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Militia in Colorado Constitution

Colo. Const. Art. XVII, Section 1 (Copy w/ Cite)
Pages: 1

Colo. Const. Art. XVII, Section 1

COLORADO REVISED STATUTES

*** This document reflects changes passed at the Second Regular Session and First Extraordinary Session
of the Sixty-Eighth General Assembly of the State of Colorado (2012) ***

CONSTITUTION OF THE STATE OF COLORADO
ARTICLE XVII MILITIA

Colo. Const. Art. XVII, Section 1 (2012)

Section 1. Persons subject to service

The militia of the state shall consist of all able-bodied male residents of the state between the ages of eighteen and forty-five years; except, such persons as may be exempted by the laws of the United States, or of the state.

HISTORY: Source: Entire article added, effective August 1, 1876, see L.1877, p. 72.

Cross references: For the state defense force, see article 4 of title 28; for the composition of the state defense force, see § 28-4-104; for the requirement of United States citizenship, see § 28-4-112.

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Section 2. Organization - equipment - discipline

The organization, equipment and discipline of the militia shall conform as nearly as practicable, to the regulations for the government of the armies of the United States.

HISTORY: Source: Entire article added, effective August 1, 1876, see L.1877, p. 72.

Cross references: For rules and regulations dealing with organization, equipment, and discipline, see § 28-4-105; for the requisition of equipment, see § 28-4-107.

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Section 3. Officers - how chosen

The governor shall appoint all general, field and staff officers and commission them. Each company shall elect its own officers, who shall be commissioned by the governor; but if any company shall fail to elect such officers within the time prescribed by law, they may be appointed by the governor.

HISTORY: Source: Entire article added, effective August 1, 1876, see L.1877, p. 73.

Cross references: For oath of officers, see § 28-4-113.

Applied in People ex rel. Boatright v. Newlon, 77 Colo. 516, 238 P. 44 (1925).

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Section 4. Armories

The general assembly shall provide for the safekeeping of the public arms, military records, relics and banners of the state.

HISTORY: Source: Entire article added, effective August 1, 1876, see L.1877, p. 73.

Cross references: For the provision of state armories, see also § 28-4-107.

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Section 5. Exemption in time of peace

No person having conscientious scruples against bearing arms shall be compelled to do militia duty in time of peace.

HISTORY: Source: Entire article added, effective August 1, 1876, see L.1877, p. 73. L.2006: Entire section amended, p. 2955, effective upon proclamation of the Governor, L. 2007, p. 2964, December 31, 2006.