State can draft citizens into military

National Guard members make up 28% of the soldiers deployed to Iraq and Afghanistan in recent years, and more disturbingly 53% of veteran suicides.  Many who joined the National Guard before Sept 11th, 2011 did not expect to ever be deployed overseas.  Similarly, as a non-military member, you might not expect to ever be deployed overseas.  But in fact, the State of New Hampshire can draft you into the National Guard without your consent, and make you subject to U.S. military orders, including deployment in foreign wars.

Here are the most relevant portions of “CHAPTER 110-B THE MILITIA”, the full text is available here: http://www.gencourt.state.nh.us/rsa/html/viii/110-b/110-b-mrg.htm

Section 110-B:1:IV defines the unregulated militia as all able-bodied citizens over 18:

Section 110-B:1 Composition of the Militia. –
IV. The unorganized militia shall consist of all able-bodied residents of the state who are 18 years of age or older, who are, or have declared their intention to become, citizens of the United States, and who are not serving in the national guard or the state guard.

Section 110-B:3 allows the governor to force these citizens to register, and to forcibly draft them into the national guard:

Section 110-B:3
Registration and Draft of Unorganized Militia. –
I. Whenever it shall be deemed necessary, the governor may direct the members of the unorganized militia to present themselves for and submit to registration at such time and place and in such manner as the governor may prescribe in regulations issued pursuant to this chapter.
II. Whenever it shall be necessary in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, or to maintain the national guard at the number required for public safety or prescribed by the laws of the United States, the governor may call for and accept from the unorganized militia as many volunteers as are required for service in the national guard, or the governor may direct the members of the unorganized militia or such of them as may be necessary to be drafted into the national guard.

Section 110-B:4:III provides misdemeanor punishment for non-compliance:

Section 110-B:4 Notice of Draft; Order. –
III. Any member of the unorganized militia who is ordered to register or to be drafted into the national guard or the state guard under the provisions of this chapter and who fails to appear at the time and place designated in such order shall be guilty of a misdemeanor.

Section 110-B:5 affirms that when the U.S. requests troops the governor can draft able-bodied citizens:

Section 110-B:5 Militia Call by the United States. –
When the militia of the state is called forth under the constitution and laws of the United States, the governor shall order out for service the national guard or such part thereof as may be necessary; and if the number available be insufficient, the governor may call for and accept from the unorganized militia as many volunteers as are required for service in the national guard, or the governor may direct the members of the unorganized militia or such of them as may be necessary to be drafted into the national guard.

Once drafted you can be placed under the control of the U.S. military:

Section 110-B:6
Ordering National Guard Into Active State Service. –
The governor shall have power …  to order into the active service of the state for such period, to such extent, and in such manner as the governor may deem necessary, all or any part of the national guard. Such power shall include the power to order the national guard or any part thereof to function under the operational control of the United States army, navy or air force commander in charge of the defense of any area within the state which is invaded or attacked or is or may be threatened with invasion or attack.

You can also deployed overseas:

Section 110-B:12 Service Without the State. –
The governor may order the national guard or any part thereof to serve outside the borders of this state or of the United States in order to perform military duty of every description and to participate in parades, reviews, conferences, encampments, maneuvers or other training, and to participate in small arms and other military competitions and to attend service schools. The provisions of this chapter shall apply to members of the national guard while serving outside the state and while going to and returning from such service outside the state in like manner and to the same extent as while serving within the state.

One last disturbing implication is that drafted individuals could then be tried for “offenses” not in public trials by constitutionally guaranteed juries of their peers, but in  closed-door, publically-unaccountable military court-martials.

Section 110-B:39  Military Discipline. –
The system of discipline of the national guard shall conform generally to that of the armed forces of the United States, and all personnel on duty or in active state service shall be subject to the punitive and disciplinary provisions of this chapter. Trial and punishment by civil authorities shall not bar trial and punishment or dismissal from the service by court-martial for any military offense involved. Reductions in rank and pay grade for judicial or non-judicial punishment shall be in accordance with the provisions of the Uniform Code of Military Justice.

I urge legislators to repeal Section 110-B:3, Section 110-B:4, and Section 110-B:5 as soon as possible to remove the ability of The State of New Hampshire to force citizens into involuntary military service.

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