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With the UN-vetted millions of illegal immigrants having moved freely across our southern border, is it not time to revitalize the Montana Home Guard?

Read details below from Gary Marbut so you understand what you’re voting for. Then, vote, comment and share with representatives and fellow Montanans below.

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Revitalize the Montana Home Guard from: https://progunleaders.org/Legis09/HGExplanation.html

By Gary Marbut

The purpose of this bill is to provide organized and trained volunteer resources to local communities, sheriffs and the governor to assist in dealing with civil emergencies in Montana. All recent governors have learned that they cannot rely on state National Guard units for in-state needs to address problems such as wildfires, prison riots, flooding and more, because National Guard units are usually federalized and gone when needed.

Therefore, this bill will fill out the existing laws about the Montana Home Guard to allow creation of organized groups to fulfill missions not currently being addressed by other volunteer institutions such as Search and Rescue, volunteer fire departments and Neighborhood Watch.

This bill will allow the formation of a variety of Home Guard units, including medical, transportation, construction, firefighting, environmental, communications and more.

The most important feature, however, is that the bill will allow for a pool of organized, trained and equipped volunteer personnel and gear to be available when needed to assist with emergencies in Montana.

Where the Montana Home Guard fits. The Montana Constitution specifies that all able-bodied citizens are members of the militia. Current law divides the militia into the “organized militia” and the “unorganized militia.” The organized militia is further divided into the Montana National Guard and the Montana Home Guard. The statutes about the Home Guard are currently very brief.

Section-by-section explanation of the bill.

Note: This explanation should be read with a copy of the bill available to refer to for details.

Sections 1 through 20 are all about one topic, separating the National Guard from the Home Guard. The problem with availability of the National Guard is that they are subject to “federalization” (call by the U.S.) at any time, and are often unavailable to Montana (see Perpich v. DOD). So, it is essential to make sure that the Montana Home Guard may NOT be called up by federal authorities. Nearly all of the changes in Sections 1 – 20 are done to keep the Home Guard separate from the National Guard and removed from federal control.

Section 21. Short title. The “Montana Home Guard Revitalization Act”.

Section 22. Purpose. To “establish the Montana home guard as a volunteer community service apparatus in Montana …”

Section 23. Amends existing 10-1-701, MCA to specify Home guard organization and composition. This section sets the basic Home Guard unit as a company, allows for many different types of companies, or companies of mixed types of platoons, and allows companies to adopt standards, colors and uniforms suitable to the company and its mission.

Section 24. Company captain responsibilities. This section puts the company captain in charge of the company recruitment, training and supplies, makes the captain responsible to the governor for the captain’s commission and through whatever chain of command the governor establishes, and charges the captain to prepare a company charter to specify the mission, policies, equipment and procedures for the company, which must be approved by the governor.

Section 25. How home guard company may be established. This section sets three ways a Home Guard company may be established, to then be accepted by the governor. The governor may appoint a captain and charge him or her to raise a company, a volunteer individual as captain may raise a company, or a group of people may gather and elect a captain. In any of these cases, the captain and company must then petition the governor to be accepted into the Home Guard structure.

Section 26. Amends 10-1-702, MCA, – Gubernatorial rules for home guard. This section specifies how the governor sets rules for the Home Guard, and how companies may be certified and decertified by the governor. For the first two years of certification, a Home Guard company is only certified for one year. The third year of certification is indefinite.

Section 27. Oaths — conditions of service. This section specifies that all Home Guard members serve as volunteers and at their own risk, and requires commissioned and non-commissioned personnel to swear an oath to Montana.

Section 28. Officer resignations — when commissions must be vacated. An officer may resign his commission, or that commission may be vacated by the governor for cause.

Section 29. Activation and deployment — failure to respond — restrictions. Home Guard units may be activated for only 10 days at a time by the governor, and for no more than 30 days in any year without specific permission by the Legislature. Companies may not be deployed outside of Montana, and a company may be decertified if fails to mobilize with at least 1/2 strength within eight hours of activation.

