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Laws Regarding Private Militias

with 12 comments

My friend at http://surrealworld.wordpress.com/ passed this info along regarding the laws ‘outlawing’ paramilitary training across the united states. I looked up the CA law that was referenced, and it is pasted below. The key here seems to be if a person trains with the intent to cause a ‘civil disorder’ then they can be prosecuted under this law. Original post in it’s entirety is below.
———————————

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=11001-12000&file=11460

PENAL CODE
SECTION 11460
11460. (a) Any two or more persons who assemble as a paramilitary
organization for the purpose of practicing with weapons shall be
punished by imprisonment in a county jail for not more than one year
or by a fine of not more than one thousand dollars ($1,000), or by
both that fine and imprisonment.
As used in this subdivision, “paramilitary organization” means an
organization which is not an agency of the United States government
or of the State of California, or which is not a private school
meeting the requirements set forth in Section 48222 of the Education
Code, but which engages in instruction or training in guerrilla
warfare or sabotage, or which, as an organization, engages in rioting
or the violent disruption of, or the violent interference with,
school activities.
(b) (1) Any person who teaches or demonstrates to any other person
the use, application, or making of any firearm, explosive, or
destructive device, or technique capable of causing injury or death
to persons, knowing or having reason to know or intending that these
objects or techniques will be unlawfully employed for use in, or in
the furtherance of a civil disorder, or any person who assembles with
one or more other persons for the purpose of training with,
practicing with, or being instructed in the use of any firearm,
explosive, or destructive device, or technique capable of causing
injury or death to persons, with the intent to cause or further a
civil disorder, shall be punished by imprisonment in the county jail
for not more than one year or by a fine of not more than one thousand
dollars ($1,000), or by both that fine and imprisonment.
Nothing in this subdivision shall make unlawful any act of any
peace officer or a member of the military forces of this state or of
the United States, performed in the lawful course of his or her
official duties.
(2) As used in this section:
(A) “Civil disorder” means any disturbance involving acts of
violence which cause an immediate danger of or results in damage or
injury to the property or person of any other individual.
(B) “Destructive device” has the same meaning as in Section 12301.

(C) “Explosive” has the same meaning as in Section 12000 of the
Health and Safety Code.
(D) “Firearm” means any device designed to be used as a weapon, or
which may readily be converted to a weapon, from which is expelled a
projectile by the force of any explosion or other form of
combustion, or the frame or receiver of this weapon.
(E) “Peace officer” means any peace officer or other officer
having the powers of arrest of a peace officer, specified in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2.
——————————————————————————–

Laws Regarding Private Militias

Federal law prohibits paramilitary training and the manufacture or transport of weapons with the knowledge or intent that they will be used to create a civil disturbance. Ref 10 Federal law differs from most state laws prohibiting paramilitary training in that it applies only to the trainers, not the trainees. Under most state laws governing paramilitary training, participation as a trainee is also illegal.

Laws are on the books in 41 states to ban either the militias themselves or paramilitary training or both. Ref 11

The two types of laws operate differently. Anti-paramilitary training laws ban groups whose members know or intend that a civil disorder will result from their activities. Anti-militia laws ban all unauthorized militias, regardless of whether the participants have any specific criminal intent or knowledge. Anti-militia laws generally require evidence that a group of people are associated together in a formal military-type organization. Anti-paramilitary training statutes, by contrast, can be used against groups as small as two or three people. Both types of laws generally exempt organizations like hunting clubs.

These laws are seldom enforced, but they are relevant to an adjudicative determination that an individual is engaging in either lawful or unlawful militia activities.

The state laws and the legal citations for them are as follows:

Alabama. Anti-militia. Ala. Code § 31-2-125

Arizona. Anti-militia. Ariz. Rev. Stat. Ann. § 26-123.

Arkansas. Anti-paramilitary training. Ark. Code § 5-71-301 to -303.

California. Anti-paramilitary training. Cal. Penal Code § 11460.

Colorado. Anti-paramilitary training. Colo. Rev. Stat. § 18-9-120.

Connecticut. Anti-paramilitary training. Conn. Gen. Stat. § 53-206b.

Florida. Anti-militia and anti-paramilitary training. Fla. Stat. Ann. ch. 870.06, 790.29.

