Virginia Anti-Paramilitary Law: Perspective & Rationality
People have been going nuts about the proposed anti-Paramilitary law in Virginia. They have been making all sorts of stuff up, including that it will apply to martial arts instructors. It lacks rationality and does not reflect well on pro-2A folks.
So let’s take a look at this with a little bit of rationality and perspective. Firstly, let’s understand that there is already an anti-paramilitary law in Virginia, since 1987. This is the current Virginia Code:
§ 18.2-433.2. Paramilitary activity prohibited.
A person shall be guilty of unlawful paramilitary activity, punishable as a Class 5 felony if he:
1. Teaches or demonstrates to any other person the use, application, or making of any firearm, explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that such training will be employed for use in, or in furtherance of, a civil disorder; or
2. Assembles with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive or incendiary device, or technique capable of causing injury or death to persons, intending to employ such training for use in, or in furtherance of, a civil disorder.
1987, c. 720.
When I started MVT, I was aware of this code. This was one of the factors that led me to build the VTC in West Virginia. West Virginia has an anti-Militia law, but not an anti-paramilitary one.
Note that the key part of this code is: “such training will be employed for use in, or in furtherance of, a civil disorder.” This is the absolute key point. It is also why in the disclaimer packet for attending training at MVT, you sign that you do not intend to utilize this training for unlawful or civil disorder purposes.
Now, it seems absolutely fair to me that State Government does not want anyone training for the purposes of Civil Disorder. Would you want some dudes down the road training in firearms and explosives with the purpose of conducting terrorist activities? I don’t think so. So the key point here, and why you must take care to protect yourself, is not so much the law itself, but the political motivations behind the politicians and enforcement agencies. And we now have a situation where Virginia has gone blue in the legislature and we face very real threats to the 2A.
The proposed law that everyone is getting their knickers in a twist over is this:
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-433.2 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-433.2. Paramilitary activity prohibited; penalty.
A person shall be is guilty of unlawful paramilitary activity, punishable as a Class 5 felony if he:
1. Teaches or demonstrates to any other person the use, application, or making of any firearm, explosive, or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that such training will be employed for use in, or in furtherance of, a civil disorder; or
2. Assembles with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive, or incendiary device, or technique capable of causing injury or death to persons, intending to employ such training for use in, or in furtherance of, a civil disorder; or
3. Assembles with one or more persons with the intent of intimidating any person or group of persons by drilling, parading, or marching with any firearm, any explosive or incendiary device, or any components or combination thereof.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
My assessment of this amendment to the current law is that it is aimed specifically at armed protest marches that may / will occur if / when some of the new anti-2A laws are passed in the 2020 session. Also, if you are not careful with your rhetoric, you may be prosecuted under any parts of this law. I have already seen talk of lobby day being an armed protest, which will likely be before this law is in effect. Anyone showing up armed at any of these sort of political protests will be at risk from this law. This applies to militia groups from both sides of the political divide, and we have already seen leftist groups showing up armed to protests. I think this new law is an attempt to head off this kind of armed protest to the proposed anti-2A laws in the 2020 session.
Of course, depending on the political climate, we cannot expect this to be applied equally across the political spectrum. It should not be applied to private or commercial tactical or firearms training, but it may be if you become a target due to rhetoric. An intent for civil disorder needs to be shown, and a snitch could provide that. At least enough that your life is seriously impacted by law enforcement action, even if it is ultimately not proved in court.
I believe that a greater threat is the push for sweeping anti-2A laws coming in the 2020 session. I can’t understand the drive of some to protest while openly armed. That isn’t what firearms are for, and by doing so you may will put yourself in a poor tactical situation should it kick off due to any number of potential causes.
The current lawful push is for the creation of 2A Sanctuary Counties. It has spread like wildfire across Virginia and Culpeper (my County) should be voting tomorrow. This is all we can do as pro-2A citizens. It is by no means certain that these proposed laws will pass, although I do worry that watered down versions will pass for which we will ‘settle’ having felt we had ‘a win.’
We already know that the 2A, which “shall not be infringed”, is already so. We are where we are at this time, much of the ground having been given up by those who went before us. We should not let it become infringed even more. We can continue to push with the groundswell of public opinion across Virginia. It is certainly a dilemma as to what will happen if Virginia passes ‘laws’ that are anti-2A, and thus anti-Constitutional, and thus in effect ‘no law’ – but still a clear and present threat to the freedom of Virginians who will become instant felons. That is more of a threat than this anti-paramilitary law, which already exists anyway in a slightly less virulent form. It is more of a worry that as the anti-paramilitary law passes, you are already a felon due to the rest of the sweeping anti-2A laws that are proposed.
As a free American Citizen, you should not give up your fundamental right to self-defense, which is enshrined in the Bill of Rights. But neither should you go out and become a threat to other free citizens around you. If these non-laws are passed, and the State sends armed men to our homes to enforce them, even within 2A sanctuary counties, all we have left is the right and prerogative to self defense; to defend ourselves against this proposed tyranny.