Key Issues
RUMOR:
Private militias are protected by the Constitution.
REALITY:
Militias are only legal if they’ve been called up by the government.
Militia’s are only legal if they have been activated by the state or federal government. Otherwise, they are just an armed mob with a name. If you see a so-called “militia” trying to enforce laws, that’s almost certainly illegal. Check with the police or call the Election Protection Hotline: 1-866-Our-Vote.
Related cards
References:
The National Constitution Center: US Constitution, Section 8
Cornell University, Legal Information Institute: U.S. Constitution Annotated Article I. LEGISLATIVE DEPARTMENT Section VIII Clause XV Clause XVI. Clauses 15 and 16. The Militia THE MILITIA CLAUSES
Georgetown Law, Institute for Constitutional Advocacy and Protection: Fact Sheets on Unlawful Militias for All 50 States Now Available from Georgetown Law’s Institute for Constitutional Advocacy and Protection
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