The Arizona Senate has introduced S.B. 1083 to form the Arizona State Guard after the authorization passed last year. Senate President Pro Tempore Sylvia Allen, and republicans Steve Smith, Gail Griffin, Lori Klein, Al Melvin, Rick Murphy introduced the bill. Republican representative David Gowan and Terri Proud added their names to the legislation.
Title 26-174 subsection A of the Arizona Revise Statute—originally amended to authorize a guard—would be replaced with Subsections A and B to read:
A. An armed force, known as the Arizona state guard, is established for the purpose of securing the safety and protection of the lives and property of the citizens of this state. The intent of the Arizona state guard is to provide a mission-ready volunteer military force for use by this state in homeland security and community service activities as a supplement to the national guard of Arizona and state and local law enforcement agencies. The Arizona state guard exists as part of the militia under article XVI, section 2, Constitution of Arizona, and a defense force under 32 United States Code section 109.
B. The mission of the state guard is:
1. To support this state in securing the border with Mexico and supplement the efforts of law enforcement and state agencies.
2. Augment the national guard.
3. Support county and municipal leaders in combating international criminal activity.
4. Respond to natural and manmade disasters.
5. Search and rescue efforts.
6. Support community activities.
7. Other missions directed by the governor.
Citing 32 United States Code, Section 109 authorizes this unit as a “State Defense Force,” which means that it cannot be called into the service of the federal government. They cannot accept anyone who is in a reserve component of the military and individual members are not exempt from serving in the United States Military.
Subsection C is added which makes the guard subject to Title 26 where amended and where ever else it applies under the State Legislature and the Governor.
26-174 is also appropriates $1.4 million dollars from the Gang and Immigration Intelligence Team Enforcement Mission funds for the training, operation and mission costs. The Guard may also accept gifts, grants and donations. 501(c)(3) and 501(c)(4) organizations may also donate. In addition, the Arizona State Guard would be authorized to work with law enforcement for protection of the border and other situations where their assistance might be useful. In such cases, they would be considered a “seizing agency” and allowed to seize property and retain funds in accordance with Title 13-4315 of the Arizona Revised Statute.
Under the new legislation, the Governor would appoint a Commander of the Arizona State Guard who would establish officers, warrant officers and enlisted ranks. He would, also, establish the required manuals and standing orders for the Guard with the approval of the Legislature and Governor. The Guard would be under the Uniformed Code of Military Justice and subject to Courts Martial and several other military instructions.
The Guard member would have to take the oath required by law officers and an additional oath, “I do solemnly swear that I will well and faithfully perform my duties as a member of the Arizona state guard to the best of my ability. I will bear true faith and allegiance to the state of Arizona. I will serve the state of Arizona honestly and faithfully against all enemies. I will obey the orders of the governor and the officers placed over me, according to law, so help me God.” Presumably a non-Christian or Christian that does not believe in oaths would be provided the affirmation statement instead. It would probably have been better to combine the oath of law enforcement officers to this oath to prescribe one oath or affirmation.
Overall, the legislation goes far enough to make the Obama administration grit their teeth and to send panic attacks through its opponents. If the legislation passes, as is, it will certainly go much further than anyone expected. One might have expected a much tamer attempt at their first try. Currently the House and Senate is controlled by Republicans, but there is hope that Democrats would see the usefulness of this legislation and support it. Especially since it would be a very good measure to give law enforcement the ability to more readily enforce Title 26-123 prohibiting the maintenance of private troops. The SPLC complains of the “splintered militias” in Arizona often linking them with the KKK and Neo-Nazi “militias”—who are NOT militias. Not only would law enforcement have the tools to deal with ANY groups who do not support the rights of every Arizona citizen, those “splintered militias” would come under one umbrella and be properly controlled as the Constitution provides.
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Tags: Arizona, Arizona SB 1083, Constitution, Media, News Item, Second Amendment
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I really like this legislation, and Not because I am a racist; by the way, I’m half Mexican. Our state and country is having such a hard time with these cartels that even now people are being murdered WITHIN our own country. What was that I read the other day….. 13 PEOPLE DEAD JUST WEST OF TUSCON, and they were decapitated.
