Democrats Propose Bill to Prohibit Militia Activity
A pair of Democrat lawmakers introduced a bill that would effectively outlaw militias in the United States.
Senator Ed Markey (D-Mass.) and Rep. Jamie Raskin (D-Md.) introduced the “Preventing Private Paramilitary Activity Act” on the anniversary of the Jan. 6 Capitol protests.
The bill seeks to limit most militia activity, creating criminal penalties for people who engage in certain conduct including intimidating elected officials, interfering with government proceedings and pretending to be law enforcement.
Markey claimed the bill will prevent another Jan. 6 incident while citing fake news about the events that transpired.
“Three years ago, white supremacists affiliated with paramilitary organizations stormed the U.S. Capitol, shattering windows, walls, and the families of five U.S. Capitol police officers,” Sen. Markey said in a news release earlier this month.
Three years ago, white supremacists linked to paramilitary groups stormed the US Capitol. With these forces of violent extremism posing serious threats to democracy and the rule of law, we must pass my and @RepRaskin’s Preventing Private Paramilitary Activity Act. https://t.co/jyNgCQ3O4w
— Ed Markey (@SenMarkey) January 11, 2024
“Private paramilitary actors, such as the Proud Boys and Oath Keepers, pose a serious threat to democracy and the rule of law, and we must create new prohibitions on their unauthorized activities that interfere with the exercise of people’s constitutional rights. The forces of bigotry, hatred, and violent extremism must be stopped for the sake of our democracy.”
Raskin claimed militia groups use “political violence” to intimidate people and threaten democracy.
“Our legislation makes the obvious but essential clarification that these domestic extremists’ paramilitary operations are in no way protected by our Constitution,” he said in a statement. “I’m grateful to Senator Markey for his partnership on this critical effort to protect the rule of law, deter insurrection and defend our democracy.”
Notably, none of the Proud Boys or Oath Keepers were charged with violent offenses on Jan. 6 yet some were still sentenced to decades in prison.
Enrique Tarrio, the Proud Boys leader, was sentenced to 22 years in prison despite not even being present in Washington, D.C. at the time.
Though all 50 states prohibit private paramilitary activity, especially when it comes to law enforcement roles, there are no federal laws governing it.
From Vice News:
The legislation would prohibit publicly patrolling, drilling or engaging in harmful or deadly paramilitary activities, interfering with or interrupting government proceedings, interfering with someone else exercising their constitutional rights, falsely assuming the role of law enforcement, and “training to engage in such behavior.”
The lawmakers propose different tiers of criminal penalties, depending on whether violations result in injury or property damage. The bill would establish harsher penalties for repeat offenders, and probationary sentences for first-time offenders. It would also create paths for the DOJ and private individuals to seek civil federal lawsuits against paramilitary activity.
But lawful militia activity is constitutionally protected by the Second Amendment’s language about “a well regulated Militia, being necessary to the security of a free State.”
The Democrat bill also conveniently ignores the role federal assets embedded in the crowd played in instigating chaotic activities at the Capitol building on January 6, 2021.