YELLOWSTONE MILITIA

Standards, Guidelines and Constitution 2020

CopyRight © 2024 – Yellowstone Militia 1

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CORE VALUES

LOYALTY – Bear true faith and allegiance to the U.S. Constitution, the Montana Constitution - your community, your unit, and your fellow members.

DUTY – Fulfill your obligations.
RESPECT – Treat others as you would like to be treated.

SELFLESS SERVICE – Put the welfare of America , Montana, your community and fellow members before your own.

HONOR – Live up to the Core Values.
INTEGRITY – Act in accordance with what is right, legal and moral.

PERSONAL COURAGE – Face fear, danger, or adversity both physical and moral.

#1: Voting system
A: This needs to be done with all members whom attend that specific meeting.
B: Things pass when there is a majority rule.

C: Majority rule is ONLY needed for things such as enacting new rules and regulations and anything of a serious nature.

D: Once a vote is issued, members have 24 hours to vote. If you don't vote, your voice doesn’t get heard.

#2: All members MUST adhere to federal and state laws of the land that are not unconstitutional.

#3: All members must adhere to the constitution of the Yellowstone Militia.

#4: All members will provide their skills and training and will function according to those skills.

#5: All members will help out in other tasks were needed.

#6: Alcohol use and or drug use shall not be permitted during ANY group functions, such as training, missions, rallies, or tasks, by any members while conducting group business. (This shall result in immediate removal from the group)

#7: During group meetings in which there is talk of high level intel, members will be required to have their phones placed in a locked box, if any member wishes to not adhere to this, that member will be asked to leave the meeting area promptly and without question. This is soley for the safety and security of the group as a whole.

(B): Speaking to others of topics discussed at closed door meetings to anyone outside of the group including former members will be grounds for immediate removal from the militia.

#8: Chain of Command - State Commander (Colonel), LT Commander (LT Colonel), Company Commander (Major), Captain, 1st Lieutenant, 2nd Lieutenant, Sergeant Major, 1st Sergeant, Master Sergeant, Sergeant First Class, Staff Sergeant, Sergeant, Corporal, Militia Specialist, Private First Class and Private.

At any time the Commander places someone in charge that person is trusted to make decisions according to these Standards and Guidlines as if they were the Commander. The Colonel and LT Colonel are the only state recognized rank. Major and below are per each Militia company.

Constitution

ARTICLE I

WHO WE ARE

The Yellowstone Militia is made up of law abiding individuals who desire to work with each other to educate and inform the citizens of Montana and uphold the constitution of the United States and of the state of Montana. We do not condone violence in any way, shape or form unless necessary to the security of the free state. All members are volunteers, no one gets paid for their time or duties. You are free to come and go as you wish. We are purely a reactionary group. We are not a anti-police or anti- government militia. We will strive to have a good working relationship with the police and sheriffs office in our respective communities. We are Pro-Constitution. We do not tolerate any form of racism within our group. We do not discriminate against age, race, religion or sexual identity. However, members must be a minimum of 18 years old to qualify and must be in good mental capacity.

ARTICLE II

HISTORY

The history of the American Militia is long and celebrated. Throughout the early years of our nation, it was the determination and conviction of the Militia which assured America’s survival as a sovereign nation. With tremendous foresight, America’s Founding Fathers adopted specific measures to ensure the survival of America by way of support from the Militia, and why Congress addressed specific measures and took particular steps to uphold the tradition of Americans' Right (and obligation) To Keep and Bear Arms.
In recent years the proud name of the militia has been repeatedly targeted by members of
the Progressive Movement and self-serving individuals who seek to tarnish and pervert the meaning, and honorable tradition of the Militia. It is our goal to restore the good name of America's Militia by educating the public and by true and honorable conduct of our members.

ARTICLE III

OATH

I,________, do solemnly swear that I will support and defend the Constitution of The United States of America and The Constitution of The State of Montana against all enemies, foreign and domestic and that I will bear true faith and allegiance to the same. So Help Me God.

