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Has Florida Outlawed Well Regulated Militias?

Despite not being an open carry state, nor its moderately high cost of a CCW, Florida is not known for being a hotbed of Gun Control fever.  That is why I was so surprised to hear about Florida Statute 790.29.  The statute expressly prohibits paramilitary training; teaching or participation.  Basically anything that could very loosely be described as a militia. I heard about it because a man was facing 30 years because he violated it.

Here’s the statute in it’s entirety:

790.29 Paramilitary training; teaching or participation prohibited.

(1) This act shall be known and may be cited as the “State Anti-paramilitary Training Act.”

(2) As used in this section, the term “civil disorder” means a public disturbance involving acts of violence by an assemblage of three or more persons, which disturbance causes an immediate danger of, or results in, damage or injury to the property or person of any other individual within the United States.

(3)(a) Whoever teaches or demonstrates to any other person the use, application, or making of any firearm, destructive device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder within the United States, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Whoever assembles with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, destructive device, or technique capable of causing injury or death to persons, intending to unlawfully employ the same for use in, or in furtherance of, a civil disorder within the United States, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Nothing contained in this section shall be construed to prohibit any act of a law enforcement officer which is performed in connection with the lawful performance of his or her official duties or to prohibit the training or teaching of the use of weapons to be used for hunting, recreation, competition, self-defense or the protection of one’s person or property, or other lawful use.

While this statute may have been written with the best of intentions aimed at home grown terrorists, yet as we all know, the road to hell is paved with good intentions.  The reality is that the statute is written in such a way that anyone who teaches 2 or more people how to shoot a firearm or how to do hand to hand self defense could be guilty of leading a militia.

I mean, think about it.  I, and many other 2nd Amendment advocates view the right to keep and bear arms as the last line of defense against tyranny.  That right there could be construed to mean that any training that my friends and I do ultimately is done to defend against tyranny, what a tyrant might call “civil disorder.”

This statute in fact, goes DIRECTLY against the Founding Fathers intent.  Because even most gun controllers at the very least try to deny individual citizens the right to keep and bear arms by saying it is a right of a well regulated militia.  A right that this statute categorically denies.  For clarity, “well regulated” as it meant in the 1700’s was to be ready with limited notice.  As in the militia were trained and their weapons were in operable condition.  Regulations as they term stands now was not present during the writing of the Bill of Rights.

So in truth, the 2nd Amendment first part about a well regulated militia is directly attacked by this Florida statute.

And did you notice part 4?  How it conveniently ensures that the government can freely militarize its own police force?  If you have a problem with paramilitary forces roaming the streets, states around the country should take a hard look at what their police departments are becoming.

But let’s take a look at what brought this to my attention.

Apparently some allegedly racist  white supremacist named Marcus Faella, was sentenced for two counts of the “crime” of “paramilitary training.” The sentence he must serve is six months in prison–vastly less than the 30 years he might have received.

If Faella was a white supremacist then that’s a disgusting narrow minded viewpoint and he and his white supremacist buddies have a twisted outlook on the world.  The same goes for black supremacists.  But unless he actually acted upon his alleged racism to hurt someone it does not–cannot, in a free society–make him a criminal.  In a free society where we have the liberty to think and feel as we wish, we must accept that some people think and feel with hatred and ugliness.  So long as they do not violently act upon it though, it is their RIGHT to be bigots.

This is where things get scary on a justice level.

Prosecutors told the jurors that they didn’t have to prove a specific plan, just show the group was doing the training for some sort of civil disorder.

The problem with that, is that by that logic anyone who believes that the 2nd Amendment’s intention is to prohibit government tyranny is guilty.  My cold dead hands, bullets first, etc are thoughts that aren’t a specific plan but rather a declaration of intent of civil disorder should the circumstance arrive.

The prosecutors in Florida are basically saying that should a few like minded people go target shooting or take a karate class together then they are all guilty of violating the paramilitary prohibition and as such will face a 30 year jail sentence.

This is un-American and unacceptable.  This type of tyranny is WHY we have a need for militia in the first place.  Floridians need to voice their disfavor with Statute 790.29 and have it repealed.  Lest the next time they come for someone its not an easy target like an alleged white supremacist but rather you and a could of your shooting buddies.

