“New Mexico Civil Guard” Sues City Over Onate Statute Protest Detainment; Citizens Militia’s At Center of January 6 US. Capital Insurrection; Outlaw Or Regulate Citizens Militias Before They Kill Someone; Add To 2022 Crime Package Legislation

On September 9, 2021, 8 members of the citizens militia group known as the New Mexico Civil Guard (NMCG) filed a federal lawsuit against the City of Albuquerque and the Albuquerque Police Department (APD). The lawsuit claims the 8 were “targeted” by APD when they showed up on June 15, 2020 at the protest over the “La Jornada” (The Journey) sculpture in front of the Albuquerque Museum. The protest was for the removal of the figures of Juan de Onate de Salazar in the sculpture. A man was shot during the protest.

According to a federal lawsuit, the citizens militia group claim city officials targeted them for no reason. The lawsuit alleges that the city was aware the militia group was going to be there and APD positioned officers near the protest waiting until a Civil Guard member “committed a crime and planned to then arrest them.” The plaintiffs alleged they did nothing wrong and were detained anyway by APD.

The Civil Guard members allege one of them was attacked at the protest and at that point all the civil guard left the crowd. According to the complaint, after they had moved away, 31-year-old Steven Baca pulled a concealed handgun and started shooting, hitting one man. When the shooting began, the guard members returned and ran toward Baca and upon encountering him, one militia member stepped on the gun or “kicked his gun away”.

The lawsuit alleges that even though police knew the group wasn’t associated with Baca, they “arrested” the plaintiffs anyway, held them for hours for questioning, not allowing them to talk to lawyers or even use the restroom . They were eventually released after interviews.

EDITOR’S NOTE: The allegation that they were arrested is false. No militia member was arrested but they were held for questioning and then released.

At the time of the incident, Bernalillo County District Attorney Raul Torrez said that the militia members had a right to be at the protest and bear arms. However, the DA made it clear they did not have the right to intervene as “enforcers of the law”. The DA later filed an injunction to prohibit the Civil Guard from acting in any police or military capacity and to declare the group a “nuisance” posing an immediate threat.

A link to the complete news report is here:

https://www.krqe.com/news/politics-government/nm-civil-guard-sues-city-over-juan-de-onate-protests/

NEWS COVERAGE OF JUNE 15, 2020 PROTEST

The June 15, 2020 protests and shooting was the subject of extensive news coverage. It was reported at the time as follows:

During the protest, there were 6 to 8 heavily armed NMCG members, some dressed in military camouflage, saying they were present to “protect” the sculpture. It was reported that the shooting occurred when at least 3 of the protesters attacked a person identified as Steven Baca who was walking away from them. Steven Baca was struck in the head with a skateboard and Baca drew a gun, shot numerous times, with one shot hitting one of the protesters. The shot protester was rushed to the hospital and was listed in critical but stable condition. The shooting and violence resulted in the City taking the single figure of Onate down and relocating it in an undisclosed location.

Civil Guard members said they took zero responsibility for the shooting and what happened at the June 15 protest. The militia group pointed out that Steven Baca is not a member of their group. They also have said Baca was “justified” in shooting a protester and believe their armed presence stopped more bloodshed.

NMCG Chaplin and Founder Bryce Provance said that after the gunfire, his men set their “scope” on Steven Baca and “would’ve blown his brains out” if he kept shooting. NMCG member John Burks, an Army veteran who served in “quite a few deployments” said that he could not “specifically speak on” his kicking Steven Baca’s gun away to “secure the crime scene“ but did say:

“People said we protected him after he shot. … No, we detained him and formed a perimeter around him so that he didn’t pick that gun back up and shoot more people.”

https://www.abqjournal.com/1472698/the-world-is-a-scary-place.html

On June 16, the Albuquerque Police Department released a photo of the 13 guns and 34 magazines taken from militia members at the protest. In the APD photo there are 4 semi-automatic rifles. A controversy is now brewing over the handling of the protest by the Albuquerque Police Department (APD).

https://www.krqe.com/news/protests/new-mexico-civil-guard-speaks-out-governor-and-mayor-condemn-group/

DISTRICT ATTORNEY FILES CIVIL LAWSUIT AGAINST NMCG MILITIA

On Monday, July 14, 2020, Bernalillo County District Attorney Raúl Torrez filed a civil lawsuit to stop the New Mexico Civil Guard private militia from usurping the state’s military and law enforcement authority. The lawsuit was filed against the New Mexico Civil Guard and 14 of its members who “include some individuals associated with white supremacist and neo-Confederate organizations, according to the civil complaint.

