As the 2020 election looms, anxiety about the Nov. 3 election day, its results, and its aftermath loom. With a country deeply-divided over social issues, an armed element of the population, and a presidential candidate continuing to fuel doubts about mail ballots, and undercut his public health experts to call the surging COVID-19 pandemic a hoax, the situation is ripe for conflict.
The mix of guns, pandemic and election has been called”a toxic brew” by experts in global conflict, who for the first time are turning their attention from third-world countries’ democratic processes to the U.S.
Already this fall, there is a widespread concern — particularly on the left — about the role self-styled militias could play after two protesters were fatally shot in Kenosha, Wis., earlier this year, and after the FBI says it thwarted a plot by right-wing militia in Michigan to kidnap Democratic Gov. Gretchen Whitmer.
The introduction of a recent article by the Anti-Defamation League mentions the Chaffee Patriot group, outlined in this Sept. 2020 AVV article. They introduced the subject of potential extremist actions this way:
“Like it or not it’s about to become a ‘significant time in American history’: Patriots vs. traitors…Start preparing now: food, ammo, fuel…ballots and/or bullets. God knows my heart, and my aim is true.”
Such a message would not be a surprising discovery on extremist platforms like Telegram or Gab, but we are increasingly seeing this violent and apocalyptic rhetoric on Facebook “Patriot” pages, populated largely by non-extremist users.
For those who may be unnerved by the rise of self-styled militia groups and patriot groups across the country, including an active Chaffee Patriot group, there is a growing sense of unease. But into this reality, the laws of our country come into play.
There are actually several laws on the books at both the national and the Colorado levels that prohibit the kinds of militia and paramilitary activity gaining traction among some right-wing groups.
First, these self-styled, private militias are unlawful in Colorado.
Federal and state laws generally use the term “militia” to refer to all able-bodied residents between certain ages who may be called forth by the government to defend the United States or an individual state. See 10 U.S.C. § 246.
When not called forth, they are sometimes referred to as the “unorganized militia.” A group of people who consider themselves part of the able-bodied residents referred to as members of the militia under state or federal law is not legally permitted to activate itself for duty. A private militia that attempts to activate itself for duty, outside of the authority of the state or federal government, is in fact, illegal.
The Second Amendment of the U.S. Constitution regarding the right to bear arms is often cited by advocates as the document that protects their right to form a private militia. It does not.
The Liberate Michigan protest featured heavily-armed, mostly men, with few masks in evidence. Within a few months, a subset of them tried to kidnap the Michigan governor. Photo from Liberate Michigan.
In fact, the Supreme Court decided in 1886—and repeated in 2008—that the Second Amendment “does not prevent the prohibition of private paramilitary organizations.” District of Columbia v. Heller, 554 U.S. 570, 621 (2008) (citing Presser v. Illinois, 116 U.S. 252 (1886).
Not only are private militia not legal in Colorado, but all 50 states also prohibit private, unauthorized militias and military units from engaging in activities reserved for the state militia, including law enforcement activities. Some, including Colorado, also prohibit paramilitary activity during or in furtherance of a civil disorder.
Colorado’s laws are described below:
Target shooters practicing in Smeltertown in Chaffee County close to residential houses. The identity of this group is unknown. AVV image.
The Colorado Constitution forbids private military units from operating outside state authority, providing that“the military shall always be in strict subordination to the civil power.” Colo. Const. art. II, § 22.
Colorado Statutes–Prohibition on paramilitary activity. It is a felony in Colorado to either:
(1) teach or demonstrate how to use, apply, or make “any firearm, explosive or incendiary device, or technique capable of causing injury or death, knowing “that the same will be will be unlawfully used in furtherance of a civil disorder;” or
(2) assemble“with one or more other persons for the purpose of training or practicing with, or being instructed in the use of, any firearm, explosive or incendiary device, or technique capable of causing injury or death to any person with the intent to unlawfully use the same in furtherance of a civil disorder.”Colo. Rev. Stat. § 18-9-120
How to determine if a group of armed militia is acting legally:
First, were they called out by the Governor or the federal government? Without that occurring, they are acting as an unauthorized private militia.
Three percenters rally at a recent protest, are friendly with police. Image by DeSmog
Yes, these groups have been seen to train together, dress in military-style gear, carry firearms, or engage in other paramilitary training techniques. But while they say they have some authority to engage in military and law enforcement functions (for instance claiming to protect businesses or doing “crowd control”), they in fact have no such authority.
