www.law.georgetown.edu
As the fact sheets explain, the U.S. Constitution and state laws use the term “militia” to refer to all able-bodied residents between certain ages who may be called forth
by the government when there is a specific need; but private individuals have no legal authority to activate themselves for militia duty outside the authority of the federal or state government. The fact sheets also explain that the Second Amendment does not protect private militia activity, pointing to decisions from the U.S. Supreme Court in 1886 and 2008 making clear that the Second Amendment “does not prevent the prohibition of private paramilitary organizations.”
All 50 states prohibit private, unauthorized groups from engaging in activities reserved for the state militia, including law enforcement activities. The fact sheets include these state-specific laws. They also include guidance for what individuals can do if they see what appear to be militia members near a polling place, and direct that they report their observations to the Election Protection helpline at 866-OUR-VOTE (866-687-8683), with which ICAP is coordinating its efforts.
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