The term means different things to different people. For some, these groups are a daunting and unnecessary display of power. For a particular subset of gun rights advocates in the United States who find that their existence predates the Constitution, militias are the physical embodiment of the right to own and bear arms. This divergence is the reason why the militia`s ultimate interpretation is based on the law. The first militia regiments – precursors of the National Guard – were organized in Massachusetts in 1636. “The settlements formed militias because they didn`t want standing armies,” said Mary McCord, a former assistant attorney general in the Justice Department`s National Security Division. Two months after the 2017 Unite the Right rally in Charlottesville, Virginia, ICAP filed a lawsuit on behalf of the city of Charlottesville, arguing that all armed militia groups there were paramilitary organizations, claiming they had violated three different Virginia laws that explicitly prohibit unregulated militias. In 2018, the commanders of five paramilitary groups — Pennsylvania Light Foot, new York Light Foot Militia, Maryland People`s Militia III%, the American War Revolution, and the U.S. Revolutionary Guards — agreed never to return to the city. (McCord is currently working on a similar case in Albuquerque, New Mexico, where members of the New Mexico Civil Guard were patrolling at a rally in June 2020 when a protester was shot dead.) The Institute for Constitutional Advocacy and Protection (ICAP) is a watchdog group affiliated with Georgetown Law School that prosecutes and challenges what it calls “illegal private paramilitaries” in the United States. When armed citizens of several neighboring militias defended a lynchburg restaurant during a protest that turned violent in May, ICAP accused them of violating Virginia law by acting as an unauthorized “military unit,” carrying firearms “to promote civil unrest,” and “performing law enforcement functions.” “The danger of militias comes from usurping the role of law enforcement and imposing their will on others,” McCord said.

“It is illegal to project authority onto others without their consent. It violates people`s civil rights. This also includes the right to freedom of assembly. After the attack on the U.S. Capitol on January 6, we looked at how armed protesters can intimidate unarmed protesters into changing their plans – or not showing up at all. In these cases, the second amendment is used to delete the first. In recent years, militias have done more than just demonstrate. They gave security to far-right lawmakers.

They also campaigned themselves at the U.S.-Mexico border, where “they only detain people,” McCord said, though they don`t have the legal authority to do so. Militia members also patrol protests against social justice, which has led to incidents of violence – and unease among residents. Militia members also point to national calls to “relieve the police” in response to incidents of police brutality, as well as ongoing riots in cities across the United States as reasons to form and support militias. “We can see that these [far-left] groups have already expressed the anarchy they are willing to throw at people if they don`t get what they want, and how law enforcement is vilified,” Heres said. “I think there`s an increased sense of urgency among us because of that.” “We support the constitutional government and we use the Second Amendment as the main battle cry because we know that the second protects the first, fourth, fifth and more,” Heres said. “We believe in the sanctity of private property. We don`t think we`re the cavalry to save the world, and we don`t present ourselves as law enforcement because that would be illegal. But we`re not going to let anyone burn our homes and businesses. Supporters of the militias that formed in Virginia this year say they are not affiliated with extremist groups and instead comply with the state constitution, which states that “non-disabled” citizens between the ages of 16 and 55 are part of a “disorganized militia.” Given prosecutors` reluctance to regulate paramilitary activities, civil lawsuits might be a better option, McCord said.

To that end, she is working with Democrat Jamie Raskin to draft a federal bill that would prohibit armed militias from patrolling, drilling, using paramilitary techniques, or performing law enforcement or security functions. U.S. law firms would be responsible for law enforcement, which would also include a civil enforcement option so individuals can sue. Militias are allowed to exist as private groups as long as they do not operate in public space – or plan to do so. Militias cross the line of entry into illegal activities “when they train on private property to engage in illegal activities in public,” she said. This includes training to perform law enforcement functions, attack government buildings, disrupt official government procedures, or harm legislators. “This training could violate state and federal criminal laws and poses a threat to public safety,” McCord said. Opponents of virginia`s new gun laws are organizing militias in the state, but promise they don`t plan to use the new paramilitary organizations to launch a violent uprising against the government. The Armed Conflict Location & Event Data Project (ACLED), which compiles data on armed protests from news agencies, social media and human rights organizations, today identified 80 militias operating in the United States. The vast majority are far-right groups such as the Oath Keepers and the Three Percenters. But while gun rights hardliners argue that paramilitary activities are constitutionally protected and that people camouflaged and carrying firearms are joining protests in state capitals against pandemic-related lockdowns, the legal interpretation of this constitutional right is increasingly being challenged.

Ahead of the vote, Deputy Mayor Mark Caruso said: “The word `militia` has had a bad reputation because of Western militias and the media,” the newspaper said. However, opponents point out that the state constitution stipulates that disorganized militias can only be activated by the governor. The Georgetown University Law Center`s Institute for Constitutional Advocacy and Protection has written to several counties warning that punishing militia actions could be illegal. And residents of some communities say they are alarmed by the growing profile of armed rallies, evoking memories of the pseudo-military groups that sowed violence in Charlottesville during the deadly Unite the Right rally in 2017. Jay Jones, D-Norfolk, who last month sought legal advice from the attorney general on second amendment sanctuary statements, said that “as long as people comply with the laws, they can do whatever they want.” The militia members said they came to defend the restaurant as private individuals at the invitation of the owner on private property, not as law enforcement officials. Lynchburg police have not laid charges, but the incident illustrates the legal gray area surrounding militia activities and how members are able to respond to what they consider an emergency. “If the governor is the one who is supposed to call us, what if he is the tyrannical element that is holding us back?” said Heres. “Northam won`t call us, he`s going to burn Down Richmond.” In a recent study, the nonprofit Armed Conflict Location & Event Data Project ranked Virginia among a handful of states with a “moderate risk” of election-focused militia activity.