And safety valves on militias are nonexistent. By strict definition, a militia is a group of private citizens who are trained for military duty in case they need to be called upon to defend their state or country in an emergency. Are militia groups 'protecting' businesses in downtown Spokane legal? Others cite governments ponsored racial and ethnic INTEGRATION as driving forces in their campaign against the federal and state governments. Law and Contemporary Problems 65 (spring). MARTIN: Before we let you go, you know, we've seen that some in the conservative media, the far-right media and right-wing groups, are defending the shooting suspect. But you do see this breaking down along political lines, and it's very unfortunate. Copyright © 2020, Thomson Reuters. I'm guessing that this varies state by state. But these untrained and unaccountable civilian militias are breaking the law, according to Mary McCord… You have to meet state criteria. 2002. and its Licensors MARTIN: So this is different from, say, if the owner of the gas station had a weapon, and he and his brothers, say, displayed their weapons in a way to defend their own property. In the middle of it, two people were killed and another seriously injured. Individual towns formed local independent militias for their own defense. But these untrained and unaccountable civilian militias are breaking the law, according to Mary McCord. Such groups, in and of themselves, are not illegal. “Even if this young man was not officially a member, their presence emboldens others to join them‚ and here we are talking about a 17-year-old who can’t even carry a weapon legally, open carry weapon in Wisconsin because of his age. McCord has offered to help local authorities with litigation against militia organizations by using Wisconsin law that prohibits private paramilitary as she did three years ago with militias in Charlottesville, Virginia. Militia groups have been on the move a lot of late. But one thing is consistent - all 50 states have some provision in their state law, whether it's their state constitution or their state statutes, that prohibits private militia, private paramilitary activity. And when these groups pretend to have legal authority, decide for themselves when to use deadly force — all while answering to no one — they’re breaking the very law they claim to be defending. "Stockpiling Weapons: Can Private Militias Receive Protection under the First and Second Amendments?" Anyone convicted of violating the provisions of the law is subject to a fine of not more than $1,000, imprisonment of six months, or both, for each offense. They're not aligned with those ideologies. According to neighbors, the group also established its own common-law court system and built its own jail for the imprisonment of trespassers and government workers, or "public hirelings.". All Rights Reserved In addition, many states, including Wisconsin, prohibit private individuals, untrained, unaccountable to civilian authority from taking on official functions - functions of an official public officer like a police officer without any authority. Live: Trump-Biden Final Presidential Debate, Antonacci, Van Laningham Seek Chief Florida Judge Post, Florida Will Let Children Visit Loved Ones At Long-Term-Care Centers, Federal Government Issues Advisory On Russian Hackers' Election Interference. What is it that crosses the line - the fact that they sort of presented themselves as a militia? Predictably, there's been crowdfunding to raise money for his defense. Terms of Use, Law Library - American Law and Legal Information, Second Amendment - Private Militias, Further Readings. In the middle of it, two people were killed and another seriously injured. What it does not protect is armed members of the community banding together as an organized police force, really. But these untrained and unaccountable civilian militias are breaking the law, according to Mary McCord. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. ©2020 CBS Broadcasting Inc. All Rights Reserved. The legality of militias depends largely on which militia you're talking about. Many private militias are driven by the insurrection theory of the Second Amendment. They're not members of the National Guard. Private militias have been formed by individuals in America since the colonial period. And the Kenosha guard and the other militia members - they weren't telling the 17-year-old to go home, to get out of there, you know, not to be with them. Instead, any criminal charges usually arise from activities associated with their political beliefs. Explain what's legal and what's not. That may be because of a fundamental misunderstanding of the Second Amendment, particularly in open carry states. But one thing is consistent - all 50 states have some provision in their state law, whether it's their state constitution or their state statutes, that prohibits private militia, private paramilitary activity. (SOUNDBITE OF YOSI HORIKAWA'S "STARS") Transcript provided by NPR, Copyright NPR. Police agencies thanking them muddies the message, but the law is clear. NPR's Michel Martin talks with Georgetown University law professor Mary McCord about the legality of citizen militias, like the one that took to the streets in Kenosha, Wis. So the Second Amendment does protect an individual right to bear arms for one's own individual self-protection and protection of their own property. But oftentimes, you don't have to scratch much below the surface to see some pretty racist, xenophobic commentary on pages like Facebook, Reddit, other social media by members of those groups. Those are safeguards militia organizations don’t have. Instead, any criminal charges usually arise from activities associated with their political beliefs. But that I think just illustrates the danger of private militias - because it does embolden others, hangers-on, to join them. And as the United States has grown and changed, so has the definition and sanctioning of militias. Generally, these laws prohibit the parading and exercising of armed private militias in public, but do not forbid the formation of private militias. It is composed of physically fit civilians eligible by law for military service. She is the legal director of the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center, and she is with us now. Microsoft Edge. He was, you know, a hanger-on. We're going to turn our attention now to acts of violence that have taken place during recent street protests. MARTIN: You recently wrote letters to the Wisconsin attorney general and to the mayor of Kenosha and other local officials explaining that Wisconsin law prohibits private paramilitary activity. St. John's Journal of Legal Commentary 16 (winter). Those are safeguards militia organizations don’t have. While such state-sanctioned militias have been utilized in the past, the current, common definition of militia refers mostly to far-right paramilitary groups who see themselves as opposing a tyrannical government. MCCORD: Yeah, this is a great question. Hardaway, Robert, Elizabeth Gormley, and Bryan Taylor. Colorado Fire Grows By Over 100,000 Acres In 1 Day, Hits Rocky Mountain National Park, Latest Updates: Estes Park Evacuates As Winds Stoke Extreme Activity In East Troublesome Fire, Researchers Find Doubts About COVID-19 Vaccine Among People Of Color, 'Amazing' Escape Artist, Magician, And Skeptic James Randi Dead At 92. “You have that many heavily armed individuals, they are not reporting up to any public accountability, any civilian authority,” she said. Although the Freemen constituted an armed challenge to all government authority, its beliefs and its military activities were not illegal, and most of its members were charged with nonviolent crimes, such as FRAUD and related conspiracy. But these untrained and unaccountable civilian militias are breaking the law, according to Mary McCord. She is the legal director of the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center, and she is with us now. Usually the state imposes military obligation on the militia for the purposes of local or home defense and in case of emergencies. Under this view, the Second Amendment grants an unconditional right to bear arms for SELF-DEFENSE and for rebellion against a tyrannical government—when a government turns oppressive, private citizens have a duty to "insurrect," or take up arms against it. In fact, the Revolutionary War against England was fought in part by armies comprising not professional soldiers but ordinary male citizens.
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