The lawsuit argued that the New Mexico Constitution says civilian militias can only be activated by the governor and alleges the New Mexico Civil Guard is acting like law enforcement. According to the lawsuit, the New Mexico Civil Guard are acting like law enforcement by holding training sessions, outfitting themselves with military equipment and gear, and patrolling protests armed and in uniform without any legal authority to act in any kind of law enforcement capacity.

The lawsuit alleges that membership includes people associated with white supremacist and neo-Confederate ideology. According to the lawsuit:

“[NMCG has routinely used paramilitary tactics] at protests, demonstrations, and public gatherings throughout New Mexico, providing wholly unauthorized, heavily armed, and coordinated ‘protection’ from perceived threats.”

The federal civil complaint makes specific allegations that are alarming as to the actions of the New Mexico Civil Guard. Paragraphs 2, 4, 5, 7 and 8 of the complaint are succinct and outlines the “New Mexico Civil Guard” activities and what they are all about:

“2. The so-called “New Mexico Civil Guard” (NMCG) is not an organized police force or an organized part of the military. Nor is it affiliated with or overseen by the Government. Yet this group formed for the claimed purpose of maintaining the peace and both fashions itself and pretends to function as a part of the state military. NMCG’s coordinated, armed, and uniformed presence at public events results in intimidation and creates a chilling effect on the exercise of First Amendment rights to address matters of public concern. NMCG’s attempt to operate as a private police or military unit in Bernalillo County is a per se public nuisance that must be abated to protect public safety, allow the free and open use of public forums, and minimize violent armed confrontations.
… .
5. NMCG has unlawfully exercised and intends to continue to unlawfully exercise the power to maintain public peace reserved to peace officers. NMCG’s membership is not composed of peace officers, and New Mexico law clearly provides that NMCG and its members have no civil or military authority to maintain the public peace.”
… .
“7. This is a case about paramilitary action that threatens public safety and intimidates the public’s exercise of First Amendment rights. It is not a case about gun ownership, gun possession, or self-protection. Importantly, NMCG’s paramilitary activity is not protected by the Second Amendment, and the relief that the State seeks does not run afoul of Defendants’ Second Amendment rights. … .
“8. Nor is this a case about political viewpoints. To the extent NMCG has certain white supremacist ties, their viewpoint heightens the risk of violence at certain public events because of the antipathy they hold for particular groups of protesters. But the threat posed to public safety by paramilitary actions at public demonstrations or gatherings exists regardless of the paramilitary organization’s underlying ideology. Put simply, there is no place in an ordered civil society for private armed groups that seek to impose their collective will on the people in place of the police or the military. … .”

The link to the civil complaint filed is here:

https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2020/07/State-v.-NM-Civil-Guard-Filed-Verified-Complaint.pdf

https://www.cnn.com/2020/07/14/us/new-mexico-militia-group-lawsuit/index.html

ONLY CERTIFIED LAW ENFORCEMENT AUTHORIZED “TO KEEP THE PEACE”

The New Mexico Civil Guard are not law enforcement and are likely violating the laws that govern peace officers with their actions.

The New Mexico statutory law is very clear as to the definition of a “peace officer”. The law is also very clear that only peace officers are authorized to maintain the peace and make arrests.

It is § 30-1-12(C) (1963) of the New Mexico statutes that defines a peace officer as anyone who is elected or appointed and who is:

“vested by law with a duty to maintain public order or to make arrests for crime.”

https://law.justia.com/codes/new-mexico/2018/chapter-30/article-1/section-30-1-12/

Under §29-1-9 (2006) of the New Mexico statutes the duties, responsibilities and authority to lawfully maintain the peace are expressly reserved to peace officers. The statute provides:

“[N]o person shall assume or exercise the functions, powers, duties and privileges incident and belonging to the office of special deputy sheriff, marshal, policeman or other peace officer without first having received an appointment in writing from a person authorized by law to appoint special deputy sheriffs, marshals, policemen or other peace officers . . . .”

