CAP Heraldry Standards?

[RiverAux]

The organised militia definition has been expanded over the years to include military auxiliaries, as well as ROTC and JROTC, and programs that receive state funding through Georgia DOD (CAP is included as a line item there), that have a recognised ID card that identifies the holder as a member of the said group. The Official Code of Georgia is not the ONLY law in Georgia. Decisions of various courts, budgets, and cabinet-level departmental policies all carry equal weight with the OCGA. And if the Governor and Adjutant General say that you are a State DOD resource/force multiplier, well, you get the idea. (Plus various 10th and 14th Amendment issues).

OMG this is wrong on so many levels that it is almost dangerous.  "Organized militia" has a very specific set of meaning under state laws and I challenge you to show me a Georgia law (which is the only thing that matters) that says that CAP, ROTC, or JROTC is part of the organized militia.

Well, you can't.  I checked Georgia law and the organized militia in Georgia consists of the Army and Air National Guards, Georgia State Defense Force and the Naval Militia (which isn't currently organized in GA).  Basically you're claiming that CAP is part of the state military establishment which might actually be some sort of other crime in the state. 

This is an incredibly important point -- there are all sorts of crazy gun nut militia types out there claiming to be the "militia" and if you're going around claiming that CAP is part of the organized militia (meaning subject to state military law) then you're really going to give CAP a bad name. 

The fact that CAP may have some sort of office within the GA DOD and that it gets funding from the state in no way makes CAP part of the organized militia. 

You really need to show some facts to back up this claim or stop making it before you really start misleading a lot of other GA CAP folks and getting the Wing in serious trouble. 

Now, GA law does have a pretty standard prohibition on wear of military uniforms and like almost all there isn't any exception made for CAP.  However, since the federal military gives us authority to wear these uniforms I doubt any state has ever prosecuted a CAP member for doing so. 

[skymaster]

The organised militia definition has been expanded over the years to include military auxiliaries, as well as ROTC and JROTC, and programs that receive state funding through Georgia DOD (CAP is included as a line item there), that have a recognised ID card that identifies the holder as a member of the said group. The Official Code of Georgia is not the ONLY law in Georgia. Decisions of various courts, budgets, and cabinet-level departmental policies all carry equal weight with the OCGA. And if the Governor and Adjutant General say that you are a State DOD resource/force multiplier, well, you get the idea. (Plus various 10th and 14th Amendment issues).

OMG this is wrong on so many levels that it is almost dangerous.  "Organized militia" has a very specific set of meaning under state laws and I challenge you to show me a Georgia law (which is the only thing that matters) that says that CAP, ROTC, or JROTC is part of the organized militia.

Well, you can't.  I checked Georgia law and the organized militia in Georgia consists of the Army and Air National Guards, Georgia State Defense Force and the Naval Militia (which isn't currently organized in GA).  Basically you're claiming that CAP is part of the state military establishment which might actually be some sort of other crime in the state. 

This is an incredibly important point -- there are all sorts of crazy gun nut militia types out there claiming to be the "militia" and if you're going around claiming that CAP is part of the organized militia (meaning subject to state military law) then you're really going to give CAP a bad name. 

The fact that CAP may have some sort of office within the GA DOD and that it gets funding from the state in no way makes CAP part of the organized militia. 

You really need to show some facts to back up this claim or stop making it before you really start misleading a lot of other GA CAP folks and getting the Wing in serious trouble. 

Now, GA law does have a pretty standard prohibition on wear of military uniforms and like almost all there isn't any exception made for CAP.  However, since the federal military gives us authority to wear these uniforms I doubt any state has ever prosecuted a CAP member for doing so.

O.C.G.A. 38-2-275 (2010)
38-2-275. Unlawful wearing of uniforms and devices indicating rank; penalty


(a) It shall be unlawful for any person except members of components of the armed forces of the United States, members of the organized militia of this or any other state, members of associations wholly composed of persons honorably discharged from the armed forces of the United States, and members of associations wholly composed of children of veterans of any war of the United States to wear any uniform or any device, strap, knot, or insignia of any design or character used as a designation of grade, rank, or office such as are by law or by regulation, duly promulgated, prescribed for the use of the organized militia or similar thereto, provided that this Code section shall not apply to cadets of military schools, the Boy Scouts of America, or to persons wearing on the stage any such uniform at theatrical or like performances.

(b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.

§ 38-2-277 - Unauthorized military bodies prohibited; exceptions; support by counties or cities prohibited; penalty for membership

O.C.G.A. 38-2-277 (2010)
38-2-277. Unauthorized military bodies prohibited; exceptions; support by counties or cities prohibited; penalty for membership


(a) No body of men other than the organized militia, components of the armed forces of the United States, and bodies of the police and state constabulary and such other organizations as may be formed under this chapter shall associate themselves together as a military unit or parade or demonstrate in public with firearms.

(b) Associations wholly comprised of military personnel honorably discharged from the service of the United States and benevolent and secret organizations may parade in public with swords. Students in educational institutions where military science is a prescribed part of the course of instruction may drill or parade with firearms in public under the supervision of their instructors. This Code section shall not be construed to prevent parades in public with firearms by authorized organizations of the organized militia of any other state.

(c) No political subdivision of this state shall raise or appropriate any money toward arming, equipping, uniforming, or in any other way supporting, sustaining, or providing drill rooms or armories for any such unauthorized organizations.

(d) Any person who actively participates in an unauthorized military organization or who parades with any unauthorized body of men as set forth in subsection (a) of this Code section shall be guilty of a misdemeanor.

And as far as the history, I trust the word of two former Wing Commanders and the family of our FIRST GAWG Commander as a source.

[Garibaldi]

wow...what a can of worms i kicked over. my apologies.

[RiverAux]

skymaster, neither of those quotes from GA law have anything to do with your assertion that CAP members in GA are part of the organized militia.