By Laws
The 2nd Regiment of the California State Militia is a legal, unorganized civilian militia as authorized by the U.S. Constitution, Bill of Rights and the California State Constitution
Justifications:
Second Amendment: A well-regulated militia being necessary to the security of a Free State, the right of the people to keep and bear arms shall not be infringed.
California Military And Veterans Code §120 to §130.
Definition of Unorganized Militia per California Military and Veterans Code §121
The unorganized militia consists of all persons liable to service in the militia, but not members of the National Guard, the State Military Reserve, or the Naval Militia.
1. MISSION:
To uphold and defend: The Constitution of the United States of America, The Constitution of the State of California, and the Bill of Rights: seen as inalienable, and given by our creator to free men that they may remain free.
To support our County Sheriff’s Department. To ensure that all citizens– regardless of race, color, religion, sex, physical characteristics, or national origin — shall have the right and opportunity to due process of the law as established and guaranteed by the Great Document which guides this Great Nation.
To provide emergency support to our communities in the event of a natural disaster through the participation in CERT, local town activities and in support of our local governments and County Sherriff
2. GOALS:
It is the goal of the 2nd Regiment to:
a) PRESENT itself to the citizens of this state as a well-regulated, well-trained, well-equipped, and a knowledgeable militia unit consisting of ordinary citizens rather than professionals.
b) ASSIST citizens in the event of natural disasters, in civil defense, and in the defense of self and our great state.
c) ESTABLISH a cohesive command structure capable of not only giving but also following instructions and being able to perform a multitude of tasks as needs arise.
d) TRAIN its membership in many disciplines necessary to the function of a militia as a whole, and as members individually. Including but not limited to: First Aid, Land Navigation, Emergency Preparedness, and Community Service to name a few.
e) EDUCATE members with a knowledge of this nation’s early history, and how that history reveals just how man’s will to be free, played such a powerful role in developing the firm resolve for just laws, high respect for strict morals, and our divine right of free choice, which became the envy of every nation on earth that yearned for freedom.
f) INFORM its members of local, national, and global events which would imperil the Constitution and impact the direction of the country.
g) ENCOURAGE its members to stand against all tyranny which potentially threatens to undermine our form of government, our freedoms and these United States of America.
h) UPHOLD pure constitutional rule of law whereby all citizens have the right to trial by a jury of their peers in a court of law.
2.1 Our Core Values
(Adapted from US Army Leadership)
Loyalty – unwavering support and allegiance directed towards to the U.S. Constitution, the State Constitution, your unit and other Patriots
Duty – Performing whatever task is assigned to you to the best of your ability. Fulfill your obligations.
Respect – Respect does not only extend to individuals but also to your surroundings and equipment. Treat people, places, and things as they should be treated.
Selfless Service – Place the welfare of the Nation, the State, the Militia and your fellow citizens before your own.
Humility & Honor: The integrity to see the truth and admit mistakes. To do what is morally sound at all times. Without humility, there can be no honor.
Integrity – A personal quality of fairness that all members should aspire to. A personality trait that means a person has a moral compass that doesn’t waver.
Personal Courage – The quality of spirit, that enables us to face danger, or pain, without showing fear. Face fear, danger, or adversity [physical or moral].
3. UNIT STRUCTURE:
In order to achieve the goals listed above, a Command Staff has been implemented. The general membership shall consist of a single company until such time as membership grows to merit larger elements.
3.1 The Company Command staff: (represented by rank insignia determined within each company)
Initial Command Staff is comprised of officers and enlisted members selected from initial existing members. The terms of said staff shall continue until the first selections are needed. The command structure of the unit is as follows and is amendable as the size of unit grows:
1: Company Commander, 1LT, (O2)
1: XO, 2LT, (O1)
1: PSG SSG (E6)
4: Squad Leaders (E4 and E5)
A unit is considered company size under the following conditions. 1) Member count reaches 10, 2) The creation of an additional unit will not reduce the main unit in size below 25, and 3) a consensus vote of no less than 80% of command staff members of the existing unit.
Once the base unit has grown and when size merits, these positions and ranks will be voted in and implemented to further add command staff.
