Arizona State Guard White Papers
UPDATED: January 19, 2011
PLEASE NOTE: I emphasize that I am not part of the working group. I have been in contact with the working group over certain concerns. I learned from them that the Arizona State Defense Force Foundation and it’s founder has nothing to do AT ALL with the formation of the Arizona State Guard and that some potential members sent by them have been rejected. They recommend that you DO NOT use them as a contact in anyway. As soon as I can I will find an official contact. Please disregard references to that group in our previous articles.
NOTE: These documents are in NO WAY to be construed as official documents of the Great State of Arizona. They do not necessarily reflect the opinions of the legislature of the Great State of Arizona and though they are produced with some cooperation of the Arizona State Defense Force Foundation, they do not necessarily reflect the opinions of that organization.
Anyone is welcome to send comments and suggestions by using our CONTACT form. Anyone wishing to start organizational meetings in their county can use the contact form. Please add a phone number and we will try to connect you with others in your area.
Arizona recently approved an Arizona State Guard. The Arizona Revised Statute laws regarding the State Guard are:
Chapter 1 Emergency and Military Affairs
Article 2 Militia
26-122. Components of militia
A. The militia is divided into the national guard of Arizona, the state guard when organized, and the unorganized militia.
Article 3 National Guard
26-174. Arizona state guard; establishment; purpose; appropriations
A. If the national guard of Arizona or a major portion thereof is called into active federal service, or if the national guard or a major portion thereof is alerted for federal service or for any other reason the governor considers to be necessary, the governor may establish an armed force for the safety and protection of the lives and property of the citizens of the state which shall be known as the Arizona state guard.
B. The Arizona state guard shall insofar as practicable be governed by and subject to the laws of the state pertaining to the national guard. The governor shall issue or cause to be issued rules to govern administration and organization of the state guard.
C. Appropriations made to the national guard shall be deemed appropriated to both the national guard and the Arizona state guard, if and when the latter organization is established, and any funds that are unexpended from appropriations to the national guard may be used for establishment and maintenance of the Arizona state guard.
Federal law provides authorizes States to form a Guard unit or “State Defense Force.”
32 USC Sec. 109 01/07/2011
TITLE 32 – NATIONAL GUARD
CHAPTER 1 – ORGANIZATION-HEAD-
Sec. 109. Maintenance of other troops-STATUTE-
(a) In time of peace, a State, the Commonwealth of Puerto Rico,
the District of Columbia, Guam, or the Virgin Islands may maintain
no troops other than those of its National Guard and defense forces
authorized by subsection (c).
(b) Nothing in this title limits the right of a State, the
Commonwealth of Puerto Rico, the District of Columbia, Guam, or the
Virgin Islands to use its National Guard or its defense forces
authorized by subsection (c) within its borders in time of peace,
or prevents it from organizing and maintaining police or
constabulary.
(c) In addition to its National Guard, if any, a State, the
Commonwealth of Puerto Rico, the District of Columbia, Guam, or the
Virgin Islands may, as provided by its laws, organize and maintain
defense forces. A defense force established under this section may
be used within the jurisdiction concerned, as its chief executive
(or commanding general in the case of the District of Columbia)
considers necessary, but it may not be called, ordered, or drafted
into the armed forces.
(d) A member of a defense force established under subsection (c)
is not, because of that membership, exempt from service in the
armed forces, nor is he entitled to pay, allowances, subsistence,
transportation, or medical care or treatment, from funds of the
United States.
(e) A person may not become a member of a defense force
established under subsection (c) if he is a member of a reserve
component of the armed forces.
Glen Davis, author of Concerning the Militia, has begun publishing white papers on the subject. These are PDF files which require Adobe Reader. The papers may be revised at any time. The first deals with the Constitutional issues of the Arizona State Guard. The second concerns funding issues. He is, currently, working on a third while working on other projects. You can check back, from time-to-time, for updates.
Arizona State Guard White Paper 01 – Constitutional Issues(PDF)
Arizona State Guard White Paper 02 – Funding Issues (PDF)
Arizona State Guard White Paper 03 – Starting a Unit (PDF)
Arizona State Guard White Paper 04 – Legal Issues (PDF)
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