Section §30-27-2.1 of the New Mexico statutes also defines what a police officer is, what impersonating a police officer is and it illegal for anyone to impersonate a peace officer The statute provides:

… [A] “peace officer” means any public official or public officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes.

Impersonating a peace officer consists of:

(1) without due authority exercising or attempting to exercise the functions of a peace officer; or
(2) pretending to be a peace officer with the intent to deceive another person.
… Whoever commits impersonating a peace officer is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth-degree felony.

NEW MEXICO LAW ENFORCMENT HEAVILY REGUALTED

Much like doctors, lawyers, and teachers, law enforcement in New Mexico is heavily regulated profession. There are minimum qualification and training requirements for all state certified law enforcement. It is the Law Enforcement Training Act that creates the law-enforcement academy to provide a planned program of basic law enforcement training and in-service law enforcement training for police officers.

The academy requires minimum training requirements for certification, and requirements for continuing training “to constantly upgrade law enforcement within the state.” ( NMSA 1978, §§ 29-7-1 to – 15, passed in 1969, and amended through 2020). The statute provides for suspension and revocation of law-enforcement certification based on dishonesty or fraud, the commission of a felony, or violations of law involving moral turpitude. (§ 29-7-13,) NMSA 1978. During the 2020 legislative session, the New Mexico Legislature amended the Act to require revocation of law-enforcement certification for crimes involving the use or threatened use of force. ( NMSA 1978, § 29-7-15)

NEW MEXICO MILITARY HEAVILY REGUALTED

The New Mexico Civil Guard is not military and are not authorized under the law to use military force. The New Mexico Civil Guard is likely violating the laws that govern government militias, the National Guard and the New Mexico state defense force.

Under New Mexico statutory law, entities that are authorized to use military force on the State’s behalf are collectively known as the “militia”. It is Section 20-2-1 of the New Mexico Statues that outlines 3 distinct components of the militias:

A. “Militia” means all the military forces of this state, organized and unorganized, whether active or inactive; but excludes the regularly organized police forces of the state or its political subdivisions and excludes the civil air patrol division.

B. “National guard” means the New Mexico army national guard and the New Mexico air national guard. The national guard is federally recognized and has a dual state and federal character and mission. When used in Chapter 20 NMSA 1978 national guard shall refer to the national guard of New Mexico unless otherwise stated.

C. “New Mexico state defense force” means that part of the militia of the state which is not federally recognized. It is exclusively a state entity. Its standing cadre is a component of the organized militia; its ranks are filled upon order of the governor from the unorganized militia. When used in Chapter 20 NMSA 1978, state defense force shall refer to the New Mexico state defense force.

https://law.justia.com/codes/new-mexico/2013/chapter-20/article-2/section-20-2-1/

Note that 20-2-1 section A makes it clear that militia does not include organized police forces of the state, counties and municipalities all which are separate political subdivisions. Note also that the New Mexico National Guard is federally recognized and can be called or ordered into active federal service ostensibly by the United States Defense Department or order of the President. The State Defense Force is “exclusively a state entity and not federally recognized as is the National Guard. The ranks of the State Defense Force can be filled by the unorganized militia only by order of the Governor. Absent activation into the State Defense Force by the Governor, any unorganized militia lacks authority to operate as a military force.

FUNCTIONS OF NM NATIONAL GUARD AND STATE DEFENSE FORCE

It is not the function of the National Guard nor the State Defense Force to exercise the powers and duties of peace officers. It is New Mexico statutes § 20-2-3, dealing with Military Affairs, that designates the Governor as only one who has the power to call out the national guard and the militia and the statute outlines those instances.

§ 20-2-3 provides:

“A. The governor may, in case of insurrection, invasion, riot or breach of the peace or of imminent danger thereof or in case of other emergency, order into active service of the state the militia or any components or parts thereof that have not been called into federal service.  As used in this section, “emergency” includes any man-made or natural disaster causing or threatening widespread physical or economic harm that is beyond local control and requiring the resources of the state.

