How to deal with any armed organization going forward, whether it presents itself as a "militia" or not, regardless of whether it is on the left or right

I think the mere existence of these organizations constitutes a threat that needs to be dealt with by Congress.

But first of all, lets see exactly what the Constitution has to say on this subject.

Article I, Section 8:

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

Article II, Section 2:

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

Amendment II:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The Constitution makes clear that the militia is an instrument of the government, not a creation of private individuals. The Constitution reserves to Congress the power to organize the militia with the States conducting the day to day training when not in service of the United. Since the Dick Act in 1903, the National Guard and the Naval Militia constitutes the active militia. There are a handful of States that maintain State Guard’s, authorized under Title 32 of the United States Code, that are not subject to Federal activation, such as the Texas State Guard.

However, there are a number of so called “constitutionalist” militia’s formed by various individuals in various States, that are actually unconstitutional. They don’t report to the State Governor as a legitimate militia must do. Indeed, they operate completely separate from the umbrella of government. Instead, they conducted armed protests against the very government they are supposed to support and defend. And individual members plotted to kidnap the very Governor who is Commander in Chief of the State militia when not in Federal activation.

These are not militia’s. These are armed private paramilitary groups operating in the United States. Structurally, they are no different from Al Qaeda or ISIS. They merely espouse different views and different goals. While they are not engaging in an active pattern of terrorism, the situation in Michigan and the known radicalism of some of their members clearly indicate that they have the capability of crossing that line at any time.

So what to do?

The Second Amendment ONLY protects the right to keep and bear arms in an INDIVIDUAL capacity. In no way does it confer upon any group of individuals the right to form a paramilitary organization.

Congress needs to act by passing legislation to outlaw the existence of any militia or paramilitary organization, other than those specifically authorized by the Dick Act and controlled by the States, such as the National Guard, Texas State Guard, etc. Existing groups would have 30 days to disband voluntarily, after which they would be declared in violation of the law and their members would be subject to immediate arrest.

Any armed encroachment on ANY seat of government, whether Washington, D.C., the State Capitols, county courthouses or city halls, would be considered an act of rebellion and would be subject to military suppression if required and then civilian prosecution in the Article III Courts. What went on in Michigan was not a civil protest, not by a â– â– â– â– â– â– â–  long shot. It was a threat, period.

I would also include provisions against armed interference at any polling location.

Too many jackasses on the left and the right.

Beyond time to shut them all down for good.

As a side note, I would include provisions against arming police with paramilitary equip and banning police from training in paramilitary procedures.

The police are civil servants. They should be 100% separate from the military in all aspects, including equipment and training Use any extra money to train them in situation de-escalation, etc.

Sound nice. So does “Summer of Love”.

There are several issues with your proposal stemming from a lack of understanding of the Constitution.

Additionally, there is no such thing as “paramilitary training or equipment”.

The word “paramilitary” is meaningless other than to evoke emotion.

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Anybody that wants to be in the militia is absolutely free to do so. They can Google the nearest National Guard recruiter.

What has been done about all of the months of rioting in Portland. If that can’t be controlled how is an armed organization going to be controlled going forward?

You say it is time to shut them all down for good. I wholeheartedly agree.

10 U.S. Code § 246 - Militia: composition and classes


The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b)The classes of the militia are—


the organized militia, which consists of the National Guard and the Naval Militia; and


the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

Looks like federal law recognized the unorganized militia

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I am all for shutting down the asshats in Portland. They are just as big asshats as the people in Michigan.

The unorganized militia is just that, unorganized. It’s members do not train, conduct drills, etc. That provision exists to allow States to involuntarily induct citizens into their organized militia should the need arise, which fortunately is unlikely.

It gives ZERO authority for citizens to conduct militia activities outside the direct purview of government.

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They don’t need authority from the government.

Define “militia activities”.

Great OP.

There is a lot to take in there. I will be interested in the discussion, since I am definitely no expert on these types of subjects.

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Pretty much everyone with any sanity is.


I appreciate your thoughtful post yet it seems to belie actuality.

Is it against the law to peaceably assemble in this country?

Is it against the law to petition to redress grievances in this country?

Is it against the law to be armed in this country?

The answer to all three is of course, no. They are enumerated rights.

Is it against the law for me to do all three of those with my friends?

No, of course not.

Is it against the law to gather 20 of your friends and teach them D&C on your lawn in this country?


Is it against the law for me to lay out tape and teach CQB tactics, techniques and procedures to my friends?


Camouflage? Cover and concealment? Stalking? Team, squad, platoon or company tactics? Mechanical breaching? Offensive driving? Infantry Platoon in Defense? Special Forces Manual of Common Tasks? AR 670-1? Improvised explosives? Human Factors Considerations of Undergrounds in Insurgencies? How to Conduct a Squad Ambush? Combatives? Scouting and Patrolling?


Can I get 10 of them with big trucks, go out in the back pasture and practice FM 3-20.971 Reconnaissance and Cavalry Troop?


Can I teach my friends BRM? Advanced Combat Marksmanship?

Yes, yes I can.

So on what basis are we going to institute this dream?

We punish people in this country for what they do, not what they call themselves. And we punish individuals for actions they commit, not because we don’t like them.


Exactly what are “militia activities” and which ones am I prohibited from participating in?

“Armed organization”

None such. The organization is not armed, the individual is.

Sounds like you are going to throw the baby out with the bathwater, Safiel. That doesn’t work for me.

Why going forward? Why did we need to wait for and election and 2 billion dollars in damages to see it is a bad thing. At anytime the Mayor’s in the cities could have put a stop to it, it is their job to protect the citizens of the cities not the looters and rioters. I have seen that word peaceful protests for months now almost always followed with a riot.

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So just leave people subject to whatever tyrannical whims their government decides to impose on them??

And people need to calm the â– â– â– â–  down!!

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Actually a quite accurate term for private armies.