One final though…the Boston Tea Party was an act of civil disorder.  Those are the FOUNDERS of this country.  How do you think they would view this Florida Statute?

 

 

  • Hop

    Totally unconstitutional.

  • durabo

    Florida is an extension of New York and New Jersey. No wonder it’s FUBAR!

    • Flipperj

      Where do you think they all came from to ex scape taxes in the hell holed they left now they want to bring their LIBtard ideas with them build a wall at your border and send them back

    • Saltporkdoc

      Not just FUBAR…BOHICA! (For those who are unfamiliar with this acronym, it means Bend Over Here It Comes Again!)

  • RMH@REGIONIII

    This law seems to be the bastard stepchild of the Patriot Act and the NDAA.

  • lamarlamar

    So, what’s next? Organized hunting clubs?

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  • Ben Taub

    Any state legislature member(s) that votes to violates the US Constitution is subject to immediate imprisonment and prosecution as traitors. They can be subject to capital punishment or life imprisonment without parole.

    • Kyler Fildes

      But they dont. They can be. They fucking should be. But they arent.

  • Shadow_58

    The citizens of the State of Florida need to remind their elected representatives about The Constitution and Bill of Rights immediately.

  • Phaenius

    The state is biting its own hand because the amendment was
    originally construed to be a come on for states hesitant to ratify the Federal
    Constitution. You see the states were
    concerned that the Federal government would interfere with the States source of
    men able to shoot, having trained on guns and with ammunition provided by their
    own dime, so that the states would only have to “beat up” the recruit or train
    the recruit for their state armies in times of distress, in those skills of
    marching, and moving and shooting as a unit.
    That is why the state was mentioned anyway in that amendment. The amendment actually came later than the
    ratifications but it was a promise held out to those states who were leery of
    the intents of the writers of that constitution.

    Well regulated means up to snuff in a hurry according to the
    measure of the “regulars” or soldiers in the active military. So you would have a WELL REGULATED MILITIA
    to which to draw folk for the regular army during times of immediate disaster.

  • Paul Smith

    I do hope that Faella is going to appeal that decision to the Supreme Court if necessary.

  • scpatriot

    We are getting very close to a dictatorship in this country. People better wake up before it’s too late! Florida patriots need to band together a fight to have this law killed.

  • ltneid

    What this author and these commentators are neglecting to mention are the regulations spelled out in the Constitution that define a ‘well regulated militia’ as mentioned in the Second Amendment. Read Article I, Section 8 and learn what the Founders were talking about.

    • Paul Smith

      Provocative comment but hollow. What ‘regulations’ do you see in Article I, Section 8 that in any way limit or control militias?

      • ltneid

        “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

        To provide for organizing, arming, and disciplining, the Militia, and for
        governing such Part of them as may be employed in the Service of the
        United States, reserving to the States respectively, the Appointment of
        the Officers, and the Authority of training the Militia according to the
        discipline prescribed by Congress”

        • Paul Smith

          ” as may be employed in the Service of “. . .ditto my above comment.

          • ltneid

            You’re omitting the part about organizing, arming, and disciplining. The Constitution clearly gives that role to the legislative branch. The states have the responsibility an right to determine the hierarchy and supervise the training.

            All references in the Constitution capitalize the word Militia, which is not normally a proper noun. When it is capitalized, it’s referring to a specific organization. The Second Amendment reference is to the previously defined Militia from Article I. When a group of people arm themselves and play war games, they can call themselves a militia, but if they wish to gain the protection of the Constitution, they must go by how the Constitution defines a Militia.

          • Paul Smith

            I omit nothing. It is the responsibility of the federal government to ‘organize, arm and discipline’ the militia when called to service. Otherwise they have no responsibility or authority.

      • ltneid

        The Constitution goes further in Article II, Section 2 in defining the role of the President.
        The President shall be Commander in Chief of the Army and Navy of the
        United States, and of the Militia of the several States, when called
        into the actual Service of the United States;

        • Paul Smith

          ” when called into the actual Service of “. . .otherwise they are totally independent of the federal government.

          • ltneid

            That is when the Militia comes under the control of the President. Prior to that, the Article I provisions apply.

