DOCSLIB.ORG

Prohibiting Private Armies at Public Rallies: a Catalog of Relevant State Constitutional and Statutory Provisions

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Prohibiting Private Armies at Public Rallies: a Catalog of Relevant State Constitutional and Statutory Provisions 1 | Institute for Constitutional Advocacy & Protection Table of Contents Executive Summary .............................................................................................................. 1 Background ............................................................................................................................... 1 Findings ..................................................................................................................................... 2 Summary Chart: State Constitutional and Statutory Provisions Related to Paramilitary Activity ..................................................................................... 9 State-by-State Constitutional and Statutory Provisions Related to Paramilitary Activity .......................................................................................................... 17 Alabama ................................................................................................................................... 17 Alaska ....................................................................................................................................... 19 Arizona ..................................................................................................................................... 20 Arkansas .................................................................................................................................. 21 California ................................................................................................................................. 23 Colorado .................................................................................................................................. 25 Connecticut .............................................................................................................................. 27 Delaware .................................................................................................................................. 29 Florida ...................................................................................................................................... 30 Georgia ..................................................................................................................................... 32 Hawaii ...................................................................................................................................... 34 Idaho ......................................................................................................................................... 35 Illinois ....................................................................................................................................... 39 Indiana ..................................................................................................................................... 41 Iowa .......................................................................................................................................... 42 Kansas ...................................................................................................................................... 43 Kentucky .................................................................................................................................. 44 Louisiana .................................................................................................................................. 45 Maine ........................................................................................................................................ 46 Maryland ................................................................................................................................. 49 Massachusetts ......................................................................................................................... 50 Michigan .................................................................................................................................. 51 Minnesota ................................................................................................................................ 54 Mississippi ............................................................................................................................... 56 Prohibiting Private Armies at Public Rallies | i Missouri ................................................................................................................................... 57 Montana ................................................................................................................................... 59 Nebraska .................................................................................................................................. 60 Nevada ..................................................................................................................................... 61 New Hampshire ..................................................................................................................... 62 New Jersey ............................................................................................................................... 63 New Mexico ............................................................................................................................. 64 New York ................................................................................................................................. 67 North Carolina ........................................................................................................................ 70 North Dakota .......................................................................................................................... 72 Ohio .......................................................................................................................................... 73 Oklahoma ................................................................................................................................ 74 Oregon ...................................................................................................................................... 76 Pennsylvania ........................................................................................................................... 78 Rhode Island ........................................................................................................................... 80 South Carolina ........................................................................................................................ 82 South Dakota ........................................................................................................................... 83 Tennessee ................................................................................................................................. 84 Texas ......................................................................................................................................... 86 Utah .......................................................................................................................................... 87 Vermont ................................................................................................................................... 88 Virginia .................................................................................................................................... 89 Washington ............................................................................................................................. 92 West Virginia .......................................................................................................................... 94 Wisconsin ................................................................................................................................. 95 Wyoming ................................................................................................................................. 96 ii | Institute for Constitutional Advocacy & Protection Executive Summary Background The pitched, battle-like atmosphere and tragic violence at the Unite the Right rally in Charlottesville, Virginia, on August 12, 2017, marked a turning point in this country and caused grief and alarm nationwide. Touted as an opportunity to protest the removal of a controversial Confederate statue, the event quickly escalated well beyond such constitutionally protected expression. Instead, private military forces transformed the college town into a virtual combat zone. Several white nationalist groups arrived outfitted in helmets and matching uniforms and deployed shields, batons, clubs, and flagpoles as weapons in skirmishes with counter-protesters that the instigating groups coordinated under centralized command structures. Meanwhile, private militia groups—many dressed in camouflage fatigues, tactical vests, helmets, and combat boots, and most bearing assault rifles—stood guard as self-designated protectors of the protesters and counter- protesters. The heavily armed presence and coordinated paramilitary activities of all of these groups not only increased the prevalence of violence at the rally, but also made it more dangerous for state and local law enforcement to maintain public safety. Moreover, the attire and behavior of some of the self- professed militia led to confusion as to who was authorized to lawfully keep the peace. On October 12, 2017, Georgetown University Law Center’s Institute for Constitutional Advocacy
Load more

Recommended publications
  • RUNNING HEAD: Paramilitary Police Paramilitary Police Organizations
    RUNNING HEAD: Paramilitary Police Paramilitary Police Organizations Abstract After providing the reader with examples of paramilitary structures and formalizing a definition of paramilitary, this manuscript analyzes the literature available and discusses several important themes, including: the rise of police militarization, international perspectives, community policing, hierarchy, subculture, and training. As the topic of community policing reemerges, the philosophical appeal remains, despite its use as a form of face saving and as a means to fund tactical units. On a subtler level, this study proposes that police subculture in the United States contrasts the general populace significantly, which could explain tensions between the police and public. Examination of the characteristics of this subculture shed some light onto the policing paradigm and on how communication unfolds inside and outside of police organizations. Through this synthesis, the appropriateness of a quasi-military paradigm and its resulting structure, language, and behavior, is brought into question. PARAMILITARY POLICE 2 “Every art and every inquiry, and similarly every action and choice, is thought to aim at some good; and for this reason the good has rightly been declared to be that at which all things aim.” (Aristotle, 2009, p. 3) Introduction Law enforcement is one of the most interactive pieces of government with the public. Most people, across all cultures, have some notion of what policing is and some opinion of what it should be. In the past three decades a rise in the militarization of policing in the United States has been speculated, observed, and critiqued by many scholars in academia and professionals in law enforcement.