Section 30. Amends 10-1-703, MCA – Training — use of armories and equipment. This section charges the company captain with responsibility to train company personnel sufficiently to meet the company’s mission. The National guard may assist with training insofar as National Guard resources are available.

Section 31. Volunteer status — workers’ compensation. Home guard members serve strictly as volunteers, but the entity which activates a unit must provide workers’ compensation during activation.

Section 32. Liability. When a Home Guard company is activated, if a lawsuit is filed against a member the Attorney General must defend the member, members serve at their own risk, and members are not responsibility for liability unless they are grossly negligent.

Section 33. Amends 10-1-1002, MCA, – Purpose — legislative intent. This sections cause Section 34 and 35 to apply to members of the Home Guard.

Section 34. Amends 10-1-1003, and Section 35. Amends 10-1-1009 – Paid military leave for public employees. This includes Home Guard members in existing law that activated members who work for a state or local governmental entity must be given leave for activated service.

Section 36. Amends 10-3-1001, MCA. A surgical amendment in this existing law ensures that an “Emergency Management Assistance Compact” cannot be used to take Home Guard units out of Montana or make them subject to federal authority.

In all of our polls so far asking specifically whether Montana voters support or oppose universal background checks for gun sales including private sales, a strong majority so far oppose them. In this NPR article Jon supports universal background checks requiring universal gun registration. In spite of countless mainstream media polls that Senator Jon Tester claims a majority support them it is clearly nonsense and untrue for Montana. How can he support them? Is he willfully ignorant of the wishes of the people he claims to support? View results or take the polls yourself below and share.

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With the census awarding us another Congress seat, the subject of an in-state electoral college type system comes up again.

Is it time for a change in Montana’s popular voting system for in-state elections so that rural voters in Montana are represented equally by having an elector in every county such as the locally elected Sheriff? Vote in the poll, read more, log in and share your thoughts in the comments below.

No one disagrees that a one person, one vote rule is essential in our Constitutional Representative Republic!

But does this not seem to break down when dealing with larger populations in that rural voters are no longer represented equally because they choose not to be part of a collective like liberal Missoula or Bozeman College towns? Who almost always sway the vote near the end of every Montana election. More often than not the entire state is looking like it will turn out one way, only to be overturned after counting big city votes who by default lose common sense at the ballot box.

Popular vote in county and city elections is essential to American liberty in a Constitutional Republic. It is literally the backbone of Democracy. It is essential where people are able to shake hands, speak face to face and eye to eye. The ability to speak directly to your representatives representing you is critical. You meet them on the street and can easily speak to them directly. Town Halls actually mean something. The people in local governments are held accountable by their neighbors. Where local law enforcement is your neighbor and their patrol car is in their driveway. They literally have to keep their eyes on the ball because it might roll through their living room window. If these locally elected representatives disagree with the community, they are gone in the next election. That is how representative government is at least envisioned to work. The good news is that our state can change that at least for our own state representatives. Current reps continue getting elected because lobbyists purchase the elections. If our US state reps were elected by county electors voted in to office by us rather than popular state vote as it is now, would that not help prevent the largest populated cities to dictate all elections?

Montana has 56 counties in a variety of geographical sizes. We have elected representatives in our county elections and can meet with them and speak eye to eye on any subject we want almost anytime. That’s where one person, one vote works! Is it not fair to think that each county might have an equal say about the state representation they receive so that it is equal to the state representation that Missoula or Bozeman, or Helena receives as a collective? Or should their collective values be worth more than your county?

Who in your area is the most tuned in to your local situation? Your Sheriff for example might be someone who is the most tuned in to local news and events as well as safety and security in your location. Could your locally elected by popular vote county sheriff not be considered someone who might represent you better as an elector for in state elections and cast your county’s vote based on popular vote in your county?

Find Gary Marbut’s Model Legislation For Sheriffs First embedded below.

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