Murfreesboro FAQ: Who is responsible for keeping records for all eligible state militia personnel in Tennessee?

Sep 28, 2020 at 07:00 am by Rob4rctn


In order to comply with Tennessee State Law and in accordance with Article 1 Sections 24 and 26, as well as Article 8 Section 1 of the Tennessee State Constitution; the Rutherford County Assessor’s Office shall begin to collect and compile militia rolls in accordance with state law. Individuals are requested to email assessor@rutherfordcountytn.gov in the subject line put "Rutherford County Militia."

Question: Do other counties do this?

Answer: No. We have been aware of this for some time but have gotten no directions from the state.

Question: Is there a state militia?

Answer: Technically and legally yes.

TN Code § 58-1-104 (2016)

 (d) The militia shall consist of all able-bodied male citizens who are residents of this state and between eighteen (18) and forty-five (45) years of age and who are not members of the army or navy as hereinabove defined, and who may not otherwise be exempted by the laws of this state or the United States

TN Code § 58-1-301 (2016)

The governor, with the advice and consent of the general assembly, and pursuant to the laws of the United States, shall call the militia, or any portion thereof, into active service at any time that public safety requires it; provided, that the governor is authorized to have enrollment made of all persons of this state subject to military duty or draft into the military service, and is directed, at such time as the necessity seems imminent, to cause each county assessor to make such enrollment of the assessor's respective county, stating the name, address, age, and previous military or naval experience of all persons so enrolled, if any, and to furnish copies of such enrollment to the respective county clerk, and the adjutant general. Each county shall furnish all blank forms and bear all expenses necessary to enrollment of its citizens.

Real Question: Why are we doing this at all? 

Answer: As a vital part of the required Continuity of Operations Planning directed by Homeland Security, FEMA and TEMA ; every agency and government office is required to develop a plan which will permit the continued operation of vital services in the event of a disaster or state of emergency. Having a process established in which to comply with this statute(TCA 58-1-301) becomes a part of this Continuity of Operation plan which we may not ignore. 

 

And who is the Militia?

TN Code § 58-1-104 (2016)

 (d) The militia shall consist of all able-bodied male citizens who are residents of this state and between eighteen (18) and forty-five (45) years of age and who are not members of the army or navy as herein above defined, and who may not otherwise be exempted by the laws of this state or the United States



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