    [Show full text]
  • Canadian Soldiers in Bermuda During World War One
    Canadian Soldiers in Bermuda During World War One Jean-Pierre Gagnon* Three Canadian infantry battalions served in Bermuda during the First World War. Very little is known about their presence in these islands. The raison d'être ofthis article is to provide a better knowledge ofthis first Canadian garrison duty abroad. The author analyzes the selection ofthe units which were sent to Bermuda and studies and compares themfrom different points ofview. Then, he examines their stay, emphasizing the social aspects of their garrison duty. The Canadians' reaction toward it and the reciprocal feelings ofthe soldiers and the Bermudians are considered. Trois bataillons d'infanterie canadiens ont servi aux Bermudes pendant la Première Guerre mondiale. On ne sait à peu près rien de leur passage là-bas. Cet article vise à combler cette lacune. L'auteur explique le choix des unités envoyées en garnison dans ces îles de l'océan Atlantique, puis les étudie et les compare à divers points de vue. Il s'attache ensuite à leur séjour, en mettant en relief le côté humain des choses. La réaction des Canadiens à l'égard de ce service de garnison et les sentiments réciproques des soldats et des Bermudiens sont considérés. The presence of three infantry battalions of the Canadian Expeditionary Force (CEF) in Bermuda during the First World War has not excited the attention ofCanadian historians. They have been indifferent to this "humiliat­ ing garrison dUty",1 focussing instead on Canada's participation in military operations in Europe. Bermudian historians seem to have adopted a similar attitude, simply ignoring or scarcely mentioning the presence of Canadian troops in the islands at that time.
    [Show full text]
  • The Canadian Militia in the Interwar Years, 1919-39
    THE POLICY OF NEGLECT: THE CANADIAN MILITIA IN THE INTERWAR YEARS, 1919-39 ___________________________________________________________ A Dissertation Submitted to the Temple University Graduate Board ___________________________________________________________ in Partial Fulfillment of the Requirements for the Degree DOCTOR OF PHILOSOPHY __________________________________________________________ by Britton Wade MacDonald January, 2009 iii © Copyright 2008 by Britton W. MacDonald iv ABSTRACT The Policy of Neglect: The Canadian Militia in the Interwar Years, 1919-1939 Britton W. MacDonald Doctor of Philosophy Temple University, 2008 Dr. Gregory J. W. Urwin The Canadian Militia, since its beginning, has been underfunded and under-supported by the government, no matter which political party was in power. This trend continued throughout the interwar years of 1919 to 1939. During these years, the Militia’s members had to improvise a great deal of the time in their efforts to attain military effectiveness. This included much of their training, which they often funded with their own pay. They created their own training apparatuses, such as mock tanks, so that their preparations had a hint of realism. Officers designed interesting and unique exercises to challenge their personnel. All these actions helped create esprit de corps in the Militia, particularly the half composed of citizen soldiers, the Non- Permanent Active Militia. The regulars, the Permanent Active Militia (or Permanent Force), also relied on their own efforts to improve themselves as soldiers. They found intellectual nourishment in an excellent service journal, the Canadian Defence Quarterly, and British schools. The Militia learned to endure in these years because of all the trials its members faced. The interwar years are important for their impact on how the Canadian Army (as it was known after 1940) would fight the Second World War.
