States with Anti-Militia Laws
Alabama. ALA. CODE s 31-2-125.
Arizona. ARIZ. REV. STAT. ANN. s 26-123.
Iowa. IOWA CODE s 29A.31.
Kansas. KAN. STAT. ANN. s 48-203.
Kentucky. KY. REV. STAT. ANN. s 38.440.
Maine. ME. REV. STAT. ANN. tit. 37-B, s 342.2.
Maryland. MD. CODE ANN. art. 65, s 35.
Massachusetts. MASS. GEN. L. ch. 33, s 129-132.
Minnesota. MINN. STAT. s 624.61.
Mississippi. MISS. CODE ANN. $ 33-1-31.
Nevada. NEV. REV. STAT. s 203-080.
New Hampshire. N.H. REV. STAT. ANN. s 111:15.
North Dakota. N.D. CENT. CODE s 37-01-21.
Texas. TEX. GOV'T CODE ANN. s 431.010.
Washington. WASH. REV. CODE s 38.40.120.
West Virginia. W. VA. CODE s 15-1F-7.
Wyoming. WYO. STAT. s 19-1-106.
States with Anti-Paramilitary Training Laws
Arkansas. ARK. CODE s 5-71-301 to -303.
California. CAL. PENAL CODE s 11460.
Colorado. COLO. REV. STAT. s 18-9-120.
Connecticut. CONN. GEN. STAT. s 53-206b.
Louisiana. LA. REV. STAT. ANN. s 117.1.
Michigan. MICH. COMP. LAWS s 750.528a.
Missouri. MO. REV. STAT. s 574.070.
Montana. MONT. CODE ANN. s 45-8-109.
Nebraska. NEB. REV. STAT. s 28-1480 to -1482.
New Jersey. N.J. REV. STAT. s 2C:39-14.
New Mexico. N.M. STAT. ANN. s 30-20A-1 to -4.
Oklahoma. OKLA. STAT. ANN. tit. 21, s 1321.10.
Oregon. OR. REV. STAT. s 166.660.
Pennsylvania. 18 PA. CONS. STAT. s 5515.
South Carolina. S.C. CODE ANN. s 16-8-10 to -30.
Tennessee. TENN. CODE ANN. s 39-17-314.
Virginia. VA. CODE ANN. s 18.2-433.1 to -433.3.
MS code says they are not allowed...”to associate themselves together as a military organization for drill or parade in public...”
That doesn’t seem to rule out having a militia or belonging to one. And if conflict should arise where they are needed, I’m sure they will be ready.
I am very surprised to see NH, the Live Free or Die state, have anti-militia laws.
The couple of them I looked at appeared to have truck passing sized loopholes, and make no proscriptions against associations of persons.
Id bet for the most part they are all like that, and few if any would pass constitutional scrutiny.
Texas govt code 431 establishes and allows a militia. It doesn’t outlaw them.
Thanks for posting the legal codes. I checked out PA’s paramilitary training code. I’m not a lawyer, but is seems to be centered around training for the purposes of civil disorder or instruction on the making weapons for civil disorder. In other contexts, and there are stated exemptions in the code, it is perfectly legal to teach someone how to make a weapon or how to handle a weapon, less explosives. I wonder where the line is for training for self/group or common defense and that for civil disorder. What qualifies for the protection of the Commonwealth or the Republic, particularly when government fails to protect citizens and their property?
"3. Nothing contained in this section shall be construed to prohibit the training or teaching of the use of weapons for law enforcement purposes, hunting, recreation, competition, or other lawful uses and activities. "
In fact, militia formation, training, and use by the Governor is codified in the MO Constitution.
It does NOT refer to a militia but rather refers to the formation of private armies ...
however this did come up as well ...
The Arizona State Militia is a locally organized body of armed American citizens committed to defending their Constitutional liberties and serving their local communities. We are free and independent from the control of any local, state, or federal government, except when called to service by the State Governor under AZ SB 1495 and ARS 26-124. Our whole purpose is to defend our freedoms. So, the Arizona State Militia acts freely to defend freedom and our community.
Sec 26-124. Service by members of unorganized militia; volunteers during emergency; enrollment; selection; organizing selectees Latest version. A. When the governor proclaims an emergency, and, upon advice of the adjutant general, determines that the national guard does not have sufficient troops to meet the emergency, the governor may authorize the adjutant general to accept for service from the unorganized militia a specified number of volunteers. B. If the governor deems an emergency of a nature that all or a large portion of the unorganized militia should be called into service of the state, he shall by proclamation order all members of the unorganized militia to enroll with the county recorder of the county in which they reside. The enrollment shall be in triplicate stating the full name, residence, age, occupation and previous service of each person enrolled. The rolls shall be verified by the enrolling officer who shall retain one copy and file one copy with the adjutant general and one with the clerk of the superior court of the county in which the person is enrolled. The persons called into service shall be determined by lot in accordance with a plan devised by the governor and implemented by him. The plan shall be patterned upon the latest selective service act of the United States and executive orders of the president issued to implement the law. C. Upon mobilization for state purposes members of the unorganized militia shall be organized under the command of the officer the governor designates into units comparable to units of the national guard. The Arizona governor has authorized and supports the Arizona State Militia. The Sheriffs of several Arizona counties have stated their support for the ASM and have stated in the militia meetings that they have attended their intention to deputize the militia members in times of emergency