The Regimental Commander will hold the rank of COL (O-6)
The Battalion Commander will hold the rank of Major (O-4)
The Company Commander will hold the rank of Captain (O-3)
The Executive Officer will hold the rank of 1st Lieutenant (O-2)
The Comms, Public Info, Special Ops personnel will hold the rank of Sergeant (E-5)
Staff Officer Positions: S-1, S-2, etc. shall hold the rank of Warrant Officer (W-1)
All Advisor positions will hold the rank of 2LT (O-1)
The Battalion/Regiment Command NCO will hold the rank of Sergeant Major (E-9)
The Company Command NCO will hold the rank of 1st Sergeant (E-8)
3.1.1 Command Staff Duties/Responsibilities
Command staff shall have responsibilities commensurate with their position and rank. Below is a short list.
|
Position |
Duties |
| Regimental Commander | Provide direction to Battalion Commanders
Serve as liaison to State Officials |
| Battalion Commander | Provide direction to Company Commanders
Serve as liaison to County Officials |
| Commander | Delegate and develop key training issues to subordinate command members
Serve as liaison to City/County Officials |
| XO | Ensure Commander’s Intent is expressed to lower echelons of command
Performs duties of Commander in his/her absence Key advisor to CO regarding mission, training, and other areas as needed |
| Regiment/Battalion Sergeant Major | Primary Training NCO for Command Echelon
Utilizes Commanders intent to develop training matrix Provide Guidance to lower echelon commands |
| 1SG | Primary Training NCO
Utilizes Commanders intent to develop training matrix Oversee training plans/OPORD/Recruitment efforts |
| PSG | Identify Key personnel to fill leadership roles in lower echelon NON VOTED positions
Ensure training conducted by squads follows set standards |
3.2 Field Officers: (represented by rank insignia determined within each company)
All Field Officer Ranks other than Platoon Leaders will be assigned according to the task performed.
3.3 Enlisted Personnel: (represented by rank insignia determined within each company See table)
Platoon Leaders hold the rank of (O-1)
Platoon Sergeants hold the rank of (E-6, E-7)
Squad leaders hold the rank of (E-4, E-5)
Fire Team leaders hold the rank of (E-3, E-4)
Specialty members: Photographer, Chaplain, (Non-NCO)
All other members hold the rank of Rifleman. (E-1, E-2, E-3)
2nd Regiment recruits will wear no rank until such time as they meet basic requirements.
Rank authority as follows lowest to highest: USMC and US ARMY
|
Enlisted |
Officer |
| Recruit | W-1 Warrant Officer WO1 |
| E-1 Rifleman (PVT USMC) | O-1 Second Lieutenant 2LT |
| E-2 Rifleman (PFC USMC) | O-2 First Lieutenant 1LT |
| E-3 Rifleman (LCPL USMC) | O-3 Captain CPT |
| E-4 Specialist (SPC ARMY) | O-4 Major MAJ |
|
Non-Commissioned Officers |
O-5 Lieutenant Colonel LTC |
| E-4 Corporal CPL | O-6 Colonel COL |
| E-5 Sergeant SGT | |
| E-6 Staff Sergeant SSG | |
| E-7 Gunnery Sergeant GYSG | |
| E-8 First Sergeant 1SG | |
| E-9 Sergeant Major SGM |
3.4 Authority:
Officers and Noncommissioned Officers are elected and appointed to command and support positions and are given their authority by members.
All members are expected to support and follow the lawful orders and directives of the Chain of Command.
Trust and teamwork are the cornerstones of our organization. If a member feels compelled to disobey or openly reject the Chain of Command, that member should immediately withdraw from the militia, without prejudice.
Provisions are available to remove members who discredit the militia. (See item 4.2)
3.5 Command staff selection and duration of office.
Key positions for the command are selected by greater than 80% majority. All Command staff shall serve a 60-day probationary period and, upon successful completion of such, shall be awarded the rank commensurate with the selected position.
Upon successful completion of their selected term of service, said individuals shall return to the rank previously held, provided they have not been voted to the same or higher position.
Positions are as follows:
Officer: Commanders, Battle Staff, Platoon Leaders (Regiment, Battalion, Company)
NCOs: Sergeant Major, 1st Sergeant, Platoon Sergeant (Regiment, Battalion, Company)
Staff is elected upon Bi-annually, alternating voting periods of:
On or near 10 April (Command NCO’s)
On or near 10 October (Command Officers)
4. MEMBERSHIP:
Membership in the 2nd Regiment, California State Militia shall be open to any citizen over the age of 17 regardless of sex, race, religion, physical characteristic or national origin. Membership is voluntary and will last until the member withdraws or is dismissed by proper authority.