    [Show full text]
  • CHAPTER 80 the South Carolina Maritime Security Commission and Naval Militia
    CHAPTER 80 The South Carolina Maritime Security Commission and Naval Militia (Statutory Authority: 1976 Code § 54–17–50) 80–001. Functions of the South Carolina Maritime Security Commission. 1. The South Carolina Maritime Security Commission (SCMSC) reports administratively to the Governor of the State of South Carolina as Chief Executive and operationally to the Governor as Commander-in-Chief of State Forces. 2. The SCMSC consists of nine commissioners and is headed by a Chairman and Vice Chairman elected by the members. It will meet at the direction of the Chairman at least quarterly. A quorum consists of a simple majority of the commissioners appointed by the Governor who are present. Ex- officio members are excluded from the quorum. If a quorum is not available, actions are effective as if made by a quorum but implemented on an interim basis until validated by a quorum. 3. The SCMSC reviews all requests for operational tasking for the SCNM. It will ensure compliance with federal and state law, pertinence to Captain of the Port requirements and other applicable policies and procedures, operational tempo and consider availability of volunteer SCNM assets. 4. The SCMSC shall publish and maintain a Policies and Procedures Manual (PPM). The PPM shall provide guidance regarding the administration of matters coming before the SCMSC. 5. The Chairman of the SCMSC annually shall submit a report to the Governor and to the General Assembly that will include a summary of the activities and operations of the SCMSC and the SCNM during the previous calendar year, and shall contain such general observations and recommendations relating to maritime security, as the SCMSC deems appropriate.
    [Show full text]
  • CHAPTER 121 Be It Enacted by the Legislature of The
    CHAPTER 121 HOUSE Substitute for SENATE BILL No. 21 AN ACT concerning appointments to certain offices; amending K.S.A. 17-2233, 48-203, 48- 208, 65-2878, 65-34a02, 74-2113, 74-2613, 74-5002a, 74-8703, 74-8805, 74-9804, 75- 1510, 75-2535, 75-4315a, 75-5105 and 75-5117 and K.S.A. 2007 Supp. 32-801, 45-221, 46-2601, 74-560, 75-711, 75-712, 75-1304, 75-2701, 75-3702a, 75-5001, 75-5101, 75- 5203, 75-5301, 75-5601, 75-5701, 75-5903, 75-6301, 75-7304 and 75-7402 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas: New Section 1. (a) As used in this section: (1) ‘‘Office’’ means any state office or board, commission, council, committee, authority or other governmental body the members of which are required by law to be appointed by an appointing authority, and which appointment is subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. (2) ‘‘Appointing authority’’ means a person, other than the governor, who is required by law to make an appointment to an office. (3) ‘‘Chairperson’’ means the chairperson of the confirmation over- sight committee. (4) ‘‘Committee’’ means the confirmation oversight committee estab- lished by K.S.A. 46-2601, and amendments thereto. (5) ‘‘Director’’ means the director of the Kansas legislative research department or the director’s designee. (b) No person may be appointed to an office unless such person has completed and submitted a nomination form as required by the rules of the committee.
    [Show full text]
  • Initial Report of the Kingdom of the Netherlands
    INITIAL REPORT OF THE KINGDOM OF THE NETHERLANDS SUBMITTED UNDER ARTICLE 8, PARAGRAPH 1 OF THE OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT Introduction The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (New York, 25 May 2000) was approved for the entire Kingdom of the Netherlands by the Kingdom Act of 18 December 20081 and entered into force for the entire Kingdom on 24 October 2009. The Dutch translation of the Protocol was published in the Dutch Treaty Series 2001, 131. At the time of the ratification the Kingdom of the Netherlands consisted of the Netherlands, the Netherlands Antilles and Aruba. In 2010, the Kingdom of the Netherlands has undergone a process of constitutional reform, which has now reached fruition. The changes concern the Netherlands Antilles, a country that until recently was made up of the islands of Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba. The reforms are based on the results of referenda and on decisions taken by representative assemblies about the islands’ future status. The amended Charter for the Kingdom of the Netherlands entered into force on 10 October 2010, on which date the Netherlands Antilles ceased to exist. In the new constitutional structure, Curaçao and Sint Maarten have acquired the status of countries within the Kingdom (like the Netherlands Antilles and Aruba before the changes). Aruba retains the separate country status it has had since 1986. Thus, from 10 October 2010 the Kingdom consists of four, rather than three, equal countries: the Netherlands, Aruba, Curaçao and Sint Maarten.
