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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: 108
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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#2. To: PSUSA (#0)

It appears that these statutes can be circumvented by structuring the militia under the legal shield of a corporation.

This has worked so far for DynCorp International & Blackwater/Xe, among others.

Buzzard  posted on  2009-07-28   13:18:18 ET  Reply   Untrace   Trace   Private Reply  

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