Hoping this doesn't become necessary for us tomorrow but just in case.
What should you do if you see armed groups near a polling place or voter registration drive?
Well, you could be intimidated and go away. Or try to pretend they're not there or that it is perfectly normal. Or you can call it out for what it is, voter intimidation, and demand that it stop then and there.
Here's some advice from the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center:
"First, document what you see," then consider the following questions:
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 like 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?
You can also dial 866-OUR-VOTE (866-687-8683) or 911 to report what you see.
Here is Kansas law:
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 illegal.
How do I know if a group of armed people is an unauthorized private militia?
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.They sometimes train together and respond to events using firearms and other paramilitary techniques, such as staking out tactical positions and operating in military-style formations.They often purport to have authority to engage in military and law enforcement functions such as protecting property and engaging in crowd control.
These groups often engage in behaviors that show their intent to act as a private militia, such as wearing military-style uniforms, tactical gear, or identifying insignia; wielding firearms or other weapons; and operating within a coordinated command structure.Other factors—such as statements by leaders or members’ efforts to direct the actions of others—also may suggest that a group is acting as a private militia. Groups of armed individuals may engage in unauthorized militia activity even if they do not consider themselves to be “members” of a paramilitary organization.
Does the Second Amendment protect private militias?
No. 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)).
Is it legal to act as a private militia in Kansas?
No. All 50 states prohibit private, unauthorized militias and military units from engaging in activities reserved for the state militia (the National Guard), including law enforcement activities. Kansas’s laws are described below:
Kansas Constitution: The Kansas Constitution forbids private military units from operating outside state authority, providing that “[t]he military shall be in strict subordination to the civil power.”
Kan. Const., Bill of Rights, § 4. Kansas Statutes–Prohibition on private military units:Kansas law makes it illegal for groups of people to organize as private militias without permission from the state. Kan. Stat. Ann. § 48-203 provides that “[n]o independent military organization, except a corps of cadets at an educational institution, shall be permitted to bear arms without first securing permission of the” governor as commander in chief.
Meanwhile, Missouri Law:
Generally the same as all other states.
Missouri Constitution: The Missouri Constitution forbids private military units from operating outside state authority, providing that “[t]he military shall be always in strict subordination to the civil power.”
Mo. Const. art. I, § 24. MissouriStatute–Prohibition on paramilitary activity: It is a felony inMissourito“teach[]or demonstrate[]to any other person the use, application, or construction of any firearm, explosive, or incendiary device capable of causing injury or death to any person, knowing or intending that such firearm, explosive, or incendiary device be used in furtherance of a civil disorder.” Mo. Rev. Stat. § 574.070(2)
So, no, the 417 Missouri Militia, the 4/8 Militia, KS 1st Regiment, ist Mechanical, the 620, the 913 Militia, Allied Patriots, 785, KSM, Disciples, RPP, NWK, the Klan, Christian Identity, American Identity, ASTRU, Blood and Honor, Firm 22, Millstone, Patriot Front, Vanguard, Straight Way, the Proud Boys, Vipers, Forever Enduring Always Ready, Sons Of Liberty, Crusaders, the Boogaloos, Oath Keepers, Patriot Prayer, 3 Percenters or some lone wolf wannabe revolutionary cannot show up as "Poll Watchers" or strut around outside with their ARs and AKs.
Me? I'm calling 911 and asking for police.
Again, hoping it's not necessary.
Vote, folks!! Let's do this!
Vote!! And VOTE BLUE!!
#BlueWave2020
