3 ms·

It is illegal in all 50 states to organize a militia.

• ty6853 1y ago
  I know what study you are reading and the case it uses to argue that is highly flawed.
  • dmoy 1y ago
    This is the one I remember from years ago: https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2018/04/Prohibiting-Private-Armies-at-Public-Rallies.pdf https://www.law.georgetown.edu/icap/wp-content/uploads/sites... I'm not sure what case you mean
    • dmoy 1y ago
      Are you talking about a federal case? That I don't know anything about, this is mostly just state law stuff
• dragonwriter 1y ago
  It is legal in all 50 states to organize a militia, it is illegal in all 50 states to do certain things as a militia including (the exact rules vary by state) things like participating in civil disorder, planning to participate in civil disorder, training for sabotage or guerilla warfare, etc. Of course, since the purpose being suggested here is literally the purported urgent need to engage in armed rebellion against federal authorities, the concern that organizing a militia for that purpose would be constrained by merely "organizing a militia" being illegal is a bit odd. Waging war against the federal government, or conspiring to do so, is--even if one argues that it is morally justified by the government violating its Constitutional constraints--both clearly illegal and likely to be subject to the absolute maximum sanction. The legality of organizing a militia in general hardly makes a difference, either to the legal or practical risk anyone undertaking such a venture would face.
  • dmoy 1y ago
    Fair, I should have explicitly stated "it's illegal in all 50 states to organize a militia for this purpose" (Edit: also if we're being pedantic about it, >25 states have laws against forming private militias at all)