Georgia. Anti-militia and anti-paramilitary training. Ga. Code Ann. §§ 38-2-277, 16-11-150 to -152.

Idaho. Anti-militia and anti-paramilitary training. Idaho Code §§ 46-802, 18-8101 to -8105.

Iowa. Anti-militia. Iowa Code § 29A.31

Illinois. Anti-militia and anti-paramilitary training. Ill. Rev. Stat. ch. 1805, para 94-95.

Kansas. Anti-militia. Kan. Stat. Ann. § 48-203.

Kentucky. Anti-militia. Ky. Rev. Stat. Ann. § 38.440.

Louisiana. Anti-paramilitary training. La. Rev. Stat. Ann. § 117.1.

Maine. Anti-militia. Me. Rev. Stat. Ann. ***. 37-B, § 342.2.

Maryland. Anti-militia. Md. Code Ann. art. 65, § 35.

Massachusetts. Anti-militia. Mass. Gen. L. ch. 33 § 129-132.

Michigan. Anti-paramilitary training. Mich. Comp. Laws § 750.528a.

Minnesota. Anti-militia. Minn. Stat. § 624.61.

Mississippi. Anti-militia. Miss. Code Ann. § 33-1-31.

Missouri. Anti-paramilitary training. Mo. Rev. Stat. § 574.070.

Nebraska. Anti-paramilitary training. Neb. Rev. Stat. § 28-1480 to -1482.

Nevada. Anti-militia. Nev. Rev. Stat. § 203.080.

New Hampshire. Anti-militia. N.H. Rev. Stat. Ann. § 111:15.

New Jersey. Anti-paramilitary training. N.J. Rev. Stat. § 2C:39-14.

New Mexico. Anti-paramilitary training. N.M. Stat. Ann. § 30-20A-1 to -4.

New York. Anti-militia and anti-paramilitary training. N.Y. Mil. Law § 240.

North Carolina. Anti-militia and anti-paramilitary training. N.C. Gen. Stat. §§ 127A-151, 14-288.20.

North Dakota. Anti-militia. N.D. Cent. Code § 37-01-21.

Oklahoma. Anti-paramilitary training. Okla. Stat. Ann. ***. 21, § 1321.10.

Oregon. Anti-paramilitary training. Or. Rev. Stat. § 166.660.

Pennsylvania. Anti-paramilitary training. 18 Pa. Cons. Stat. § 5515.

Rhode Island. anti-militia and anti-paramilitary training. R.I. Gen. Laws §§ 30-12-7, 11-55-1 to -3.

South Carolina. Anti-paramilitary training. S.C. Code Ann. § 16-8-10 to -30.

Tennessee. Anti-paramilitary training. Tenn. Code Ann. § 39-17-314.

Texas. Anti-militia. Tex. Govt. Code; Ann. § 431.010.

Virginia. Anti-paramilitary training. Va. Code Ann. §§ 18.2-433.1 to -433.3.

Washington. Anti-militia. Wash. Rev. Code § 38.40.120.

West Virginia. Anti-militia. W.Va. Code § 15-1F-7.

Wyoming. Anti-militia. Wyo. Stat. § 19-1-106.

——————————————————————————–
States with Anti-Militia Laws Only (17)

Alabama. ALA. CODE s 31-2-125.
Arizona. ARIZ. REV. STAT. ANN. s 26-123.
Iowa. IOWA CODE s 29A.31.
Kansas. KAN. STAT. ANN. s 48-203.
Kentucky. KY. REV. STAT. ANN. s 38.440.
Maine. ME. REV. STAT. ANN. ***. 37-B, s 342.2.
Maryland. MD. CODE ANN. art. 65, s 35.
Massachusetts. MASS. GEN. L. ch. 33, s 129-132.
Minnesota. MINN. STAT. s 624.61.
Mississippi. MISS. CODE ANN. $ 33-1-31.
Nevada. NEV. REV. STAT. s 203-080.
New Hampshire. N.H. REV. STAT. ANN. s 111:15.
North Dakota. N.D. CENT. CODE s 37-01-21.
Texas. TEX. GOV’T CODE ANN. s 431.010.
Washington. WASH. REV. CODE s 38.40.120.
West Virginia. W. VA. CODE s 15-1F-7.
Wyoming. WYO. STAT. s 19-1-106.