  • mtman2

    “Well” the 2nd-Amendment is the teeth to the 1st-Amendmment,
    as stated by the Father of the USA himself, George Washington!

    These Amendments are the Bill of RIGHTS, and they Over-Arch OUR Constitution;
    the Founding and deciding separate colony//states refused to sign into law a federal-gooberment until such guarantees were indelibly written in “Stone” as part of the Constitution. This needs to be made definitively clear today;
    =the Bill of RIGHTS are not some tag-along add-on that can be changed- EVER!!!

    It is by virtue of those RIGHTS that OUR Constitution was allowed to be passed in the first place by the authors and voters of it; ie- the States and the Founders ~!

    PS- No one or body can put into effect ‘legal-laws’ that violate these RIGHTS or they are illegal~!!!!

    • mtman2

      The answer?….Take it to court all the way up the chain to scotus if necessary!
      Which means FINANCIALLY SUPPORT THOSE THAT ARE IN THE FRONT LINES’
      ACLJ, SAF, NRA and many others telling them what you are wanting done with your funding and those groups that are now organized do the same; -the Lib/Progs/+socialists are way ahead in this department and as WE speak are indoctrinating YOUR own children to get in line with them ~! It isstill your America if you choose to keep it………..so quit crying and-
      Wake up-Put up or Shut up ~!!!!!!!

  • ltneid

    Here is a list of states with anti militia and paramilitary laws

    States with Both Anti-Militia and Anti-Paramilitary Training
    Laws (7)

    -Florida. FLA. STAT. ANN. ch. 870.06, 790.29.
    -Georgia. GA. CODE ANN. ss 38-2-277, 16-11-150 to -152.
    -Idaho. IDAHO CODE ss 46-802, 18-8101 to -8105.
    -Illinois. ILL. REV. STAT. ch. 1805, para. 94-95.
    -New York. N.Y. MIL. LAW s 240.
    -North Carolina. N.C. GEN. STAT. ss 127A-151, 14-288.20.
    -Rhode Island. R.I. GEN. LAWS ss 30-12-7, 11-55-1 to -3.

    States with Anti-Militia Laws Only (17)

    -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 Only (17)

    -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.

    • Paul Smith

      Unconstitutional. Need to be tested in court.

      • ltneid

        It’s been in court several times. If I understand the legalize correctly, judges ruled since that the Constitution gives the states the rights of local control of the Militia, they have right to pass laws governing them.

        • Paul Smith

          They absolutely do. . .the fed does not.

          • ltneid

            The result of this is that, so far, the courts have ruled these state laws constitutional.

          • Paul Smith

            Yes, a serious issue, the courts.

          • Phil Ossiferz Stone

            Sauce on that.

        • drikk

          Prohibiting is not governing.

  • TexasJester

    As long as the bigot doesn’t act out violently against those he’s bigoted against, he’s free to be a bigot.

    There’s another case in this country, in California, in Los Angeles, right now: A rapper is looking at 25-to-life in prison because his new album cover features an empty revolver with a loaded speed-loader next to it in the cover. He’s said to be a known member (or associate) of a gang in San Diego. And because this supposedly “foments violence” because of the GUN and BULLETS, even though the album features NO violent lyrics or images in the album.

    I don’t like bigotry; I don’t like rap. I feel neither has a place in our society. HOWEVER, because we have this thing called “The First Amendment”, these people have a right to say what they want, AS LONG AS THEY DO NOT ACT ON WHAT THEY MIGHT SAY.

  • Jim Burkiewicz

    Just one more reason why I voted for Adrian Wyllie for Florida Governor instead of the corrupt Evil statist Rick Scott or Charlie Crist.

  • Gail Filerino

    I hope this is being contested in the courts. Once again the American people are under attack by the RADICAL LIBERAL DEMONIC DEMOCRAT COMMUNIST PARTY! The problem in this country is the radical democrats that demonize guns, christians, military, white people, jobs, freedom & OUR CONSTITUTION. All democrats need to be FIRED.
    THE DEMOCRAT PARTY IS DEAD!

