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Title: Laws Regarding Private Militias. Found on another board and have not checked it out yet.
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Published: Jul 28, 2009
Author: .
Post Date: 2009-07-28 12:25:23 by PSUSA
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Views: 107
Comments: 4

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.

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#1. To: PSUSA, *California list* (#0)

thanks for the post. i have checked the CA code and your post is legit. it seems that the wording of intending to cause a 'civil disorder' is key here.

-------------------------- 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.

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Artisan  posted on  2009-07-28   12:34:55 ET  Reply   Untrace   Trace   Private Reply  

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