By Michael Bielawski
A law passed in Vermont last year dealing with banning militias is now being closely replicated at the national level.
The Vermont bill S.3 was sponsored by Sen. Phil Baruth, D/P-Chittenden and was signed by Governor Phil Scott in 2023. The bill states, “A person shall not own or operate a paramilitary training camp or facility in the State of Vermont. A person who violates this subsection shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.”
Its national counterpart is called the Preventing Private Paramilitary Activity Act. Sen. Ed Markey, D-Mass., is the sponsor.
Its text reads, “It shall be unlawful to knowingly, while acting as part of or on behalf of a private paramilitary organization and armed with a firearm, explosive or incendiary device, or other dangerous weapon publically patrol, drill, or engage in techniques capable of causing bodily injury or death; ‘‘(2) interfere with, interrupt, or attempt to interfere with or interrupt government operations or a government proceeding; ‘‘(3) interfere with or intimidate another person in that person’s exercise of any right under the Constitution of the United States; ‘‘(4) assume the functions of a law enforcement officer, peace officer, or public official, whether or not acting under color of law, and thereby assert authority or purport to assert authority over another person without the consent of that person; or ‘‘(5) train to engage in any activity described.
Markey issued a press release introducing the bill. It states, “The prohibition would hold individuals liable who directly engage in certain types of conduct, including intimidating state and local officials, interfering with government proceedings, pretending to be law enforcement, and violating people’s constitutional rights, while armed and acting as part of a private paramilitary organization.”
Bill Moore, firearms policy analyst for the Vermont Traditions Coalition, testified to Vermont lawmakers in 2023 regarding S. 3. He cautioned that this must not put lawful activist groups under threat of prosecution.
He gave some examples from during the Civil Rights era. He said, “At the same time we must recognize that the possible and likely outcome of a statutory scheme as proposed is eerily familiar to historians of Civil Rights and 20th century law enforcement. That is a history of abuse against unpopular political groups such as the Black Panthers, SDS [Students for a Democratic Society] and leaders like Dr. King and Panthers leader Fred Hampton who was assassinated while being served a Search Warrant at 4:00 AM.”
Vermont has had a training ground for shooters called Slate Ridge in West Pawlet. The group has asserted they have a right to do their training, but some of the local community and media have accused them as being unlawful, threatening and a nuisance.
Moore also asserts that for a militia to be legally legitimate there must be some accountability to civilian government.
“Groups of armed individuals that engage in paramilitary activity or law enforcement functions without being called forth by a governor or the federal government and without reporting to any government authority are acting as unauthorized private Militias,” he wrote.
Some pundits have accused Antifa of acting like an unregulated militia. In the past they have shown up at political events in masks and carrying firearms, including in one case to defend a drag-queen event intended for young children.
In history militias that were not tied to a civilian government have been used to grab political power. In 1930s Germany the Schutzstaffel or “SS’‘ was used by the Nazi party to intimidate political opposition and was implicated in political assassinations during the Night of the Long Knives in 1934.
The U.S. Constitution maintains that militias are a right and responsibility of the citizenry. Article I, Section 8, Clause 16: states that Congress shall have power “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.”
The author is a writer for the Vermont Daily Chronicle