    [Show full text]
  • 1 Minnesota Statutes 2014 609.668 609.668 Explosive And
    1 MINNESOTA STATUTES 2014 609.668 609.668 EXPLOSIVE AND INCENDIARY DEVICES. Subdivision 1. Definitions. For purposes of this section, the following terms have the meanings given them. (a) "Explosive device" means a device so articulated that an ignition by fire, friction, concussion, chemical reaction, or detonation of any part of the device may cause such sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects. Explosive devices include, but are not limited to, bombs, grenades, rockets having a propellant charge of more than four ounces, mines, and fireworks modified for other than their intended purpose. The term includes devices that produce a chemical reaction that produces gas capable of bursting its container and producing destructive effects. The term does not include firearms ammunition. (b) "Incendiary device" means a device so articulated that an ignition by fire, friction, concussion, detonation, or other method may produce destructive effects primarily through combustion rather than explosion. The term does not include a manufactured device or article in common use by the general public that is designed to produce combustion for a lawful purpose, including but not limited to matches, lighters, flares, or devices commercially manufactured primarily for the purpose of illumination, heating, or cooking. The term does not include firearms ammunition. (c) "Crime of violence" has the meaning given in section 624.712, subdivision 5, and also includes a domestic assault conviction when committed within the last three years or while an order for protection is active against the person, whichever period is longer. Subd. 2.
    [Show full text]
  • The Armed Forces: Roles and Responsibilities in Good Security
    SSR BACKGROUNDER The Armed Forces Roles and responsibilities in good security sector governance About this series The SSR Backgrounders provide concise introductions to topics and concepts in good security sector governance (SSG) and security sector reform (SSR). The series summarizes current debates, explains key terms and exposes central tensions based on a broad range of international experiences. The SSR Backgrounders do not promote specific models, policies or proposals for good governance or reform but do provide further resources that will allow readers to extend their knowledge on each topic. The SSR Backgrounders are a resource for security governance and reform stakeholders seeking to understand but also to critically assess current approaches to good SSG and SSR. About this SSR Backgrounder This SSR Backgrounder is about the roles and responsibilities of national armed forces in good security sector governance (SSG). The armed forces are a cornerstone of state and human security, but their legitimacy and effectiveness depend on fulfilling their mission accountably within a framework of democratic, civilian control, rule of law and respect for human rights. This backgrounder explains how good SSG can improve both accountability and effectiveness in the interests of state and human security. This SSR Backgrounder answers the following questions: What are the armed forces? Page 2 What are the roles of the armed forces in good SSG? Page 3 How does democratic civilian control of the armed forces contribute to good SSG? Page 4 What
    [Show full text]
  • Special Session of 2005 SENATE BILL No. 1 Be It
    Special Session of 2005 SENATE BILL No. 1 AN ACT concerning certain members of military service; relating to the adjutant general; providing for reimbursement for certain life insurance premiums coverage; creating the national guard life insurance premium reimbursement fund; exemptions from taxation of motor vehicles; making and concerning appropriations for the fiscal year ending June 30, 2006, for the adjutant general; amending K.S.A. 75-3713b, as amended by section 3 of 2005 Senate Substitute for House Bill No. 2518, and K.S.A. 2004 Supp. 79-32,117, as amended by section 21 of 2005 House Bill No. 2537, and 79-5107, as amended by section 1 of 2005 House Bill No. 2187, and repealing the existing sections; also repealing section 1 of 2005 Senate Substitute for House Bill No. 2518. Be it enacted by the Legislature of the State of Kansas: New Section 1. (a) There is hereby created in the state treasury the national guard life insurance premium reimbursement fund which shall be administered by the adjutant general. All moneys credited to such fund shall be used only to reimburse eligible members of the Kansas army and air national guard for premiums paid for any period on or after September 1, 2005, under the servicemembers’ group life insurance program pur- suant to 38 U.S.C. §1965 et seq., as amended, and not otherwise reim- bursed by the federal government, for death benefit coverage of the member on federal active duty in a combat area. (b) All expenditures from the national guard life insurance premium reimbursement fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved in the manner prescribed by law.