Though these groups often engage in behaviors that show their intent to act as a private militia, this is the West – not the Wild West. Wearing military-style uniforms, tactical gear, or identifying insignia; wielding firearms or other weapons; and operating within a coordinated command structure or making statements that appear to direct the actions of others certainly suggest a private militia structure. But it is, in fact, unauthorized paramilitary activity.
https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2020/09/Colorado.pdf
What to do if you see armed people near a polling place or gathering space:
According to the Institute for Constitutional Advocacy and Protection (ICAP) at Georgetown University Law Center, there are several things you can do as citizens if you see armed people approaching a polling place or a gathering of citizens.
https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2020/09/Colorado.pdf
First and most important — document what you see:
➢What are the armed people doing?
➢What are the armed people wearing?
➢Are they carrying firearms? If so, what type? If not, are they carrying other types of weapons?
➢Are they wearing insignia? If so, what does it say or look like?
➢Are they bearing signs or flags?
➢Do they seem to be patrolling as a law enforcement officer might do?
➢Do they seem to be coordinating their actions?
➢Do they have a leader?
➢Are they stopping or talking to people outside of their group?
➢Do they appear to be provoking or threatening violence? If so, what are they doing specifically?
➢Are people turning away from the polling station after seeing or speaking with them?
Second, report what you see by calling Election Protection at 866-OUR-VOTE (866-687-8683).
Assistance is also available in other languages:
Spanish at 888-VE-Y-VOTA (888-839-8682),
Arabic at 844-YALLA-US (844-915-5187),
Asian languages at 888-API-VOTE (1-888-174-8683).
A video call number for American Sign Language is available at 301-818-VOTE (301-818-8683)
With this as background and the Nov. 3 election looming — where does that leave the Three Percenters … or Chaffee Patriots?
Featured image: Three Percenter group staging a protest in Wichita, Kansas this year. Image courtesy of www.irehr.org
Antifa = made up?dumb ass commie.wouldnt know freedom if it bit her big fat ass
Well, that juvenile comment certainly defines you. Something you might expect from a petulant high school punk, not an adult.
I know that they think they’re scary, and I know that they have the potential for violence, but when I look at the picture of that truck full of extra-husky wide-load “patriots” on the linked ADL page, all I can do is laugh.
Those economy-size “warriors” probably couldn’t sprint 50 feet without having a stroke! They’re going to need a cattle trailer and a fleet of golf carts to haul them from conflict point to conflict point! They look like the All-Diabetic Assault Force, which includes the Myocardial Infarction Squad! I’m laughing just thinking about them out in the woods, weezing and huffing and puffing as they practice their maneuvers. Better have an EMT and a Flight For Life on standby, boys!
Most of these so-called patriots are sad has-beens, never-weres, police academy failures, and military washouts, now living out their power fantasies with their little groups of like-minded Paul Blart types. I almost feel sorry for them. Almost.
The Chaffee County Patriots only harrass elementary school children. Another good reason to keep your wee ones home on Halloween.
If your review of Colorado law is correct, why weren’t the black clad rioters destroying Denver not prosecuted to the fullest extent of the law? Clearly they were being led by an organized leadership, using explosives against the police and causing both injuries to persons and damaging private and public property. Or, in the view of your publication, do antifa members get a pass and somehow become above the law?
We value all of our citizens who contribute to the common good regardless of their education, economic status or the color of their skin. However, try robbing and looting in the Vallecito area and watch how fast the locals respond with appropriate force including deadly force. No militia, just average men and women not willing to stand aside when wrong doing is being committed.
Hello Mark. AVV was not there, but many of our fellow news media of the Colorado Media Collaborative of which AVV is a part, were. The facts reveal that there were very few “black-clad rioters” and thousands of ordinary citizens, students, business people, shop keepers, city and suburbanites of all demographics marching in support of social justice issues in Denver. They had no organized leader, no organized communications. But there were, in fact, many right-wing protestors there, among them organizing people who were in this county only a couple of weeks prior to the events of which you speak.
As to who was doing the looting and who was attacking whom — that remains to be seen. ‘Antifa’ to which you refer is a made-up term from 1930s Germany — used there briefly to label those anti-fascists who stood against Hitler. It is not an organized movement, it is a philosophy.
Most of our parents and grandparents were anti-fascists — those who stood against Hitler and Mussolini were anti-fascists. Would you call those who fought that evil wrong? Where do you stand? Would you have stood against Hitler?
The act of civil protest and peaceful assembly is a right protected by the first amendment of our constitution. Organizing a private militia not responsible to state authority is not a protected activity.
Jan, your response to Mark was perfect. I do find it amazing in how the so called “patriots” point a finger and yell every time a group protests in anger over inequality or oppression. Yet where were these same voices when the Charlottesville attack against peaceful protestors occurred. I am happy to see someone bring up the comparison to groups in Germany protesting against Hitler. I doubt these so called “Patriots” would have raised a voice in protest for one reason. They would have supported Hitler. I doubt these so called “Patriots” would have joined the protest and eventual fighting against England. They would have stood right along side all of the Tories and condemned such nasty behavior. Keep up the good work Jan, the County needs your very accurate news source.