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Old October 6, 2012, 04:13 PM   #32
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 6,689
The following was quoted in response to my post asking where in any statute it is defined that "paramilitary training" is determined by membership in a "rank and file" organization. In citing this, member Fishing_Cabin emphasized section (3)(b).

However, the statute cited (which is similar to the statutes of several other states I have seen) does not define "paramilitary" as predicated on membership in a "rank and file" organization, nor does the statute prohibit paramilitary training in general. Rather, the statute specifies WHEN paramilitary training is prohibited. It is prohibited when it is "intending to unlawfully employ the same for use in, or in furtherance of, a civil disorder within the United States ..." The same language also appears in paragraph (3)(a).

So ... first, the law doesn't mention anything about an "organization;" it says "whoever assembles with one or more persons for the purpose of training with ..." The language of this section would cover any tactical or self-defense course offered by Gunsite, Thunder Ranch, any NRA Personal protection in the Home (or Outside of the Home) class, and probably even the NRA Basic Pistol class.

Second ... the law does NOT prohibit paramilitary training. It is not a blanket prohibition. The law prohibits paramilitary training **ONLY** if and when the purpose of the training (or perhaps the purpose of the person receiving the training) is "... intending to unlawfully employ the same for use in, or in furtherance of, a civil disorder within the United States ..."

Consequently, if I wanted to recruit a bunch of friends and train us up to be a second line of defense after the police for our town against a terrorist or zombie attack, even if we formally organize and even if we have military-like uniforms and use military ranks and insignia of rank and even if our training is blatantly "paramilitary" ... this statute would NOT prohibit us from doing so, because our intent is not to cause civil disorder, but to defend the community.

Quote:
790.29 Paramilitary training; teaching or participation prohibited.—
(1) This act shall be known and may be cited as the “State Antiparamilitary 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.
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