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Are Armed Groups aka Militias Legal?

Lois · 126

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Offline Lois

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on: October 30, 2020, 02:54:59 AM
It seems that an armed group getting together and playing weekend warrior is legal, but when these groups organize and hit the streets to protect property or play at being law enforcement they are breaking the law.

https://www.npr.org/2020/08/30/907720068/are-citizen-militias-legal
https://blogs.findlaw.com/blotter/2016/01/are-militias-legal.html

So what is to be done if a Militia group, under guise of providing security at polling places, instead begins intimidating people they belive will vote Democrat?



Offline watasch

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Reply #1 on: October 30, 2020, 05:45:49 PM
https://www.aclu.org/sites/default/files/field_pdf_file/kyr-voterintimidation-v03.pdf

Pretty well sums up what voter intimidation consists of (per ACLU). 

I strongly believe in the right to carry.  I also believe that brandishing a firearm with the implied intent to intimidate someone is wrong.   I can see the legal standing of an "armed militia" but don't appreciate when they cross the boundary of legal into intimidation.  Besides just being illegal, it gives the gun control group ammunition that really impacts adversely on those of us who simply enjoy the fun of shooting.

In short, if they are intimidating voters then they need to be removed by those in control of the polling site(s).  That is where the police come in.



Offline ToeinH2O

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Reply #2 on: October 30, 2020, 06:15:17 PM
It’s a club for guys with small dicks.



Offline eater

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Reply #3 on: October 31, 2020, 02:28:47 AM
i didn't see a lot of "brandishing" going on before antifa and BLM started roaming the streets burning down buildings and looting and democrat mayors told the cops to leave the criminals alone and let the crime spree go wild. (after all it will make trump look bad?)
 the militias were intended to protect us the american people from a tyrannical government from what i read so i assume under the constitution they are as legal as the right to vote freely without intimidation.

"The era of Gaslighting"


Offline Lois

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Reply #4 on: October 31, 2020, 09:57:01 AM
Quote
... all 50 states “prohibit private, unauthorized militias and military units from engaging in activities reserved for the state militia, including law enforcement activities,” according to a fact sheet published by the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center.
https://www.wsj.com/articles/what-are-militias-and-are-they-legal-11602370719

Quote
Many private militias are driven by the insurrection theory of the Second Amendment. 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.

The U.S. Supreme Court has issued a qualified rejection of the insurrection theory. According to the Court in Dennis v. United States, 341 U.S. 494, 71 S. Ct. 857, 95 L. Ed. 1137 (1951), "[W]hatever theoretical merit there may be to the argument that there is a 'right' to rebellion against dictatorial governments is without force where the existing structure of the government provides for peaceful and orderly change." Scholars have interpreted this to mean that as long as the government provides for free elections and trials by jury, private citizens have no right to take up arms against the government.

Read more: Second Amendment - Private Militias - Government, Law, Freemen, and Court - JRank Articles https://law.jrank.org/pages/10067/Second-Amendment-PRIVATE-MILITIAS.html#ixzz6cQwMADo4



Offline ToeinH2O

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Reply #5 on: October 31, 2020, 08:24:46 PM



Offline eater

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Reply #6 on: November 02, 2020, 10:07:55 AM
Quote


The U.S. Supreme Court has issued -- "[W]hatever theoretical merit there may be to the argument that there is a 'right' to rebellion against dictatorial governments is without force where the existing structure of the government provides for peaceful and orderly change.".


so what you are saying is as long as there is a peaceful way to make change such as voting or electing different mayors,governors etc..there is no need to loot and burn down businesses and kill people like antifa and blm do, because the government provides for peaceful and orderly change.
this makes sense to me. i agree with you %100.

"The era of Gaslighting"


Offline ToeinH2O

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Reply #7 on: November 03, 2020, 12:25:11 AM
How many people have “Antifa” and “blm” killed?

Pull your head out of your ass.




Offline Lois

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Reply #8 on: November 03, 2020, 04:09:34 AM
Just one antifa related related killing occured in 2020. In the midst of a peaceful demonstration a group of right-wing extremists began firing paint-ball guns at the demonstrators, but not all of the paint ball guns were obviously paint-ball guns. A demonstrator shot and killed one of the right-wing extremists.  He calimed self-defense.  No one got to hear his side of the story though because federal agents surrounded him in his car and he died in a hail of bullets.  He was never even given a chance to surrender. President Trump then glories in his death declaring it VENGENCE!

Compare this to how Kyle Rittenhouse was treated after coing in from out-of-state and shooting three and killing two.  Although witnesses informed police what he had done, he was told to go home along with his AK-47.

This just proves that there is a big problem with justice in America.