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G26ster wrote:The term United States Army has changed over time. Here is a quote from wikipedia, which I believe to be true:

"Currently, the army is divided into the Regular Army, the Army Reserve, and the Army National Guard. The army is also divided into major branches such as Air Defense Artillery, Infantry, Aviation, Signal Corps, Corps of Engineers, and Armor. Before 1903 members of the National Guard were considered state soldiers unless federalized (i.e., activated) by the President. Since the Militia Act of 1903 all National Guard soldiers have held dual status: as National Guardsmen under the authority of the governor of their state or territory and, when activated, as a reserve of the U.S. Army under the authority of the President."

The Annoyed Man wrote:

kman458 wrote:Read USC title 10 section 311
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.

Here's the problem, and this just my feelings in the matter and I realize that it has no weight of law: I am 60 years old, and I am not entirely able-bodied. So by the above definition, I am no longer a part of the militia; and that breaks my heart because in my mind and my heart, I am very much part of it. I may not be able to run with a carbine and keep up with the young folks, but I have useful skills....not the least of which is being patient with young folks. And I can shoot, and teach others to shoot, but my heavy lifting days are behind me. I find myself at that "old dog" stage of life where the spirit is willing, but the body no longer is, and it is hard to give that up. I don't want to be "just another old man in the rear." If anything, I am more committed today to my love of country than at any other time previously. It bothers me that the U.S. code discriminates against me because of my age, and it bothers me that my age makes me less useful to my country.

RoyGBiv wrote:

kman458 wrote:Read USC title 10 section 311

Also Texas Government Code chapter 431
Subchapter A 431.000, 431.010
Subchapter D 431.051
Subchapter F 431.081

When you cite stuff like that, it's polite to provide links
http://uscode.house.gov/download/pls/10C13.txt" onclick="window.open(this.href);return false;
http://www.statutes.legis.state.tx.us/D ... GV.431.htm" onclick="window.open(this.href);return false;

TX could redefine the "Texas Militia" in it's own way by rule of law.
In fact, TX could choose to add an entire new class (see Sec. 431.001) to accomplish the job.

None of this is insurmountable for a determined legislature.

Seems to me to be a rather creative way to flout a Federal ban. Not sure it would stick, but, arresting Federal officers won't stick either and States are working to pass those laws.. Just to make a point.