ARTICLE IV

PURPOSE

1) To recruit and train a civilian force to act as a Militia as defined by the United States Constitution and the Constitution of the State of Montana.
2) To educate said Militia on their rights, liberties, responsibilities, and duties as put forth in Constitutions of the U.S. and the State of Montana.
3) To safeguard the rights and privileges guaranteed citizens in U.S. and Montana Constitutions.
4) To assist in the organization of community groups with the goal of citizens working together to improve respective communities.
5) To assist state, county, and local authorities upon request.
6) To train and prepare communities to utilize local resources for natural or man-made disasters.
7) To establish, maintain, and operate a training facility for use by militia members and local law enforcement.
8) To provide needed supplies and equipment to local law enforcement that cannot be provided by the state, county and local governments due to budget restraints.

ARTICLE V

MEMBERSHIP

SEC. 5.01

Any citizen of the United States and a resident of the State of Montana 18 years or older, who shares the philosophical values and morals of the Yellowstone Militia is eligible for membership without regard to race, gender, or ethnic background.

SEC 5.02

Questions will be asked such as your background and training and what you can offer to the group. A background check will be conducted on all potential members.

SEC 5.03

Members also must be able to furnish their own uniform. Uniforms consist of the official OCP camo pattern, unit patches and rank patches. Rank patch MUST be visible at all times. Rank patch is to be visible on the left shoulder while the the name patch is to be visible on the right side. Combat boots or the eqivlant must be warn and pant legs must be tucked inside the boots

SEC 5.04

Ranks are determined by experience upon entry to the Yellowstone Militia. Ranks are chosen by the commander and can be changed to meet the needs of the team(s). Ranks per chapter are as follows: Major (company Commander), Captain, 1st Lieutenant, 2nd Lieutenant, Sergeant Major, 1st Sergeant, Master Sergeant, Sergeant First Class, Sergeant, Militia Specialist, Private First Class, Private Second Class and Private.

SEC 5.05

All militia members will be required to provide information about themselves 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 Yellowstone Militia . New members will be informed that a background check will be conducted to verify their identity.

SEC 5.06

Members whom wish to not follow the standards and guidelines and not follow the laws of the land will be banned from the Yellowstone Militia.

SEC 5.07

All new recruits will be required to be on a probationary period for a span of 90 days before becoming a patched member. The same

applies for all members who leave for a period of time then want to return.

SEC 5.08

All new recruits are required to attend a minimum of three militia militia sanctioned events before becoming a patched member.

SEC 5.09

New recruits will not have access to the portal for the safety and security of the rest of the group. Once the recruits probationary period

is over and they have been patched, will they be allowed to be on the portal.

SEC 5.10

New recruits will be given printed copies of the important documents to help them get started. Such as: Standards and Guidelines.

Article VI

Succession

SEC 6.01
The Commander of the Yellowstone Militia will designate a successor in the event of his death and or his or her's inability to perform the duties necessary to lead.

SEC 6.02

In the event the Commander of the Yellowstone Militia is unable to perform his duties either due to stepping down or death, the successor chosen will become the new Commander immediately without delay.

SEC 6.03

The same would also apply to leave of absences.

SEC 6.04

Once the Successor steps into his role as the new Commander he will select a member whether an officer or otherwise to be his successor.

ARTICLE VII

OPERATIONS

SEC 7.01

The Yellowstone Militia is organized as a citizen soldier fighting force and is structured as a military unit. We are a Non- profit functioning group.

SEC 7.02

The Command Staff will oversee all activities within the group.

SEC 7.03

The command staff will not act as law enforcement of any organized activity but will appoint a person to be in charge.

SEC 7.04

Any member may detain and or make a citizens arrest upon suspicion of a crime. That member must notify the Commander immediately or if not available, the next available officer in charge. That person whether command or the next available officer is to immediately notify the local police or sheriff department.

SEC 7.05

At anytime a member notifies the local authorities to report a crime or arrest, that member is to tell dispatch that they are with the Yellowstone Militia, this is per the Chief of Police and Sheriffs Office.

SEC 7.06

Its is strongly encouraged that all members use 223/556 and 9mm ammo, this is not mandatory but highly encouraged as most members use this type of ammunition.

SEC 7.07

The Yellowstone Militia is registered as a non-profit. We will have an Operations officer, Treasurer and Secretary. Once elected to the seat of their choosing the Commander will make available a responsibility check list which they will have to follow.

ARTICLE VIII

MEETINGS

SEC 8.01

Regular monthly meetings will be held at a time and place to be announced not later than 7 days prior to said meeting. These meetings are open to the public.

SEC 8.02

At least one training event will be held each month. Training events are open to the public. Non members (prospective members) will be allowed only with advanced permission from Yellowstone Militia Commander.