  • AB101

    I will bet that a dozen or less people have ever heard of
    such a law. I have lived in Florida for 45 years and consider myself pretty knowledgeable
    of State Laws. I will be calling my State Senator and State Reps. come Monday. This is really the top of stupid.

  • rockyvnvmc

    The key word in Florida’s Statue is ‘unlawfully’.

    Actually, since Congress passed the ‘Militia Act of 1903’ aka the ‘Dick Act’, which created the ‘Unorganized Militia’, to be comprised of all males of military age and veterans up to age sixty (old age at the time), and if said militia members are not advocating overthrowing the government, but merely training to protect the people their communities and their rights under the Constitution, the training with such would not be considered to be illegal.

    • Phil Ossiferz Stone

      And you know full well they’ll take you to court if they feel like it and rake you over the coals.

      The process is the punishment.

      • rockyvnvmc

        Ignorance is the problem. A willful ignorance on the part of some. Less so, on the part of others.

        I grant that our former Dept. of Education has become the Dept. of Indoctrination, churning out good little socialists, but anyone my age who doesn’t know any better is willfully ignorant, as we were actually taught the history of our nation, when I was in school, albeit, a revisionist history, written by the victors of Lincoln’s ‘War Against the States’.

        You have to go back to before the ‘War of Northern Aggression’ to read he truth about our Republic (Not a Democracy). The turning point was the 16th and 17th Amendments, which completely changed how our government functioned and resulted in a top down tyranny, that was never intended to be.

        ‘The powers granted to the federal government are Few and Enumerated, while hose left to the States are Numerous and Infinite.’ ~ James Madison Federalist #45

        ‘The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the People.’ ~ 9th Amendment to the US Constitution

        ‘The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People.’ ~ 10th Amendment to the US Constitution
        Following the election of our Nation’s 1st ‘Progressive’, President Woodrow Wilson, things began to take a turn for the worst. 1913 was a date which brought about massive changes in how our system functioned. Prior to that time, US citizens got to keep ALL of their income and the establishment of the Federal Reserve Act, which resulted in the US Dollar losing fully 98% of it’s value over the next 100 years and our 18 Trillion dollar national debt. WW1 and following that the creation of the failed League of Nations, which resulted in WW@, which brought about the United Nations, both created to become the roots of the global oligarchy of the world’s uber-wealthy and the world’s power elites, aka the ‘New World Order’, currently being championed by both ‘Establishment’ political parties.
        It was always a toss up, as to whether we would end up being ruled by Global Communism or said Oligarchy, neither of which could occur, until the sovereignty of the USA was destroyed.
        UN Sec’y. Genr’l. Ban Ki Moon is on record as claiming that ‘Only Global Communism can save the Earth from manmade Climate Change’. (which doesn’t exist).
        All of the ‘fundamental changes’ to America being pushed by both the Democratic Party and the Illegal-Alien-in-Chief are merely further steps in this direction, albeit giant steps.
        It’s time for our Framer’s last resort tool; an Article V Convention of States to write Amendments to bring the government back into what our Framers intended it to be interpreted as being, under the ‘chains of the Constitution’.
        Permit me to suggest your reading Mark R. Levin’s ‘The Liberty Amendments’, which explains in far greater detail, than I ever could, what we need to accomplish, in order to save the Republic.

  • rockyvnvmc

    The key word here is ‘unlawful’.
    Since the ‘Militia Act of 1903’ aka ‘the Dick Act’ created the ‘Unorganized Militia’, to be comprised of all males of military age and veterans up to age 60 (old age at the time), most Americans are already members of said ‘Unorganized Militia’ whether they even know it or not. This law is still in effect.
    As long as no one is advocating the overthrow of a legally constituted government, but merely training to protect the People, their Communities and their Rights under the Constitution, their actions are entirely within the law.

  • UmpDaddy

    Time to repeal a statute

  • Muglas

    Wrong. Did he read the part that says ” knowing or having reason to know or intending that the same will be unlawfully employed for use…..”

  • Notice they have this phrase… ‘knowing
    or having reason to know or intending that the same will be unlawfully
    employed for use in ‘ … Nothing we are doing is to be used unlawfully.

  • Kyler Fildes

    This is not ok! What the fuck!? Try and take my weapons away from me and you will see “bulletsfirst”.

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