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 Hannibal Militia Group

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Posts : 375
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Join date : 2009-07-21

PostSubject: Hannibal Militia Group   Sun Dec 19, 2010 2:04 pm

Hannibal Militia Group

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http://is.gd/iU3AK

Hannibal Militia group meets for first time; it's warned using the name 'militia' is illegal in New York


Hannibal, NY -- It looks as though the Hannibal Militia group is a go, but it won’t be called a militia in the future.

During the group’s first meeting Thursday morning, Oswego County Undersheriff Robert Lighthall told the nearly 30 attendees that it is illegal to form a militia in New York state.

He said Section 240 of New York Military Law prohibits a municipality or individual from forming a militia. The only organized militia in the state is the New York National Guard.

Group organizer Jon Alvarez, an Iraq veteran and conservative activist, said he used the name militia as a way to draw more people to the meeting.

“The word ‘militia’ is inflammatory and I knew some would take it out of context,” Alvarez said. “But I used it to get the word out and see where it goes. We’re not about overthrowing the government. We’re all inclusive.”

“Whether it’s a militia, neighborhood watch or mutual assistance group, it doesn’t matter,” Alvarez said.

Others at the meeting were glad the word “militia” will be omitted.

“The word ‘militia’ has a bad connotation,” said Hannibal resident Judy Bixler. “It sounds like we’re all armed and dangerous. But I think we need something like this for our area.”

Alvarez said a new name for the organization will be drawn up at the next meeting sometime after Christmas. The group will announce the new meeting on its Facebook page, Hannibal Militia.

Alvarez said he wanted to know if people thought a watchdog group was a good idea for Hannibal.

The people at the meeting seemed to think it is.

“It’s good for people to know their neighbors,” said Hannibal resident Terry Wilbur, who also is the Oswego County legislator representing the town. “More people need to know what’s going on.”

Hannibal resident David Scott said it’s good to be prepared on any front.

“If (the group) takes the shape of a neighborhood watch, it’s good for all residents,” he said.

Alvarez told the group that he has heard of numerous break-ins at businesses and houses in Hannibal. He said he hopes residents will become more aware of their surroundings, help each other out and keep tabs on their own neighborhoods.

“We want to help you guys out,” Alvarez said to Lighthall. “We know police are stretched too thin. I think it would be great if we’re more proactive.”

For example, he said a local business, Bottings Farm and Home Supply, had been burglarized twice early in the morning.

“OK, if you are a plow guy and you’re out early in the morning, just go out of your way a little bit and drive by,” he said.

“Neighborhood Watch is a tremendous program — it’s neighbors helping neighbors,” Lighthall said. “You should get to know your neighbors and be alert of what’s going on with your neighbors.”

He advised people to always have a notepad and pen next to the phone to jot down any strange occurrences. Then call the sheriff’s office or state police to report what was seen.

“But drop the word ‘militia’ right now. You can’t do that,” he said.

When asked if the group could call itself a militia but in reality run as a neighborhood watch, Lighthall said that would have to be investigated by a lawyer.

“I don’t know. We’d had to delve into that,” he said.

Contact Debra J. Groom at dgroom@syracuse.com, 470-3254 or 251-5586.

_____________________________________

N.Y. MIL. LAW § 240 : NY Code - Section 240: Military parades and organizations by unauthorized bodies prohibited


1. No body of men other than the organized militia and the
armed forces of the United States except such independent military
organizations as were on the twenty-third day of April, eighteen
eighty-three and now are in existence and such other organizations as
may be formed under the provisions of this chapter, shall associate
themselves together as a military company or other unit or parade in
public with firearms in any city or town of this state.
2. No municipal corporation shall raise or appropriate any money
toward arming or equipping, uniforming or in any other way supporting,
sustaining or providing drill rooms or armories for any such body of
men.
3. No body of men shall be granted a certificate of incorporation
under any corporate name which shall mislead, or tend to mislead, any
person into believing that such corporation is connected with or
attached to the organized militia or any unit thereof in any capacity or
way whatsoever. In case any such certificate has been heretofore or may
hereafter be granted, which in the judgment of the adjutant general,
misleads or tends to mislead anyone into believing that such corporation
is so connected or attached in any capacity or way whatsoever, the
adjutant general shall notify such corporation, in writing, to forthwith
discontinue the use of its said corporate name and forthwith take the
necessary steps to change its name pursuant to the statute in such case
made and provided, to some name not so calculated to mislead. In the
event such proceedings are not forthwith taken and completed within six
months from the service of said notice, the attorney general shall bring
an action to procure a judgment vacating or annulling the act of
incorporation of such corporation, or any act renewing the corporation,
or continuing its corporate existence or annulling the existence of such
corporation.
4. Associations wholly composed of soldiers honorably discharged from
the service of the United States, or members of the order of Sons of
Veterans, may parade in public with firearms on Memorial day, or on May
first, known as Dewey day, or upon the reception of any unit of the
organized militia or of the armed forces of the United States returning
from duty or from the active military service of the United States, and
for the purpose of escort duty at the burial of deceased members or
former members of the organized militia or the armed forces of the
United States. Students in educational institutions where military
science is a prescribed part of the course of instruction, and cadet
organizations composed of youths under eighteen years of age, under
responsible instructors, may, with the consent of the adjutant general,
drill and parade with firearms in public under the superintendence of
their instructors.
5. Any person violating any provision of subdivisions one through four
of this section shall be guilty of a misdemeanor.
6. (a) Any person who assembles or conspires to assemble with one or
more persons as a paramilitary organization and has knowledge of its
purpose is guilty of a class C felony when he, with one or more other
members of such organization, practices with a military weapon in order
to further the purpose of such organization.
(b) As used in this subdivision: (i) "paramilitary organization" means
an organization of two or more persons who engage or conspire to engage
in military instruction or training in warfare or sabotage for the
purpose of unlawfully causing physical injury to any person or
unlawfully damaging the property of any person.
(ii) "Military weapon" means any device capable of discharging a
projectile by means of a gas generated from an explosive compound, or