B. The governor may also order any member of the national guard to active state service … for the following reasons:

(1) to protect critical infrastructure in the state from a cybersecurity threat or security vulnerability;
(2) to protect an information system owned or operated by the state from a cybersecurity threat or security vulnerability;
(3) to protect information that is stored on, processed by or transiting on an information system owned or operated by the state from a cybersecurity threat or security vulnerability;  or
(4) to identify the source of a cybersecurity threat.

C. A member of the national guard called to active service pursuant to … t Subsection B … shall not have any police powers or arrest authority. … .

D. In case of any breach of the peace, tumult, riot or resistance to process of this state or imminent danger thereof, the sheriff of a county may call for aid from the governor as commander-in-chief of the national guard.  If it appears to the governor that the power of the county is insufficient to enable the sheriff to preserve the peace and protect the lives and property of the peaceful residents of the county or to overcome the resistance to process of this state, the governor shall, on application of the sheriff, order out such military force as is necessary.

E. When any portion of the militia is called out for the purpose of suppressing an unlawful or riotous assembly, the commander of the troops shall cooperate with the civil officers to the fullest extent consistent with the accomplishment of the object for which the troops were called. … .

F. When any portion of the militia is ordered into active service pursuant to this section in case of an emergency, the militia may provide those resources and services necessary to avoid or minimize economic or physical harm until a situation becomes stabilized and again under local self-support and control, including the provision, on a temporary, emergency basis, for lodging, sheltering, health care, food and any transportation or shipping necessary to protect lives or public property;  or for any other action necessary to protect the public health, safety and welfare.

G. … .

https://codes.findlaw.com/nm/chapter-20-military-affairs/nm-st-sect-20-2-3.html

ORGANIZED AND UNORGANIZED MILITIAS DEFINED

It is §20-2-2 of the New Mexico statutes that defines “organized and unorganized militias” as follows:

“The militia is composed of the organized and the unorganized militia.

A. The organized militia is the national guard and the standing cadre of the state defense force and such parts of the unorganized militia when and as may be activated, enrolled or enlisted into the national guard or into the state defense force.

B. The unorganized militia is comprised of all able-bodied male citizens of the state and all other able-bodied males who have or shall have declared their intentions to become citizens of the United States and are residents of the state who are not less than 18 or more than 45 years of age, but who shall not be more than 64 years of age if they shall have earlier served in or retired from the national guard; subject to … [specific] listed exceptions … .

TRUMP INCITES JANUARY UNITED STATES CAPITAL INSURECTION

On the Morning of January 6, 2021 Der Führer and outgoing President Donald Trump spoke to thousands of his upset and angry supporters in Washington, DC in front of the White House before the Congress was to schedule to accept the electoral college vote as mandated by the United States Constitution.

Trump’s speech was inflammatory and full of lies and he said in part:

“We will never give up. We will never concede. It doesn’t happen. You don’t concede when there’s theft involved. … Our country has had enough. We’re not going to take it anymore.”

“And after this, we’re going to walk down there, and I’ll be there with you, we’re going to walk down … to the Capitol and we are going to cheer on our brave senators and congressmen and women. … And we’re probably not going to be cheering so much for some of them. Because you’ll never take back our country with weakness. You have to show strength and you have to be strong.”

“You’re the real people. You’re the people that built this nation. You’re not the people that tore down this nation.”

“Now it is up to Congress to confront this egregious assault on our democracy.”

STORMING THE UNITED STATES CAPITOL

Soon after Trump spoke, the angry mob walked to the capital building where congress was proceeding to certify the electoral college vote certifying Joe Biden as the new president. Hundreds of pro-Trump protesters pushed through barriers set up along the perimeter of the Capitol, where they engaged with officers in full riot gear, some calling the officers “traitors” for doing their jobs.

Protesters pushed against metal fences and police using the fences to push protesters back, while other officers reached over the top to club people trying to cross their lines. After the building was breached, the Capitol police officer in the House chamber told lawmakers that they may need to duck under their chairs and informed lawmakers that protesters were in the building’s Rotunda. House members were seen wearing gas masks as they move between Capitol buildings.

An armed standoff took place at the House Chamber front door. Capitol police officers had guns drawn. The House floor was evacuated by police. Vice President Mike Pence was evacuated from the chamber. The protesters gained access to the Chamber and a Trump supporter sat in the chair of the Senate President located on the Senate dais. Other protesters gained access to house offices.