All militia members will be required to provide information about his/her self in order to best utilize their experience and background. Information provided will be kept confidential and will be used only for the functioning of the unit.
In order to be a member of the Unit and Participate in Field Training Exercises involving weapons, all individuals must within 30 days without exception provide proof of state/federal firearms eligibility using any one of the following methods:
1) Valid California State CCW permit
2) DROS approved confirmation within the last 6 months
3) An Approved California State Personal Firearms Eligibility Check
These are the only methods available for verification of eligibility without exceptions and must be verified on Bi-Annual Basis (every other year)
4.1 Types of Membership:
a) Member– An active participant in the 2nd Regiment activities, abiding by the rules and regulations of the 2nd Regiment, and having completed the 90-day (3 Field Training Exercises) probationary period, providing information required by the Command Staff, signed and taken the oath.
1) All Active members maintain Voting rights in all matters that require a vote.
b) Supporter — An active supporter who chooses to remain anonymous. A supporter does not take the oath, has no voting rights, and has no say in the operations of the 2nd Regiment.
c) Inactive- A member of 2nd Regiment in inactive status is a member that has:
The 2nd Infantry Regiment of the California State Militia is a legal, unorganized civilian militia as authorized by the U.S. Constitution, Bill of Rights and the California State Constitution
Justifications:
Second Amendment: A well-regulated militia being necessary to the security of a Free State, the right of the people to keep and bear arms shall not be infringed.
California Military and Veterans Code §120 to §130.
Definition of Unorganized Militia per California Military and Veterans Code §121
The unorganized militia consists of all persons liable to service in the militia, but not members of the National Guard, the State Military Reserve, or the Naval Militia.
1. MISSION:
To uphold and defend: The Constitution of the United States of America, The Constitution of the State of California, and the United States Bill of Rights seen as inalienable and given by our creator to free men that they may remain free.
To support our County Sheriff’s Department. To ensure that all citizens regardless of race, color, religion, sex, physical characteristics, or national origin shall have the right and opportunity to due process of the law as established and guaranteed by the Great Document which guides this Great Nation.
To provide support to our communities in the event of any state and/or national disaster or emergency, through the participation in CERT, local town activities and in support of our local governments and County Sherriff
2.0 GOALS:
It is the goal of the 2nd Regiment to:
a) PRESENT itself to all people as a well-regulated, well-trained, well-equipped, and knowledgeable militia unit consisting of ordinary citizens rather than professional soldiers.
b) ASSIST all citizens in the event of natural disasters, for in civil defense, and in defense of self and our great state.
c) MAINTAIN a cohesive identifiable command structure capable of not only giving but following instructions and being able to perform a multitude of task as needs arise.
d) TRAIN members in disciplines necessary to the function of a militia, and individually. Including but not limited to: First Aid, Land Navigation, Emergency Preparedness, and Community Service to name a few.
e) EDUCATE members with a knowledge of this nation’s early history both positive and negative, and how that history reveals just how man’s will to be free, played such a powerful role in developing the firm resolve for just laws, a high respect for strict morals, and our divine right of free choice, which is the envy of every nation on earth that yearns ed for freedom.
f) INFORM members of local, national, and global events which would imperil the State and/or Nation and potentially interfere with the ability of our great nation to continue to operate as intended by the Constitution.
g) ENCOURAGE members to stand against all tyranny which potentially threatens to undermine our form of government, our freedoms, and these United States of America.
h) UPHOLD constitutional rule of law whereby all citizens have the right to trial by a jury of their peers in a court of law.
2.1 Our Core Values
(Adapted from US Army Leadership)
Loyalty – unwavering support and allegiance directed to the U.S. and State Constitutions, our unit, other Patriots and our fellow citizens.
Duty – Performing whatever task is assigned to the best of your ability. Fulfill obligations.
Respect – Not only individuals but, to your surroundings, equipment and community.
Selfless Service – Place the welfare of the Nation, State, Militia, and fellow citizens before your own.