SEC 8.03

All members are required to attend a minimum of two group functions a month unless otherwise approved by command.

ARTICLE IX

FINANCE

SEC 9.01

All members will be required to furnish their own gear and uniforms at this time.

SEC 9.02

Members are required to pay for their own rank and name badges.

SEC 9.03

The Yellowstone militia Operations Officer and treasurer will be directly in control of all financial issues within the Militia.

SEC 9.04

Company donations will be taken at every company meeting.

ARTICLE X

CHARTER GROUPS

Sec 10.01

All charter groups will be known as a “Company”. Designation will be determined strictly by the number of members.

SEC 10.02

All Companies will be subject to orders and directives of the Yellowstone Militia State Commander, and the Standards and Guidelines as set forth here.

SEC 10.03

All charter group members MUST receive approval by the Command Staff of the Yellowstone Militia.

SEC 10.04

The Yellowstone Militia State Commander reserves the right to dissolve charter groups at any time at his discretion.

SEC 10.05

Only Active Members, in good standing, will be eligible to become Officers.

SEC 10.06

Chapter Commanders will be selected by the Command Staff of Yellowstone Militia Company one in BIllings.

ARTICLE XI

EVENTS

SEC 11.01

At the beginning, during and end of any event, members of the Yellowstone Militia will conduct themselves as professionals at all times.

SEC 11.02

The Chapter from the county in which the event is taking place will have the first opportunity to represent the Yellowstone Militia.

SEC 11.03

If the Chapter from that county declines, then the Militia commanding county will present other Chapters with the opportunity.

SEC 11.04

All members must remember that the public image of the Yellowstone Militia will be the image that each member puts forth. Therefore, while working an event, all members must present a neat and professional appearance, remaining in the uniform of the day until relieved of duty.

ARTICLE XII

COMMUNICATION

SEC 12.01

The Yellowstone Militia has several forms of communication, the primary method is the chats through signal and the portal. (Signal will be the primary, the portal will be the secondary). All the team files and educational files will be uploaded to the portal so please be sure to watch that often for the new things.

SEC 12.02

In the group chats on signal and on the portal, no talk of criminal activity will be tolerated. We do not condone criminal acts.

SEC 12.03

The secondary form of communication should be the radios VHF/UHF. Members are encouraged to get your Amatuer Radio License.

SEC 12.04

Third form of communication should be facebook and or any other form of social media. Social media communications should only be utilized to notify other members of non-sensitive information.

SEC 12.05

Please see the Militia Communications Plan. This will be on the website, signal and the portal.

ARTICLE XIII

DISCIPLINE

SEC 13.01

Under any circumstances whatsoever, illegal and/or unethical behavior WILL NOT BE TOLERATED. Any behavior judged to be detrimental to the Yellowstone Militia will result in immediate and permanent termination of membership.

ARTICLE XIV

AMENDMENTS SEC 14.01

Any and all amendments or alterations to this document requires two-thirds (2/3) majority vote by the Yellowstone Militia lead members.

ARTICLE XV

ROE
Rules of Engangement

Yellowstone Militia does not give and is not giving legal advice or guidance or creating or forming any form of attorney/client or other relationship. Be sure to consult with your personal, local, law enforcement agency, or governmental legal advisor for any legal advice, guidance, training, or direction.

1.Each member is to follow any law enforcement guidance. If no guidance is given, COC (Chain of Command) will take precedence.

2.The Commander or highest ranking officer will lay out the ROE (Rules of Engagement) prior to any mission, rally, protest or intervention.

a.If you are operating as a unit, squad, QRF or fire team, follow the orders of your leaders.

b.If you are NOT operating as a unit, squad, QRF or fire team, you may use any force necessary to include deadly force when necessary to -

i.Defend yourself from serious injury or death.
ii.Defend other members of the militia.
iii.Defend an innocent from serious bodily injury or death. iv.Defend buildings, supplies, and equipment.

3.Use direct fire of a fire arm is only when approved by the Commander/Highest ranking officer or unit leader

4.Always Stand your ground, no matter what. Try to deescalate if possible before resorting to any higher use of force.

a.Do not fire any weapons unless fired upon or to protect the a life, liberty, or eye sight of another human.

b. USE OF FORCE CONTINUUM LEVEL IV: ACTION

If forced to move to the action level in the civilian use of force continuum, if possible, always begin with de-escalation. Then proceed to verbalization, and only as a last resort, resort to physical contact.

