Frederick, MD asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Maryland

Q: I read all that, but I am looking for a clear definition of "organized militia"

I read this, but request definition clarification, please:

§ 13-214. Prohibitions

(a) Except for the units of the organized militia and the troops of the United States, a body of persons may not associate as a military company or organization or parade in public as a military company or organization without the permission of the Governor.

1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Maryland law defines two legal types of militia under the Public Safety Article 13-202. ALL other bodies of persons organized as a military company or organization are prohibited from acting in violation of the provisions you have cited to n 13-204. That’s it. There is no need to further define “militia” in this context or any other. Either the militia is legal under 13-202 or it’s not. That’s the end of it. There is no law that says you can not organize and call your group a militia, so long as your group does not violate the statutory language prohibiting certain acts.

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