Humility & Honor: The integrity to see the truth and admit mistakes. To do what is always morally sound. Without humility, there is no honor.
Integrity – A personal quality of a moral compass that doesn’t waver
Personal Courage – The quality of spirit, that enables us to face fear, danger, or adversity.
3.0 UNIT STRUCTURE:
To achieve the goals listed above, a Command Staff is utilized. General membership shall consist of members within a region designated to serve together as a unit. Such units may be described as: Detachments or Companies. Such designations are determined by existing Commanders agreement in a minimum of 80%. Each unit must at a minimum have 2 leaders, one (1) Officer, and one (1) NCO.
The Regiment may, at the discretion of Regiment and Company Command Staff, justified by membership numbers, reorganize regions into other levels of command such as Battalion, or additional companies. Command staff shall be assigned the first term. The post shall be open for selection upon members stating the desire to fill said positions and meeting minimum requirements for such position. (See Item 3.5) Rank shall be in accordance with Item 3.2
3.1 The Command staff: Rank insignia determined at company level
Command Staff is comprised of officers and enlisted members selected from existing members on a member majority consensus 75% (3/4). The terms of said staff shall continue for a minimum of 2 years and continue until it is deemed necessary to initiate the selection process for such position. (See item 3.5) The command structure of the unit is amendable as needed based on unit growth:
3.2 Command Staff Duties/Responsibilities
| Position | Duties |
| Commanders | The company commander is responsible for training, safety, security, and discipline of members, and responsible for mission accomplishment. Directs and supervises all phases of operations and employment of the unit. Assisted and advised by officers and key NCOs in performing duties. The following are among the commander’s most important duties and responsibilities:
|
| Executive Officer
(XO) |
The XO is the commander’s principal staff officer. Is second in command. The XO also performs the following:
|
| 1SG | The First Sergeant is the senior NCO in the company and assists company commander in the execution of the mission. First Sergeant must understand the company’s mission and be able to adjust administrative requirements to aid in accomplishing that mission. The first sergeant performs the following:
|
| PL | The platoon leader is responsible for planning patrol routes, assigning tasks, and positioning and employing members under command. The platoon leader and the platoon sergeant, make up the headquarters section of the platoon. |
| PSG | The Platoon Sergeant is the senior NCO in charge of the platoon. Following the guidance of the Platoon Leader, assists in training and supervises both tactical and technical operations through supervision and delegation of Squad Leaders to accomplish missions. The platoon sergeant also performs the following:
|
3.3 Personnel:
Rank insignia is determined at the company level. Positions within each company are determined by the needs of each unit. All Units in the Regiment will develop and publish an SOP regarding positions, equivalent grades assigned, and eligibility for such. Rank insignia will be determined by each unit drawing from either US Army or USMC (Land-Based military)
The exception to unit decision of rank: For specialty assigned members such as: chaplain, drone pilot, photographer, Regimental guidelines designate the rank insignia of US ARMY, Specialist 4 be used for these individuals. This rank is issued as an identifier and not for positions of authority. (Non-NCO)
2nd Regiment recruits will wear no rank until such time as they meet basic requirements.
Rank authority follows typical military standards.
3.4 Authority:
All positions are given their authority by members. The Leaders and those they lead must work together while maintaining discipline and mutual respect. All members are expected to support and follow lawful orders and directives of the Chain of Command.
If a member feels compelled to disobey or openly reject the Chain of Command, that member should immediately withdraw from the militia, without prejudice.
Provisions are available to remove members who discredit the militia. (See item 4.2)
3.5 Command staff selection and duration of office.
Leadership positions for individual units within the regiment are selected from existing membership. All Units in the Regiment will develop and publish an SOP (approved by 75% (3/4) of members in good standing) to determine the method of election, prerequisites for election, duration a position may be held, and other particulars. All Leadership Staff shall be promoted to appropriate rank and will serve a 90-day probationary period. Upon successful completion of such, shall retain the rank commensurate with the elected position.
Upon completion of the selected terms of service, individuals may, at the discretion of command, be returned to rank previously held, as determined by force needs, provided they have not been voted to the same or higher position.
Elections must be held a minimum of every 2 years to ensure confirmation of members desires. When an elected leader leaves the militia or 3/4 of members desire new leaders after the 2yr minimum term, elections may be held on the following dates: On or near: 10 April, Officers, and 10 October NCOs after such event occurs.