The goal of action is to avoid confrontation through de-escalation and verbalization. Of course, the last part of this level, in worst-case scenarios, involves physically defending yourself. But avoidance should be your default position.

De-escalation: De-escalation comes through action. Physically removing yourself from a bad situation is a form of de-escalation. Locking yourself in a car might give the suspect a chance to calm down or lose interest in you.

Verbalization: Communication is key when de-escalating a potentially volatile situation. Try to display and project patience, understanding and professionalism. Listening to someone is very important when trying to calm down an agitated suspect or de-escalate a situation.

Physical Action: If de-escalation and verbalization won't dissuade the individual(s), and the situation is at a point where you feel you're in danger of severe bodily harm or death, then you have no other choice but to defend yourself physically.

When we talk about physical action, we base our assessments on individual capabilities. It's

impossible to have a structured plan of action that applies to all members/civilians. Some of the factors examined during an investigation include:

Age
Physical attributes- height, weight, strength, etc.
Physical limitations- disabilities, injuries, medical history, etc. Training

Here's an example of how this might play out:

A 25-year-old athletic 6'4" male, weighing 210 pounds assaults a 76-year-old male weighing 140 pounds. The victim is on heart medication and blood thinners.

In this case, one blow to the 76-year-old victim could be deadly. If the victim pulled a firearm in self-defense, it would likely be seen as lawful. If the suspect continued to advance and the victim believed his life was in danger, deadly force might be seen as lawful as well, even though the suspect was unarmed.

If the tables were turned in this scenario, and the younger man was the victim, the actions taken still might be lawful. All of these varying details would be taken into account, then added up during the investigation.

ACTION, TRAINING AND RESPONSE

In a civilian self-defense use of force scenario, someone's training will be scrutinized after the event. But that doesn't mean someone with self-defense training can't use reasonable physical force - or even deadly force - against someone bigger, stronger or younger than them.

The victim's perception and the reasonableness of the response (action) will also be investigated. This inquiry includes how the attack or threat of attack was perceived, and if there was a legitimate threat (i.e. the victim didn't start the incident or insert themselves into the incident). The investigation will also examine the capability of the suspect to carry out the threat.

The real question most investigators will ask is, "Was the response from the victim reasonable?" Sometimes the answer is yes, it was, but sometimes the answer is no, the force used was unreasonable.

Several recent examples of unreasonable force used have popped up around the nation:

There was an attack or legitimate threat. The victim responded with a firearm, but the suspect fled the scene on foot or in a vehicle. The victim continued to fire as the suspect fled. If the victim is fleeing, the threat is no longer valid. Any force used past this point is illegal.

For law enforcement, the fleeing felon rule came into effect in 1985 due to the Supreme Court case Tennessee vs. Garner. The ruling stated that deadly force could not be used on a fleeing felon, unless that felon posed a grave danger to others or the public.

Montana Code Annotated 2023

TITLE 45. CRIMES
CHAPTER 3. JUSTIFIABLE USE OF FORCE

Part 1. When Force Justified Definitions

45-3-101.Definitions. (1) "Force likely to cause death or serious bodily harm" within the meaning of this chapter includes but is not limited to:

(a)the firing of a firearm in the direction of a person, even though no purpose exists to kill or inflict serious bodily harm; and

(b)the firing of a firearm at a vehicle in which a person is riding.

(2)"Forcible felony" means any felony which involves the use or threat of physical force or violence against any individual.

History:En. 94-3-101 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-101.

Use Of Force In Defense Of Person

45-3-102.Use of force in defense of person. A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the conduct is necessary for self-defense or the defense of another against the other person's imminent use of unlawful force. However, the person is justified in the use of force likely to cause death or serious bodily harm only if the person reasonably believes that the force is necessary to prevent imminent death or serious bodily harm to the person or another or to prevent the commission of a forcible felony.

History:En. 94-3-102 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-102; amd. Sec. 1643, Ch. 56, L. 2009.

Use Of Force In Defense Of Occupied Structure

45-3-103.Use of force in defense of occupied structure. (1) A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the use of force is necessary to prevent or terminate the other person's unlawful entry into or attack upon an occupied structure.