States with Anti-Paramilitary Training Laws Only (17)

Arkansas. ARK. CODE s 5-71-301 to -303.
California. CAL. PENAL CODE s 11460.
Colorado. COLO. REV. STAT. s 18-9-120.
Connecticut. CONN. GEN. STAT. s 53-206b.
Louisiana. LA. REV. STAT. ANN. s 117.1.
Michigan. MICH. COMP. LAWS s 750.528a.
Missouri. MO. REV. STAT. s 574.070.
Montana. MONT. CODE ANN. s 45-8-109.
Nebraska. NEB. REV. STAT. s 28-1480 to -1482.
New Jersey. N.J. REV. STAT. s 2C:39-14.
New Mexico. N.M. STAT. ANN. s 30-20A-1 to -4.
Oklahoma. OKLA. STAT. ANN. ***. 21, s 1321.10.
Oregon. OR. REV. STAT. s 166.660.
Pennsylvania. 18 PA. CONS. STAT. s 5515.
South Carolina. S.C. CODE ANN. s 16-8-10 to -30.
Tennessee. TENN. CODE ANN. s 39-17-314.
Virginia. VA. CODE ANN. s 18.2-433.1 to -433.3.

States with Both Anti-Militia and Anti-Paramilitary Training Laws (7)

Florida. FLA. STAT. ANN. ch. 870.06, 790.29.
Georgia. GA. CODE ANN. ss 38-2-277, 16-11-150 to -152.
Idaho. IDAHO CODE ss 46-802, 18-8101 to -8105.
Illinois. ILL. REV. STAT. ch. 1805, para. 94-95.
New York. N.Y. MIL. LAW s 240.
North Carolina. N.C. GEN. STAT. ss 127A-151, 14-288.20.
Rhode Island. R.I. GEN. LAWS ss 30-12-7, 11-55-1 to -3.

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Written by libertyfight

July 28, 2009 at 4:42 pm

Posted in Traffic tickets

12 Responses

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  1. I am the Commander and Co-Founder of the New Hampshire Patriot Militia ( http://www.nhmilitia.com ) I am also the Founder of the North East Patriot Association ( http://www.nepassoc.com ) a legally formed New Hampshire Corporation ( trying to keep things legal ) and YES I am a NH Resident , living in the Lakes Region of New Hampshire. If anyone would like to know more feel free to drop me a line jim@nhmilitia.com

    Thanks

    JimmyMac65

    March 13, 2010 at 2:44 pm

  2. The “civil disorder” part you described is in part (b) you could still be charged with part (a).

    greg

    May 31, 2010 at 7:51 pm

  3. Great post.

    However, I think you may have the wrong citation for Illinois.

    Can you find me the anti-militia/para-military laws for the state of Illinois? I’ve been looking unsuccessfully.

    Many thanks.

    tim

    January 25, 2011 at 4:34 am

  4. Also, are the Maryland laws you cited still on the books? I can’t seem to find them, either.

    tim

    January 25, 2011 at 4:54 am

  5. These laws go against the second amendment so they are invalid.

    Butch

    April 21, 2013 at 5:59 am

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  7. […] have the life span of a mayfly. the assmembly itself being the crime isn't going to hold water. https://libertyfight.wordpress.com/20…vate_militias/ This is site that describes the different anti-militia and anti-paramilitary training states. […]

    Anonymous

    July 28, 2013 at 7:45 am

  8. […] are doing the same. (Google Knob Creek) You would think however in 41 states that is the case. https://libertyfight.wordpress.com/20…vate_militias/ With the Presser case I mention appearing to protect the right of the states to do so. I goggles […]

  9. I am looking at the Missouri statute you cite as outlawing “paramilitary organizations” (i.e. militias). What it prohibits is training in pursuit of “civil disorder”, but does not prohibit training for “other lawful purposes”. The Missouri Unorganized Militia is specifically addressed by Missouri statutes and is thus (presumably) a lawful purpose.

    Pete Shoults

    December 22, 2013 at 5:02 pm

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