If anything, people should be RELIEVED with this legislation, not against it. And, people should be quick to act upon this; apply for the ADF, not bash it. Be quick to act, not quick to talk. Words will only corrupt things, and things are already corrupt enough. That is why this legislation to form the Arizona Defense Force is most necessary. Our children need a safe place to live in, and Arizona should be that place.
It is interesting, and sad, how certain people will turn to the federal government and cry Peace and Safety. And yet when they are given the opportunity to take their safety and that of their children into their own hands they fall into panic attacks. The beauty of this it is not “anti-immigration” or racists legislation in any way. It is almost perfect legislation for a true militia. It does have problems but they are minor. And it is all Constitutional. The media wants to hype Arizona as “anti-immigration.” It has never been. We allow Californians in here, after all. It has been anti-illegal immigration. The reason that you don’t hear from naturalized American citizens and those working here with the proper papers is because the media won’t have it. Most of them are true Americans who actually had to learn the Constitution and about our government to become citizens. They paid the price and most of them are just as keen to secure the border as anyone else. Before people get off on a Marxist-democratic tangent about this bill, they should sit down and really read what it says.
SB 1083 is a beautiful piece of legislation, and it has a good chance of passing, if our Patriot Citizens will only take the time to call, FAX, and email our elected Legislators to voice their support for this bill.
For ongoing updates about SB 1083, about Title 32 State Defense Forces in general, and about the Arizona State Guard in particular, please visit the Arizona State Defense Force Foundation website – http://www.azsdf.org .
This legislation is flawed beyond belief! It amazes me that ANY legislator from Arizona would dare put their name to this bill! This Bill will create a police state here in AZ, more draconian than anything ever seen in this country since King George’s troops were thrown off of this continent!
I actually support a State Defense Force, but not the way this is being created. Everyone please read the text of the bill, and at the beginning you will find that the very same force which is seizing assets is the very same force which will directly benefit from said seizures! And this is just the first paragraph.
We need to let the legislature know that they must do better!
This is a declaration of war on the citizens of Arizona, and any idea that the DHS could not co-opt this organization is complete bunk, because of the way this is written!
In the Spirit of AMERICAN Liberty,
AZRanger
MOLON LABE
I read the proposed bill the other day and found it to be Constitutional and reasonable. The defense force would be answerable/accountable to higher authorities within the state. It would apply the Uniform Code of Military Justice, just as the national guard and regular military do now. It wouldn’t cost the state very much because it would be a largely volunteer force. The defense force would receive professional training from the national guard. And just like Switzerland, we would supply our own guns, keeping them at home. I like it. I hope the Arizona legislature passes the bill and I hope they let me in.
There are 23 states with active state guards – http://www.sgaus.org/states/active-state-forces.html – and more that have authorized a state guard but have not activated one. Has the SPLC called California, Connecticut, Maryland, MAssachusetts, New Jersey, New York or Washington racist for having an active state guard? This is not an all inclusive list but these are some very blue states and just goes to prove that the SPLC and any other organization which accuses Arizona of racism on these grounds without saying the same about these other states are using the race card for political purposes only and have just marginalized themselves.
The ASG is a big step in the protection of our citizens from those who have no respect for our laws. Two points, though: 1) Shouldn’t the mission statement and oath include language that requires members’ support and protection of the United States Constitution? 2) May want to consider a strict abolishment language (ie, gubernatorial request with AZ legislature super majority approval). This would be to avoid wreckless abolishment by a subsequent state administration.
If you read the line just before the oath, it states that you have to take the oath of a law enforcement officer and the oath of the Guard. Why? Because part of the duty of the Guard would be law enforcement mainly in international criminal activity. They can be used by local law enforcement but are autonomous.