ELECTED BY ALL MEMBERSHIP
1: Regiment/Battalion Commander, (O4)
1: Regiment/Battalion Adjutant (O3)
1: BN SGM (E9)
ELECTED BY COMPANY MEMBERSHIP
1: Company Commander, (O3) (for smaller units, the commander may hold (O1)
1: 1SG, (E8) (for detachments Senior NCO may be E6)
ELECTED BY PLATOON MEMBERSHIP
1: PL, (Platoon Leader) Rank (O1)
APPOINTED
1: XO, Minimum Rank (O2) (Chosen by Commander)
1: PSG, Minimum Rank (E6) (Chosen by PL)
4: Squad Leaders, Minimum Rank (E4) (Chosen by PL and PSG)
4. MEMBERSHIP:
Membership in the 2nd Infantry Regiment, California State Militia is open to any citizen over the age of 17 regardless of sex, race, religion, physical characteristic or national origin. Membership is voluntary and continues until the member withdraws or is dismissed by proper authority.
All militia members are required to provide information about his/herself in order to best utilize their experience and background. Information provided is kept confidential and will be used only for the functioning of the unit.
In order to be a member of the unit and participate in field training exercises all individuals must within 30 days without exception provide proof of state/federal firearms eligibility using ONLY the following methods:
1) Valid CCW permit
2) DROS approved confirmation within the last 12 months
3) An Approved California State Personal Firearms Eligibility Check
These are the only methods available for verification of eligibility without exception and must be verified every 5 years
4.1 Types of Membership:
a) Member- An active participant in 2nd Infantry Regiment activities. Active defined as attending training regularly, maintaining communication within the unit, abiding by the rules and regulations, having completed the 90-day probationary period, providing information required by the Command Staff, signed and taken the oath.
1) All Active members maintain Voting rights in all matters that require member consensus.
b) Supporter – An individual who may choose to remain anonymous. A supporter does not take the oath, has no voting rights, and has no input or influence on the operations of the 2nd Infantry Regiment.
c) Advisor – An individual that has chosen to offer knowledge and experience but not considered an active member for voting purposes
d) Inactive– A member of 2nd Regiment in inactive status is a member that has:
1) Been absent from training for a period of 3 consecutive months
2) Requested inactive status for a period of more than 2 months due to personal reasons or otherwise;
3) Is not considered in Supporter status.
Inactive members lose voting authority for 6 months following the period of inactivity.
Requested inactive members retain selection voting authority at sole discretion of command staff
Requested Inactive status may only be granted in 6-month intervals for a maximum of TWO (2) 6-month inactive service periods in 3 calendar years.
d) Dropped from Rolls– A member who has either:
1) Resigned from 2nd Infantry Regiment whether in writing, orally or otherwise
2) Has been absent from training for a period of more than 4 months in a single calendar year. Exception: Members who voluntarily choose inactive status but do not exceed limitations of inactive memberships. Members who have brought their issue to the chain of command and have been granted exception
Members who are dropped from rolls can rejoin 2nd Regiment provided they complete a new firearms check, and a new 90-day probationary period.
4.2 Withdraw/Suspension/Dismissal:
a) Withdrawal
A member may voluntarily withdraw membership at any time by notifying the Command Staff, in writing, of their decision.
b) Suspension/Dismissal
1) After the 90-day probationary period, a member may be suspended/dismissed from membership for cause.
a) Suspension of a member is allowed for violations of law, violence, repeated disciplinary issues and other serious offenses that affect unit cohesion and the unit’s image.
b) A member may be suspended by written or verbally verified notice
c) A member may request command review of suspension
i) Suspension review shall be performed in an expedient manner so not punish an innocent individual. The review may be performed via teleconference, in person, or other live methods available.
ii) Suspension review must include the following members at a minimum: 2 Officer, 2 Senior Enlisted, 2 peers of members choice
v) Members may present evidence and pose questions in their defense during such review.
vi) Decisions must meet 75% or 3/4 vote from the Panel for decision.
vii) Members may appeal ONLY once within 15 days of notice of decision. Appeals must be in writing.
