Shown Here:
Introduced in Senate (01/16/2024)

S. 3589

To amend title 18, United States Code, to prohibit unauthorized private paramilitary activity, and for other purposes.

IN THE SENATE OF THE UNITED STATES

January 16, 2024

Mr. Markey introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to prohibit unauthorized private paramilitary activity, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the "Preventing Private Paramilitary Activity Act of 2024".

SEC. 2. Prohibition of unauthorized private paramilitary activity.

(a) In general.—Part I of title 18, United States Code, is amended by adding at the end the following:

"CHAPTER 125—UNAUTHORIZED PRIVATE PARAMILITARY ACTIVITY

"2741. Definitions.
"2742. Unauthorized private paramilitary activity.
"2743. Preemption.
"2744. Civil remedies.

"§ 2741. Definitions

"In this chapter:

"(1) AMMUNITION.—The term 'ammunition' has the meaning given the term in section 921(a).

"(2) ARMED FORCES.—The term 'armed forces' has the meaning given the term in section 101 of title 10.

"(3) DANGEROUS WEAPON.—The term 'dangerous weapon' has the meaning given the term in section 930(g).

"(4) EXPLOSIVE OR INCENDIARY DEVICE.—The term 'explosive or incendiary device' has the meaning given the term in section 232.

"(5) FIREARM.—The term 'firearm' has the meaning given the term in section 921(a).

"(6) LARGE CAPACITY AMMUNITION FEEDING DEVICE.—The term 'large capacity ammunition feeding device'—

"(A) means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; and

"(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

"(7) NATIONAL GUARD.—The term 'National Guard' has the meaning given that term in section 101(c) of title 10 and section 101 of title 32.

"(8) PERSON.—The term 'person' means any individual, partnership, corporation, company, association, firm, society, organization, or governmental entity, whether incorporated or unincorporated.

"(9) PRIVATE PARAMILITARY ORGANIZATION.—The term 'private paramilitary organization' means any group of 3 or more persons associating under a command structure for the purpose of functioning in public or training to function in public as a combat, combat support, law enforcement, or security services unit.

"(10) REGULARLY ORGANIZED STATE MILITIA.—The term 'regularly organized State militia' includes a defense force authorized under section 109(c) of title 32.

"(11) STATE.—The term 'State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

"§ 2742. Unauthorized private paramilitary activity

"(a) Offense.—It shall be unlawful to knowingly, in a circumstance described in subsection (b), while acting as part of or on behalf of a private paramilitary organization and armed with a firearm, explosive or incendiary device, or other dangerous weapon—

"(1) publically patrol, drill, or engage in techniques capable of causing bodily injury or death;

"(2) interfere with, interrupt, or attempt to interfere with or interrupt government operations or a government proceeding;

"(3) interfere with or intimidate another person in that person's exercise of any right under the Constitution of the United States;

"(4) assume the functions of a law enforcement officer, peace officer, or public official, whether or not acting under color of law, and thereby assert authority or purport to assert authority over another person without the consent of that person; or

"(5) train to engage in any activity described in paragraphs (1) through (4).

"(b) Circumstances.—The circumstances described in this subsection are that the conduct described in subsection (a)—

"(1) involves—

"(A) travel across a State line or national border; or

"(B) the use of the channels, facilities, or instrumentalities of interstate or foreign commerce;

"(2) involves a firearm, explosive or incendiary device, or dangerous weapon that has traveled in interstate or foreign commerce;

"(3) involves the use of ammunition or a large capacity ammunition feeding device that has traveled in interstate or foreign commerce;

"(4) obstructs, delays, or affects interstate or foreign commerce; or

"(5) occurs wholly within any commonwealth, territory, or possession of the United States.

"(c) Exceptions.—Subsection (a) shall not apply to—

"(1) the armed forces of the United States, the National Guard, the Naval Militia, any regularly organized State militia, or any unorganized or reserve militia called into service by a State or the United States;

"(2) a group of individuals who—

"(A) associate as a military organization solely for purposes of historical reenactment or study; or

"(B) parade in public as part of a bona fide veterans organization with no intent to engage in the activities prohibited by subsection (a);

"(3) students in an educational institution authorized by the Federal Government or a State to teach military science as a prescribed part of the course of instruction, when under the supervision of a military instructor; or

"(4) members of an organization that is authorized under Federal or State law to provide paramilitary, law enforcement, or security services training or to engage in paramilitary activity, law enforcement, or security services when performing the functions authorized by law and, in the case of paramilitary activity and law enforcement functions, when under the direction and control of a governmental authority.

"(d) Penalty.—Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 1 year, or both, except that—

"(1) in the case of a violation that does not result in bodily injury and is committed by a person who has not, prior to the commission of the violation, been convicted of violating a Federal or State law, the person may be sentenced to probation for a term of not more than 1 year;

"(2) in the case of a violation that occurs after a prior conviction under this section has become final, the person shall be fined under this title, imprisoned for not more than 2 years, or both;

"(3) in the case of a violation that results in damage to property, the person shall be fined under this title, imprisoned for not more than 2 years, or both; and

"(4) in the case of a violation that results in—

"(A) bodily injury, the person shall be fined under this title, imprisoned for not more than 5 years, or both; or

"(B) death, the person shall be fined under this title and imprisoned for any term of years or for life.

"(e) Forfeiture.—

"(1) IN GENERAL.—Any person who violates subsection (a) shall forfeit to the United States any property, personal or real, involved in, used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, the violation, or that constitutes or is derived from proceeds traceable to the violation.

"(2) PROCEDURES.—Section 413 of the Controlled Substances Act (21 U.S.C. 853), with the exception of subsections (a) and (d), shall apply to the criminal forfeiture of property pursuant to this subsection.

"(f) Rule of construction.—Nothing in this section shall be construed to preclude a violation of subsection (a) being committed by a person acting separately from the other members of the private paramilitary organization, provided that the violation is committed in furtherance of or in coordination with the actions of the other members.

"§ 2743. Preemption

"Nothing in this chapter shall be construed as indicating an intent on the part of Congress to occupy the field in which any provisions of the chapter operate to the exclusion of State or local laws on the same subject matter, nor shall any provision of this chapter be construed to invalidate any provision of State law unless the provision of State law is inconsistent with any of the purposes of this chapter.

"§ 2744. Civil remedies

"(a) Public right of action.—Whenever the Attorney General has reasonable cause to believe that any person or group of persons has engaged in or is about to engage in any act prohibited by section 2742, the Attorney General may bring a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, in an appropriate district court of the United States.

"(b) Private right of action.—Any person injured as a result of any violation of section 2742 may bring a civil action, individually or jointly with other aggrieved persons, in an appropriate district court of the United States for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, or for damages incurred as a result of any violation of section 2742, including reasonable attorney fees and costs.

"(c) Forfeiture.—Any property subject to forfeiture pursuant to section 2742 may be forfeited to the United States in a civil case in accordance with the procedures set forth in chapter 46.".

(b) Clerical amendment.—The table of chapters for part I of title 18, United States Code, is amended by adding at the end the following:

"125. Unauthorized Private Paramilitary Activity 2741".