    [Show full text]
  • No. 589, December 3, 1993
    25«1: No.S89 3 December 1993 After NAFTA, Clinton Strongarms Japan, Europe Wilson/NY Times Clinton and leaders of Pacific Rim countries meeting in Seattle at "Asia-Pacific Economic Cooperation" forum. U.S. wants to use spectre of Pacific "free trade" as club against European imperialist rivals. u.s. Gears UP lor Trade War Hours after the North American Free Workers marched with red flags to protest ernment. The international airport at that the major unions in Belgium have Trade Agreement (NAFTA) was passed a three-year freeze on real wages and Brussels was shut down by pickets who called a general strike. by the U.S. Congress on November 17 massive cuts in social security decreed put up flaming barricades on the access • Spain: On November 25, hundreds by an unexpectedly wide margin, Presi­ by the Christian Democrat/Socialist gov- roads. This is the first time since 1936 of thousands of workers demonstrated dent Clinton shuttled off to Seattle where across Spain against "Socialist" prime he had convoked a meeting of the heads minister Felipe Gonzalez' proposed labor of government of the Pacific Rim coun­ law "reform" which would make it easier tries. The purpose: to use his NAFTA to fire workers at a time when official "win" to extract trade concessions from unemployment is almost 23 percent. The the Asian leaders, to be used in turn as workers' demonstrations, supported by a battering ram against the Europeans. students and community organizations, The aim of Clinton's pact with Canada were called by the Socialist Party-led and Mexico is to reinforce the American General Workers Union and the Work­ bourgeoisie's economic muscle against ers Commissions as a dry run for a its imperialist trade rivals by creating a general strike.
    [Show full text]
  • New York Naval Militia Newsletter Spring 2020
    NEW YORK NAVAL MILITIA NEWSLETTER SPRING 2020 NEW YORK NAVAL MILITIA 330 Old Niskayuna Road Latham, New York 12110 NYNM - An entity of the 1 (518) 786-4583 New York State Division of Military & Naval Affairs Fax: (518) 786-4427 http://dmna.ny.gov/nynm/ COMMANDER’S CORNER: RDML Warren T. Smith Commander New York Naval Militia To All Members of the New York Naval Militia: All of us understand by now that we are in the midst of a state, national, and global emergency the scale of which we have never experienced before. While comparisons to World War II and the Spanish flu pandemic following WWI give some historical context, the unprecedented nature of virus transmission facilitated by international air travel and global commerce as well as the rapid dissemination of information – some accurate, some speculation, and some nonsense – means that we are in uncharted waters. No one is or will remain immune from the effects, whether physical, psychological or economic, which will be long lasting. The health care system of no city or country is adequately prepared to administer to the numbers of people who require care. The good news is that our Naval Militia members have responded. The number of Militia men and women on active duty has grown to 81 as of this writing, some working at Latham, others with the various Joint Task Forces deployed around the state. While the primary demand has been for medical and logistics specialties, some general purpose Militia members have been working side by side with the NY State Guard and National Guard helping with the transport of test samples from collection sites to labs, the cleaning of public facilities, and the distribution of food to communities in need.
    [Show full text]
  • New York Naval Militia
    FOR OFFICIAL NYNM USE ONLY NYNM Form 1121 New York Naval Militia How to Join the New York Naval Militia If you are interested in becoming a member of the New York Naval Militia, you must meet eligibility requirements. Prior to submitting an application, please determine your eligibility by ensuring you meet the below criteria. Please note, standards for affiliation can be found in the following directives by visiting our website at http://dmna.ny.gov/nynm/, clicking on the Forms/Instructions tab on the left, and finding the following instructions: • Administrative requirements: NYNMINST 1001.1 (series) • Grooming and uniform requirements: NYNMINST 1020.1 (series) • Physical and medical requirements: NYNMINST 6110.1 (series) • Billet requirements: NYNMINST 5320.1 (series) Basic Eligibility for Membership: Basic eligibility criteria for membership in the New York Naval Militia include: a. Age: 18 – 67 years. b. Citizenship: • Enlisted: United States citizen, or applicants who have made a declaration of intent to become citizen of the United States. • Commissioned officers & warrant officers: United States citizen. c. Residency: All members of the New York Naval Militia must be legal residents of New York State, or be a drilling reservist whose primary drilling location is located within New York State. Any non-drilling member who subsequently changes their legal residence to a location outside of New York State is no longer eligible for membership in the New York Naval Militia. d. Education: Enlisted and warrant officer: High school graduate or graduate equivalency diploma (GED). e. Medical: Maintain standards of medical fitness in accordance with Department of the Navy (Navy or Marine Corps) or Department of Homeland Security (Coast Guard) regulations.
    [Show full text]