4.3 Conduct:
Militia members are encouraged to live exemplary lives as outlined in the 2nd Infantry Regiment Code of Conduct and the laws of the State of California. Blatant violation of the law places the legitimacy of the 2nd Infantry Regiment at risk. One member can jeopardize the Civilian militia by illegal acts when those wishing to discredit us look for such an opportunity.
Therefore, to protect the body as a whole, militia members will be subject to a Dismissal Action Panel IAW Paragraph 4.2
Members may be considered for dismissal for such acts that would discredit the 2nd Infantry Regiment or place the Regiment at legal risk. The accused will stand in their defense. No dismissal action will be started unless supported by at least two (2) witnesses. The maximum penalty for any offense will be permanent dismissal from the militia. After the presentation of evidence the convened panel will vote on an action.
Any militia members may voluntarily withdraw from the militia at any time without prejudice for conscience sake. In such case, all issued equipment must be returned.
It shall also be the right of each militia member to appeal to authority within the direct chain of command regarding grievances. In every case (except direct violations of law) however, the militia member shall follow the order or directive first and make his appeal afterward.
4.4 Recruitment:
Under no circumstances are members permitted to discredit the 2nd Infantry Regiment by pressuring citizens to join or contribute material/financial support. All material and financial contributions will be accepted with the clear understanding that the inalienable rights of ALL will be protected without qualification or exception.
5. OATH OF MILITIA MEMBERS:
All militia members will be required to take an oath and sign it.
5.1 Oath for ALL Members:
“I, (Name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, and the Constitution of the State of California against all enemies; I will bear true faith and allegiance to the same; I will obey the lawful orders of those appointed over me, I take this obligation freely, without any reservation or purpose of evasion”
6. UNIFORMS AND EQUIPMENT:
Members of the 2nd Regiment are encouraged to procure and maintain items of uniform and equipment. When in uniform, members represent the 2nd Regiment. Therefore, members uniforms will be clean, buttons buttoned, shirts tucked in, and patches either attached with Velcro or sewn on properly. The proper impression is very important to the public.
The primary weapon of a 2nd Infantry Regiment member will be the rifle. Caliber is at the member’s discretion however; it must be in accordance with the law. It will be required of all militia members not otherwise opposed for conscience sake, to have their own rifle, ammunition, and equipment.
Militia members are always required to remain proficient in the maintenance and safe operation of the rifle and to have a minimum of 400 rounds of ammunition and 150 rounds per sidearm available.
The militia member’s equipment shall consist of necessary items to be determined, based on the member’s assignment. Thus outfitted, the equipment will always be kept available for rapid deployment by the militia member. If a member is restricted to limited funds, priority is proper uniforms and basic equipment rather than exotic military hardware. A professional image is more creditable than a lot of neat toys.
Militia members ARE expected to obey all Constitutional Federal, State and Local firearms laws. Militia members are normally expected to carry firearms. Only in self-defense will a militia member discharge his weapon. As with members of organized units within California, militia members are expected to abide by all hunting rules and regulations pertaining to the use of firearms for that purpose.
7. COMMUNICATION:
In the case of any disaster, threat or invasion, the role of communication is critical. Therefore, radio and ham radio will be the principal forms of communication for the 2nd Infantry Regiment. Persons taking part in emergency communications should have a valid ham radio operator license.
8. ASSEMBLY/MEETINGS:
Members must discipline themselves to set aside time each month, for assembly. The 2nd Infantry Regiment trains EVERY 3rd weekend (Sat/Sun) of each month. Occasionally the weekend may change based on holiday or other needs. Militia members will be notified of actual assembly times and places. While it is intended that the militia intrude as little as possible in the private lives of its members, it is also clear that individual members are volunteers and have made a commitment to the Militia and must be ready to meet periodically and to deploy as the need arises. It will be the objective of the staff to infringe as little as possible on the time of militia members, recognizing their responsibilities to their families and jobs.
9. AFFILIATIONS:
None currently.
10. STANDARD OPERATING PROCEDURES (SOP)
Regimental Command shall issue written SOP’s. The Command staff developing these SOP’s shall consist of all leaders within that command level. SOP development shall also include any Members skilled in the discipline that is being developed as an SOP.
All Units in the Regiment will develop and publish SOP’s specific to their units’ operations and will maintain a printed version which is kept in a binder readily available for review at all trainings.