on these rights. Moreover, the Geneva Convention, Hague Protocols, International Law, Laws of Land Warfare, Federal Law, and Nebraska State Law specifically provide for militias with or without state recognition. The National Guard is also considered a militia, though they no longer are used in that capacity.

THE LAW

USC TITLE 10, SEC 311 a,b1-2

From the U.S. code online via GPO Access

[wais.access.gpo.gov]



[ Laws in effect as of January 2, 2001 ] [ Document not affected by Public Laws enacted between Jan. 2 2001 and Jan. 28, 2002 ]
[ CITE. 10 USC311 ]
TITLE 10—ARMED FORCES
Subtitle A—General Military Law
PART1—[ORGANIZATION AND GENERAL MILITARY POWERS CHAPTER 13—THE MILITIASec31]. Militia. composition and classes.
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—
the organized militia, which consist of the National Guard and the Naval Militia, and
the unorganized militia, which consist of the members of the militia who are not members of the National Guard or the Naval Militia.


[Aug 10,1956, ch. 1041, 70A Stat. 14, Pub. L.85-861, Sec. 1(7), Sept. 2, 1938. 72 Stat. 1439; Pub. I. 103-160.div. A. title V, Sec. 524(a). Nov. 30 1993, 107 Stat. 1656.] Historical and Revision Notes

1956 Act

Revised section Source (U.S. Code) Source (Statues at Large )
311(a) 32:1 (less last 19 words) June 3, 1916, ch. 134. Sec. 57, 39
311(b) 2:1 (last 19 words) Stat. 197; June 28, 1947, ch. 162, 7 (as applicable to Sec. 57 of the Act of June 3,
1916, ch. 134), 61 Sat. 192.
In subsection
(a) the words "who have made a declaration of intent are substituted for the words, "who have or shall have declared their intention". The words "at least 17 years of age and*** under 45 years of age" are substituted for the words "who shall be more than seventeen years of age and *** not more than forty-five years of age". The words "except as provided in section 313 of title 32" are substituted for the words "except as hereinafter provided", to make explicit exception as to maximum age.
In subsection
(b), the words, "the organized militia, which consists of the National Guard and the Naval Militia" are substituted for the words " the National Guard, the Naval Militia" since the National Guard and the Naval Militia constitute the organized militia.
1958 Act
Revised section Source (U.S. Code) Source (Statutes at Large).
311(a) 32 App. 1. July 30, 1956, ch. 789 Sec. 1. 70 Stat. 729
The words "appointed as… under 4 of this title" are omitted as surplus adage.
1993—Subsec. (a). Pub. 1.. 103-160 substituted "members" for "commissioned officers".
1958 Subsec. (a). Pub. 1..85-861 included female citizens of the United Stated who are commissioned officers of the National Guard.

State of Nebraska Statutes
Section 28-1480
Terms, defined.

As used in sections 28-1480 to 28-1482, unless the context otherwise requires:
(1) Civil disorder shall mean any public disturbance involving acts of violence which causes an immediate danger of or results in damage or injury to persons or property;
(2) Explosive or incendiary device shall mean (a) dynamite and all other forms of high explosives, (b) any explosive bomb, grenade, missile, or similar device, and (c) any incendiary bomb or grenade, firebomb, or similar device, including any device which (i) consists of or includes a breakable container including a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound and (ii) can be carried or thrown by one individual acting alone; and (3) Firearm shall mean any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
Source:
Laws 1986, LB 772, § 1
~ Reissue Revised Statutes of Nebraska
Section 28-1481
Acts prohibited.
It shall be unlawful within the boundaries of this state:
(1) For any person to teach or demonstrate to any other person the use, application, or making of any firearm or explosive or incendiary device capable of causing injury or death to persons when such person knows or has reason to know or intends that such information or ability will be unlawfully employed for use in or in furtherance of a civil disorder; or
(2) For any person to assemble with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm or explosive or incendiary device capable of causing injury or death to persons when such person intends to unlawfully employ such training, practice, or instruction for use in or in furtherance of a civil disorder.

Source:
Laws 1909, c. 90, § 68, p. 385
R.S.1913, § 3966
C.S.1922, § 3364
C.S.1929, § 55-182
R.S.1943, § 55-188
Laws 1969, c. 459, § 74, p. 1605
R.S.1943, (1984), § 55-176
Laws 1986, LB 772, § 2
~ Reissue Revised Statutes of Nebraska
Section 28-1482
Violation; penalty.
Any person violating section 28-1481 shall be guilty of a Class IV felony.
Source:
Laws 1909, c. 90, § 69, p. 386
R.S.1913, § 3967
C.S.1922, § 3365
C.S.1929, § 55-183
R.S.1943, § 55-189
Laws 1969, c. 459, § 75, p. 1605
Laws 1977, LB 39, § 54
R.S.1943, (1984), § 55-177
Laws 1986, LB 772, § 3
~ Reissue Revised Statutes of Nebraska