Smoke grenades were used on the Senate side of the Capitol as police worked to clear the building of rioters. Windows on the west side of the Senate were broken, and hundreds of officers amassed on the first floor of the building.

Congressional leaders were evacuated from the Capitol complex and taken to Fort McNair, a nearby Army base in Washington. The display of insurrection was the first time the US Capitol had been overrun since the British attacked and burned the US Capital building during the War of 1812.

https://www.cnn.com/2021/01/06/politics/us-capitol-lockdown/index.html

CITIZEN MILITIA’S LEAD STORMING OF UNITED STATES CAPITOL

On January 19, 2021, the Washington Post reported that according to court documents filed, self-styled militia members from Virginia, Ohio and other states made plans to storm the U.S. Capitol days in advance of the January 6 attack. They communicated in real time as they breached the capital building on opposite sides and talked about hunting for lawmakers.

Federal authorities have charged more than 100 individuals in the riot. The FBI have made arrests of people with alleged ties to far-right extremist groups, including the Oath Keepers, the Proud Boys and the Three Percenters in connection with the January 6 storming of the United States Capital. The arrest suggest that the riot was not an entirely impulsive outburst of violence but an event instigated or exploited by organized groups. Hours of video posted on social media and pored over by investigators have focused on individuals in military-style gear moving together.

The link to the full article is here:

https://www.washingtonpost.com/local/legal-issues/conspiracy-oath-keeper-arrest-capitol-riot/2021/01/19/fb84877a-5a4f-11eb-8bcf-3877871c819d_story.html

According to the Washington Post article, 3 United States military veterans have been charged in connection with the riot. Those veterans are Thomas Edward Caldwell, 66, of Berryville, Va., an apparent leader of the Oath Keepers extremist group, former U.S. Marine Donovan Crowl, 50, and Jessica Watkins, 38, an Army veteran. The three are charged with 5 federal counts of conspiracy against the United States, obstructing an official government proceeding, impeding or injuring government officers and destroying U.S. property, entering restricted grounds and disorderly conduct at the Capitol.

It is alleged that Caldwell and others coordinated in advance to disrupt Congress to disrupt the confirmation of President-elect Joe Biden’s electoral college victory. The criminal defendants are charged with scouting for lodging and recruiting Oath Keepers members from North Carolina and like-minded groups from the Shenandoah Valley. The Oath Keepers claims thousands of members who assert the right to defy government orders they deem improper. The plotters both anticipated violence and continued to act in concert after the break-in, investigators alleged in court documents. FBI papers also say that Caldwell suggested a similar event at the local level after the attack, saying in a message: “Lets storm the capitol in Ohio. Tell me when!”

“In charging papers, the FBI allege that during the Capitol riot, Caldwell received Facebook messages from unspecified senders updating him of the location of lawmakers. When he posted a one-word message, “Inside, he received exhortations and directions describing tunnels, doors and hallways. … Some messages, according to the FBI, included, “Tom all legislators are down in the Tunnels 3floors down,” and “Go through back house chamber doors facing left down hallway down steps.” Another message read: “All members are in the tunnels under capital seal them in. Turn on gas,” the FBI added.”

https://www.washingtonpost.com/local/legal-issues/conspiracy-oath-keeper-arrest-capitol-riot/2021/01/19/fb84877a-5a4f-11eb-8bcf-3877871c819d_story.html

THE INSURRECTION THEORY OF SECOND AMENDMENT

“Private Militias”, more commonly known by the general public as “Citizen Militias” are loosely defined as “armed military groups that are composed of private citizens and not recognized by the United State Government or state governments.” Upwards of half the states maintain laws regulating private militias. Generally, these laws prohibit the parading and exercising of armed private militias in public, but do not forbid the formation of private militias.

“Legal and political scholars have argued that citizen militias are driven by what is known as the insurrection theory of the Second Amendment. Under this view, the Second Amendment grants an unconditional right to bear arms for self-defense and for “rebellion against a tyrannical government” defined as when a government turns oppressive and private citizens have a duty to “insurrect” or take up arms against their own government.