(2)A person justified in the use of force pursuant to subsection (1) is justified in the use of force likely to cause death or serious bodily harm only if:

(a)the entry is made or attempted and the person reasonably believes that the force is necessary to prevent an assault upon the person or another then in the occupied structure; or

(b)the person reasonably believes that the force is necessary to prevent the commission of a forcible felony in the occupied structure.

History:En. 94-3-103 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-103; amd. Sec. 1644, Ch. 56, L. 2009; amd. Sec. 4, Ch. 332, L. 2009.

Use Of Force In Defense Of Other Property

45-3-104.Use of force in defense of other property. A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the conduct is necessary to prevent or terminate the other person's trespass on or other tortious or criminal interference with either real property, other than an occupied structure, or personal property lawfully in the person's possession or in the possession of another who is a member of the person's immediate family or household or of a person whose property the person has a legal duty to protect. However, the person is justified in the use of force likely to cause death or serious bodily harm only if the person reasonably believes that the force is necessary to prevent the commission of a forcible felony.

History:En. 94-3-104 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-104; amd. Sec. 1645, Ch. 56, L. 2009.

Use Of Force By Aggressor

45-3-105.Use of force by aggressor. The justification described in 45-3-102 through 45-3-104 is not available to a person who:

(1)is attempting to commit, committing, or escaping after the commission of a forcible felony; or

(2)purposely or knowingly provokes the use of force against the person, unless:

(a)the force is so great that the person reasonably believes that the person is in imminent danger of death or serious bodily harm and that the person has exhausted every reasonable means to escape the danger other than the use of force that is likely to cause death or serious bodily harm to the assailant; or

(b)in good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that the person desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

History:En. 94-3-105 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-105; amd. Sec. 1646, Ch. 56, L. 2009.

Use Of Force To Prevent Escape

45-3-106.Use of force to prevent escape. (1) A peace officer or other person who has an arrested person in custody is justified in the use of force to prevent the escape of the arrested person from custody that the officer or other person would be justified in using if the officer or other person were arresting the person.

(2)A guard or other peace officer is justified in the use of force, including force likely to cause death or serious bodily harm, that the guard or officer reasonably believes to be necessary to prevent the escape from a correctional institution of a person whom the guard or officer reasonably believes to be lawfully detained in the institution under sentence for an offense or awaiting trial or commitment for an offense.

History:En. 94-3-106 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-106; amd. Sec. 1647, Ch. 56, L. 2009.

45-3-111. Openly carrying weapon -- display -- exemption. (1) Any person who is not otherwise prohibited from doing so by federal or state law may openly carry a weapon and may communicate to another person the fact that the person has a weapon.

(2) If a person reasonably believes that the person or another person is threatened with

bodily harm, the person may warn or threaten the use of force, including deadly force, against the aggressor, including drawing or presenting a weapon.

4th Amendment Risk Benefit Standard

“[I]n judging whether [officer’s] actions were reasonable, we must consider the risk of bodily harm that [officer’s] actions posed to [suspect] in light of the [suspect’s] threat to the public that [officer] was trying to eliminate.”

Scott v. Harris, 550 U.S. 372, 383 (2007)
Pepper spray and batons are also intermediate force options.

1. Bryan v. MacPherson, 630 F.3d 805 (9th Cir. (Cal.), November 30, 2010). 2. Id., quoting Cavanaugh v. Woods Cross City, 625 F.3d 661 (10th Cir. (Utah)

November 3, 2010).

“...officers using unnecessary, gratuitous, and disproportionate force to seize a secured, unarmed citizen, do not act in an objectively reasonable manner and, thus, are not entitled to qualified immunity.”

*Meyers v. Baltimore County, Md., --- F.3d ---, 2013 WL 388125 (4th Cir.(Md.) Feb 01, 2013)

Graham v. Connor Factors as Risk Prioritized Ranked by Chew v. Gates Order of Importance – Potential for Injury Risk Importance

Immediate threat to safety of officers/others
Actively resisting
Circumstances tense, uncertain, rapidly evolving (“pace” of events) Severity of the crime at issue
Attempting to evade seizure by flight

Graham’s “immediate” vs. “possible” threat:

“[A] simple statement by an officer that he fears for his safety or the safety of others is not enough; there must be objective factors to justify such a concern.”1

Beaver – “possibly” had a weapon under him

Brooks – “could” have fled in car
ONLY “immediate” threats – NOT “possible” threats

st Revised November 1 , 2020