I understand the worry about having specific language in the legislation, however that would be impossible. I’m not sure what you mean by item 2. But the actual instructions and manuals will be approved by the governor and legislature.
I have seen other areas of concern even worse than that. The unit is under the UCNJ. I think it should be under something like an Arizona State Guard Code of Conduct, or whatever. And there should be no National Guard interaction. The Arizona State Guard will, or should, form its own Judge Advocate General positions and Provost Marshall and security, etc. Advise from the guard is welcome, instructions are not. Perpich v. DOD states clearly that the National Guard was formed under Congresses authority to raise Armies. Not the militia clauses.
Still, I believe the legislatures sincere in their effort and the members that join have to urge the command to remember the Constitution because that is what this is all about.
I agree that the UCMJ might be a place to start, but this is a militia (You can see my reply to another comment). This is one thing warned of by Colonel George Mason during the Virginia debates. In fact, the citizens have numerous protections under this legislation that people don’t realize. They are subject to the same laws as law enforcement. Meaning that you can complain to the State Guard authorities, the same authorities that you can complain about police abuses and to your county Sheriff. If the right people are put in place, this will work itself out. That is what you should watch is who is put in charge. But this is a great first attempt by the authors of the bill and remember that this is not the final draft. This is only the submitted version.
I cannot agree that it is flawed beyond belief, but there are certainly flaws. This is not the final version, however.
As for seizures, I hope you are not confusing seizures with commandeering. You must remember that this force will be under all of the military AND civilian laws of the State of Arizona. NO federal agency can use them or give them orders without the direct orders of the Governor.
As far a seizing property, there are strict rules even for the police. This law already exist, it only ADDS the State Guard since they are a law enforcement agency. As far as seizing goes, I understand that only property that is purchased with illegal money can be seized. For example, a drug dealers home or car, a pimps property and so forth. Cars and weapons and other items captured in commission of a crime can also be seized. If a troop of Arizona State Guard comes to your house to enforce a warrant for outstanding parking tickets, they can’t seize your new HDTV or rifle or anything.
Commandeering is taking property for use during an emergency. Arizona Revised Statute PREVENTS the governor from ordering guns and ammunition to be seized during an emergency (Title 26-303 Emergency powers of governor; termination; authorization for adjutant general; limitation). I would like that extended to any property that citizens have purchased and stored for emergency use to prevent the reported seizures after Katrina, but that is an issue that must be addressed later. Actually, they could amend the current law to reflect that during this process.
The point is that yes anything can be abused. I only need point at the current alphabet soup of federal agencies to prove that. I suggest that you read the purpose of the Guard and consider that any regulations must comply with that mission.
I am English by birth, proud American Citizen by choice so I understand what Glen was saying in his comments. When I sit and watch the news on T.V about illegal immgrant arrested here and another one arrested there with drugs or what ever, then find out that it is the third, fourth or more time this person has been cought in our country illegally or that Obama wants to push “the dream act” I feel like all the hard work and study I put in to get my Citizen status means nothing, maybe it’s time to move on and try to start again somewhere else………….hold on, what’s this? SB1083, legislation that makes sense, well done Arizona you came through again. Now before you lefties start calling me a racist my Wife is also a naturalized Citizen, from Portugal, that’s the country that borders Spain where the real Spanish come from. As Arizona Citizens you should not be asking “why do we need this?” you should be asking “where do I sign up?”
This is the BEST news I have heard this week. HOOAH!
Its about time Arizona took a stand to protect our State and its citizens. That Despot in Washington wants the illegals here so they can vote his illegal butt in office again.
Those “Yahoo’s presently in office right now can not figure out that there is an “Invasion” across our Southern Border, and its bringing Terrorists into our cities. There is alot of talented men & women who are Veterans, of the Army, Navy, Air Force and Marines who would Volunteer for service in the State Guard. They are veterans of conflicts & wars in the past 40-50 years and into the present day. So now that the talking is over lets get into the operational structure of the Arizona Guard and start protecting our State and its citizens.
I for one will be the first in line.