The U.S. Supreme Court has issued a qualified rejection of the insurrection theory. According to the Court in Dennis v. United States, 341 U.S. 494, 71 S. Ct. 857, 95 L. Ed. 1137 (1951):

“[W]hatever theoretical merit there may be to the argument that there is a ‘right’ to rebellion against dictatorial governments is without force where the existing structure of the government provides for peaceful and orderly change.”

Legal scholars have interpreted this to mean that as long as the government provides for free elections and trials by jury, private citizens have no right to take up arms against the government. In states that do not outlaw them, private militias are limited only by the criminal laws applicable to all. In other words, if an armed private militia seeks to parade and exercise in a public area, its members will be subject to arrest on a variety of laws, including disturbing-the-peace, firearms, or even riot statutes.

Links to quoted sources are here:

https://law.jrank.org/pages/10067/Second-Amendment-PRIVATE-MILITIAS.html

https://law.jrank.org/pages/10067/Second-Amendment-PRIVATE-MILITIAS.html#ixzz6RZtSrv00

DEMOCRATS ANNOUNCE CRIME PACKAGE FOR 2022 LEGISLATIVE SESSION

On September 3, seventeen House Democrats, including majority floor leader Javier Martinez and Representatives Antonio “Moe” Maestas of Albuquerque, announced a lengthy list of goals for next regular legislative session that begins January 18, 2022. The legislation is being offered to address the he increase in violent crime in Albuquerque which is seen by the rest of the state as the center of violent crime. Last year, CBS News rated Albuquerque ninth among the top 50 most violent cities in the country. There have been 86 victims of homicide this year in Albuquerque.

Major highlights of the legislation outlined by the Albuquerque area Democrats include the following:

1. Major changes to the state’s pretrial detention system to keep certain individuals charged with violent crimes in jail until trial.
2. Extending prosecutors’ time limit for filing second-degree murder charges.
3. Increasing the criminal penalties for violent crime such as second degree murder. The current penalty for second degree murder is an 18 year basic sentence and is 12 years with mitigating circumstance and 24 years with aggravating circumstances.
4. Create new criminal penalty for failing to safely store firearms out of children’s reach.
5. To address gun violence, the legislators want establish state office of gun violence protection.
6. Place new restrictions or the sale or reduce high-capacity ammunition magazines for automatic weapons.
7. Increase pay levels and provide retention bonuses for law enforcement officers and provide recruitment and retention money and policies for police officers.
8. Crack down on those who own or operate chop shops that sell stolen vehicle parts such catalytic converters in automobiles and a crackdown on property damage in the theft of copper. an
9. Extend statute of limitations for certain violent crimes.
10. Increase funding for crime prevention grant program for local communities for street lighting .
11. Expand youth substance abuse and detox centers and increase the workforce that provides service for mental health and addiction..

COMMENTARY AND ANALYSIS

The “New Mexico Civil Guard” citizen’s militia suing the city for APD’s detention of them over the Onate statute protest detainment can only be described as an effort to intimate and usurp the legitimate exercise of law enforcement powers of APD, the city of Albuquerque and the state of New Mexico. It likely the group views the city as an easy mark they can secure concessions from and perhaps make a quick buck.

Simply put, the New Mexico Civil Guard are nothing more than vigilantes looking for trouble and who actually want a confrontation with law enforcement. Those who take it upon themselves to associate and bear arms calling themselves “citizen militias” take it to the extreme when they attend protests fully armed in military attire proclaiming they are there to assume the responsibility law enforcement to protect people and property. Such actions amount to vigilantism at its very worst.

OUTLAW OR REGULATE CITIZENS MILITIAS BEFORE SOMEONE GETS KILLED

On September 3, New Mexico House Representatives from the Albuquerque area announced a comprehensive “crime-fighting” package that would include expanded mental health treatment programs and increased criminal penalties. As presented, the proposed legislation includes 16 proposals.

Citizen Militias are not regulated in the State of New Mexico. As part of the “crime fighting package”, the Governor and the legislature should include for consideration the outlawing or regulating citizens militias in the state There is no comprehensive federal law that regulates them under the Second Amendment to the US Constitution.

