Judge restricts NM Civil Guard (Armed Militia groups banned in NM)

The Albuquerque Journal ^ | October 17, 2022 | Colleen Heild

[CedarDave]

A NM state court judge has outlawed the New Mexico Civil Guard from publicly acting as a military unit without authorization or assuming the role of law enforcement by using organized force at public protests or gatherings.

Granting a motion by Bernalillo County District Attorney Raúl Torrez, District Court Judge Elaine P. Lujan also banned such activity by the group’s directors, officers, agents, employees, members and any of their successor organizations and members.

Torrez, the Democratic candidate for state Attorney General, said on Monday that the decision, “fundamentally represents a victory for the rule of law…. We’re trying to prevent violent extremism.”

Torrez’s office was assisted by Albuquerque attorney Mark Baker and the Institute for Constitutional Advocacy and Protection at Georgetown University. Baker and the Institute worked for free over the past two years of litigation in the case.

The ruling is considered the first of its kind in the country because it relied on the DA’s enforcement authority, said Mary McCord, an attorney with the Institute, during a press conference Monday.

The lawsuit alleged members of the New Mexico Civil Guard violated state law by exercising or attempting to exercise the functions of a peace officer without authority and have organized and operated as a military unit without having been called to military service by the governor. The governor has exclusive authority under the Constitution to call on the militia to keep the public peace.

“As we continue to see more and more brazen actions taken by vigilante and private militia groups,” McCord said, “including the attack on the U.S. Capitol on Jan. 6, 2021, it’s all the more important to use these tools to establish that not only that this conduct is a danger to the public safety but it is also not constitutionally protected.”

[CedarDave]

Torrez is a Soros sponsored local DA. He faces Republican attorney general nominee Jeremy Gay in the upcoming election.

In 2020 the armed NM Civil Guard are what protected a man, Steven Baca Jr., being chased by Antifa after he got into an altercation with them as they tried to tear down a Spanish colonial monument in ABQ. Baca, who was armed, shot and wounded a member with a skateboard as he tried to hit Baca who had been dragged to the ground. Baca dropped the gun, as he realized he had shot someone. The mob then surrounded him shouting "kill him." The armed guard members surrounded him, protecting him. The police had been ordered by the mayor to hide behind a nearby building and did not appear until the shot was fired. Baca was arrested and charged by Torrez but I don't know if the case has finally been resolved as the major charges were dropped by Torrez citing improper police investigation.

[AndyTheBear]

Interesting that those who would cheer having Militias outlawed are the same who argue that the Second Amendment applies only to Militia.

[MeganC]

A government that bans a citizen’s militia is why we need a citizen’s militia.

[CedarDave]

A similar NM District Court judge has ruled that “Cowboys for Trump” founder Couy Griffin must be removed from office as an Otero County commissioner because he participated in the January 6 “insurrection” and was convicted of a misdemeanor trespassing and served time in jail. Many if not most NM state district court judges in NM are Dems who believe the constitution is an impediment to charging and throwing their political opponents in jail or ruling against them.

[CedarDave]

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[DPMD]

Actually there is a citizens’ militia approved of by the left: Antifa, the NBPP, BLM...

[PeterPrinciple]

https://politicalvelcraft.org/2011/09/21/the-sheriff-has-more-power-in-his-county-than-the-president-of-the-united-states-u-s-constitution-u-s-supreme-court-quashes-deep-states-claim-to-supremacy-clause/

---

And if done under the leadership of the local sheriff?

[nevadapatriot]

A government that bans a citizen’s militia is why we need a citizen’s militia.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

This above all else

[Travis McGee]

[LegendHasIt]

Thanks for the pings, Dave

[LegendHasIt]

Great Graphic.

[quikstrike98]

Nobody is banning BLM, ANTIFA, the John Brown Gun Club, Redneck Revolt, or any armed Communist groups. They want us supine and helpless against their domestic terrorists.

[T.B. Yoits]

It’s the other way around; politicians in New Mexico may find themselves thrown out of the Union for trying to ban the militia.

[zeugma]

Interesting that those who would cheer having Militias outlawed are the same who argue that the Second Amendment applies only to Militia.

Title 10 §246 of the U.S. Code states the legal definition of a militia member.

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are-

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

No idiot in a dress can arbitrarily decide who is, or is not a member of the militia of the United States.

[Sergio]

bkmk

[SuperLuminal]

More proof that:
The only good communist is a dead communist...
It is our duty as citizens to help everyone be good..

[AndyTheBear]

No idiot in a dress can arbitrarily decide who is, or is not a member of the militia of the United States.

In or out of a dress an idiot can decide anything they can conceive of is true. However it has nor particular bearing on what is.

[Big Red Badger]

Interesting...