any explosive or incendiary bomb, grenade, rocket, missile, or similar
device or launching device therefor; or any device that simulates any of
the foregoing.
7. This section shall not be construed to prevent any organization
authorized to do so by law from parading with firearms, nor to prevent
parades by the organized militia of any other state.

__________________________________________________ _

Unconstitutional or not this is the Law in NYS and those that do not use their head when forming groups will end up in an Imperial Entanglement that will cost them time, money and personal freedom. Readiness can be acomplished without breaking any of NYS's laws; all it requires is a bit more grey matter usage then in other states.

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Enforcer's post

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I copy pasted this here as Enforcer could not post it here himself.

Attention New Yorkers

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I saw a posting by Scotty38 in the regional forum covering New York. He is under the impression that the militia is illegal there.

Let me say this FWIW:

The A.C.L.U. would be a good place to start with protecting your name. It's a First Amendment issue.

Secondly, read the statute carefully. What things are you NOT allowed to do:

1) Parade

2) Hold yourself out to be part of the organized militia

3) "Train" with weapons or play with such military goodies as bombs, etc.

4) Appear in public events parading with arms

Let me tell you what you CAN do:

1) You can teach teamwork (If I were you, I'd watch the Mel Gibson movie, Braveheart), and learn how to "train" right under their noses

2) You can teach communications

3) You can learn all about First Aid

4) You can develop Evacuation and Rendezvous plans

5) You can engage in political guerrilla warfare

6) You can meet and discuss intel, political psychology (PSYOPS) and do threat assessments about your neighborhood (i.e. how much danger gangs pose or maybe to assess political / religious extremist groups in your AO)

7) If you happen to take a self reliant approach to your preparations, you can teach gardening, living off the land, healing with herbs, etc., raising animals, etc.

Cool If you want firearms training, you put on regular clothes and go to an Appleseed shoot

9) If you want to learn self defense, take some Krav Maga classes and train with people in your Unit

10) There are other courses you can take and they aren't "paramilitary" in and of themselves: rappelling, security / locksmithing, paramedic classes, studying optics under the guise of birdwatching, etc.

There are many hats you have to wear while in the militia. The first one is the public hat. In order to operate and run a militia, your "uniform" consists of a polo shirt with your logo and slacks. If the government wants to know the nature of your work, you provide services to the public: evacuation and rendezvous in cases of natural disasters, etc.; emergency communications for such emergencies; help find lost persons; teaching neighbors how to crime proof their homes; public instruction in home safety and preparedness.

Once you've done all the above and you have met with your Unit members, physically trained for optimum performance; hiked and camped with full packs; achieved levels of marksmanship through the Appleseed program and completed all the things you CAN DO on the list above, you have the requisite skills. Everything else can be learned in a short amount of time later as circumstances dictate - AND IN THE CONTEXT OF DOING SO QUIETLY AND WITHOUT PUBLIC FANFARE.

The point is, don't stick your hands in your pocket, stare at the floor and pretend you can't do anything just because some bureaucrat tried to circumvent the Constitution with fancy words about organized militias and "paramilitary organizations." Start with the ACLU to protect your name (but, don't expect to incorporate it.) Do the things we've discussed here and you'll be good to go.

We've been doing this since 1987 and Georgia has one of those "anti - militia" laws. We did have a problem when a county court clerk erroneously accepted a name reservation for the Militia of Georgia Inc. when a competitor tried to incorporate the name and prevent us from using it. The State Atty. General said, "You can no more incorporate the name Militia of Georgia than you can United States Army."

We operate the way I'm telling you and don't have a problem... except when some dumb axx gets in their head that God made them the ruler over the militia. And cowboys that get too arrogant and try to operate outside the rules end up in one of Uncle Scams Greystone Motels, complete with the daily three hots and a cot and all the boyfriends that you will ever need.

__________________________________________

_________________
DON'T TREAD ON ME! ....Hey Who Took My Duct Tape
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