Those who take it upon themselves to associate and bear arms calling themselves “citizen militias” take it to the extreme when they attend protests fully armed in military attire proclaiming they are there to assume the responsibility law enforcement to protect people and property. Such attendance amounts to nothing but vigilantism.

As things escalate with mass murders and protests, the State of New Mexico and the United State Congress need to enact legislation that defines with more particularity what a “citizen miltia” is and either ban them entirely or regulate all citizens militias.

If the United States Congress, and for that matter New Mexico, does not ban citizen militia’s, a Citizen’s Militia Registration Act needs to be enacted. Citizen militias need to be defined along similar lines of how “gangs” are defined under federal criminal law.

https://nij.ojp.gov/topics/articles/what-gang-definitions

A “citizens militia” needs to be defined as:

“An association of three or more individuals, whose members collectively identify themselves by adopting a group identity employing one or more of the following: a common name, slogan, identifying sign, symbol, flag, uniforms or military apparel or other physical identifying marking, style or color of clothing, whose purpose in part is to engage in the protection of private property and other people. A registered citizens militia may employ rules for joining and operating within the militia and members may meet on a recurring basis.”

A Citizen Militia Registration Act would require citizen militias to:

Allow only American Citizens to be members of a citizen militia.
Register with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE) within the United States Department of Justice or in New Mexico with the New Mexico Homeland Security Office.
Require members to register their firearms with the ATFE or State.
Pay yearly regulation fees and firearm certification fees and carry liability insurance.
Identify all their members by name, address and contact information.
Prohibit felons from joining.
Limit their authority and powers so as to prevent militias to engage in law enforcement activities.
Require members to pass criminal background checks and psychological testing.
Mandate training and instructions on firearm use and safety.
Require all militias and its members to agree to follow all local, state and federal laws and apply for permits to attend functions sponsored by others.
Failure to register as mandated would be a felony.

https://nij.ojp.gov/topics/articles/what-gang-definitions

CONCLUSION

The fact that the New Mexico Civil Guard has now sued the City and APD for detaining them regarding their interference with the June 15, 2020 protest is clear warning they have no intentions of stopping their interference with law enforcement.

Under absolutely no circumstances should the city attempt to settle the case and do everything it can to aggressively defend against such a frivolous law suit. Until something is done with the enactment of citizen militia prohibitions or regulations, citizen militias will be nothing more than vigilantes on the hunt using armed intimidation tactics to interfere with people’s first amendment rights as they attempt to assume law enforcement duties and responsibilities and act like military.

New Mexico Governor Michelle Lujan Grisham should add to her call of the 2022 legislative session legislation that will outlaw or regulate citizens militias before they kill someone with their vigilantism.

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About

Pete Dinelli was born and raised in Albuquerque, New Mexico. He is of Italian and Hispanic descent. He is a 1970 graduate of Del Norte High School, a 1974 graduate of Eastern New Mexico University with a Bachelor's Degree in Business Administration and a 1977 graduate of St. Mary's School of Law, San Antonio, Texas. Pete has a 40 year history of community involvement and service as an elected and appointed official and as a practicing attorney in Albuquerque. Pete and his wife Betty Case Dinelli have been married since 1984 and they have two adult sons, Mark, who is an attorney and George, who is an Emergency Medical Technician (EMT). Pete has been a licensed New Mexico attorney since 1978. Pete has over 27 years of municipal and state government service. Pete’s service to Albuquerque has been extensive. He has been an elected Albuquerque City Councilor, serving as Vice President. He has served as a Worker’s Compensation Judge with Statewide jurisdiction. Pete has been a prosecutor for 15 years and has served as a Bernalillo County Chief Deputy District Attorney, as an Assistant Attorney General and Assistant District Attorney and as a Deputy City Attorney. For eight years, Pete was employed with the City of Albuquerque both as a Deputy City Attorney and Chief Public Safety Officer overseeing the city departments of police, fire, 911 emergency call center and the emergency operations center. While with the City of Albuquerque Legal Department, Pete served as Director of the Safe City Strike Force and Interim Director of the 911 Emergency Operations Center. Pete’s community involvement includes being a past President of the Albuquerque Kiwanis Club, past President of the Our Lady of Fatima School Board, and Board of Directors of the Albuquerque Museum Foundation.