II 

118TH CONGRESS 

2D SESSION 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preventing Private 

5 Paramilitary Activity Act of 2024’’. 

6 SEC. 2. PROHIBITION OF UNAUTHORIZED PRIVATE PARA7 MILITARY ACTIVITY. 

8 (a) IN GENERAL.—Part I of title 18, United States 

9 Code, is amended by adding at the end the following: 


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1 ‘‘CHAPTER 125—UNAUTHORIZED PRIVATE 

2 PARAMILITARY ACTIVITY 

‘‘2741. Definitions. 

‘‘2742. Unauthorized private paramilitary activity. 

‘‘2743. Preemption. 

‘‘2744. Civil remedies. 

3 ‘‘§ 2741. Definitions 

4 ‘‘In this chapter: 

5 ‘‘(1) AMMUNITION.—The term ‘ammunition’ 

6 has the meaning given the term in section 921(a). 

7 ‘‘(2) ARMED FORCES.—The term ‘armed forces’ 

8 has the meaning given the term in section 101 of 

9 title 10. 

10 ‘‘(3) DANGEROUS WEAPON.—The term ‘dan11 gerous weapon’ has the meaning given the term in 

12 section 930(g). 

13 ‘‘(4) EXPLOSIVE OR INCENDIARY DEVICE.—The 

14 term ‘explosive or incendiary device’ has the mean15 ing given the term in section 232. 

16 ‘‘(5) FIREARM.—The term ‘firearm’ has the 

17 meaning given the term in section 921(a). 

18 ‘‘(6) LARGE CAPACITY AMMUNITION FEEDING

19 DEVICE.—The term ‘large capacity ammunition 

20 feeding device’— 

21 ‘‘(A) means a magazine, belt, drum, feed 

22 strip, or similar device that has a capacity of, 

23 or that can be readily restored or converted to 


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1 accept, more than 10 rounds of ammunition; 

2 and 

3 ‘‘(B) does not include an attached tubular 

4 device designed to accept, and capable of oper5 ating only with, .22 caliber rimfire ammunition. 

6 ‘‘(7) NATIONAL GUARD.—The term ‘National 

7 Guard’ has the meaning given that term in section 

8 101(c) of title 10 and section 101 of title 32. 

9 ‘‘(8) PERSON.—The term ‘person’ means any 

10 individual, partnership, corporation, company, asso11 ciation, firm, society, organization, or governmental 

12 entity, whether incorporated or unincorporated. 

13 ‘‘(9) PRIVATE PARAMILITARY ORGANIZATION.— 

14 The term ‘private paramilitary organization’ means 

15 any group of 3 or more persons associating under a 

16 command structure for the purpose of functioning in 

17 public or training to function in public as a combat, 

18 combat support, law enforcement, or security serv19 ices unit. 

20 ‘‘(10) REGULARLY ORGANIZED STATE MILI21 TIA.—The term ‘regularly organized State militia’ 

22 includes a defense force authorized under section 

23 109(c) of title 32. 

24 ‘‘(11) STATE.—The term ‘State’ means a State 

25 of the United States, the District of Columbia, and 


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1 any commonwealth, territory, or possession of the 

2 United States. 

3 ‘‘§ 2742. Unauthorized private paramilitary activity 

4 ‘‘(a) OFFENSE.—It shall be unlawful to knowingly, 

5 in a circumstance described in subsection (b), while acting 

6 as part of or on behalf of a private paramilitary organiza7 tion and armed with a firearm, explosive or incendiary de8 vice, or other dangerous weapon— 

9 ‘‘(1) publically patrol, drill, or engage in tech10 niques capable of causing bodily injury or death; 

11 ‘‘(2) interfere with, interrupt, or attempt to 

12 interfere with or interrupt government operations or 

13 a government proceeding; 

14 ‘‘(3) interfere with or intimidate another person 

15 in that person’s exercise of any right under the Con16 stitution of the United States; 

17 ‘‘(4) assume the functions of a law enforcement 

18 officer, peace officer, or public official, whether or 

19 not acting under color of law, and thereby assert au20 thority or purport to assert authority over another 

21 person without the consent of that person; or 

22 ‘‘(5) train to engage in any activity described in 

23 paragraphs (1) through (4). 


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1 ‘‘(b) CIRCUMSTANCES.—The circumstances described 

2 in this subsection are that the conduct described in sub3 section (a)— 

4 ‘‘(1) involves— 

5 ‘‘(A) travel across a State line or national 

6 border; or 

7 ‘‘(B) the use of the channels, facilities, or 

8 instrumentalities of interstate or foreign com9 merce; 

10 ‘‘(2) involves a firearm, explosive or incendiary 

11 device, or dangerous weapon that has traveled in 

12 interstate or foreign commerce; 

13 ‘‘(3) involves the use of ammunition or a large 

14 capacity ammunition feeding device that has traveled 

15 in interstate or foreign commerce; 

16 ‘‘(4) obstructs, delays, or affects interstate or 

17 foreign commerce; or 

18 ‘‘(5) occurs wholly within any commonwealth, 

19 territory, or possession of the United States. 

20 ‘‘(c) EXCEPTIONS.—Subsection (a) shall not apply 

21 to— 

22 ‘‘(1) the armed forces of the United States, the 

23 National Guard, the Naval Militia, any regularly or24 ganized State militia, or any unorganized or reserve 


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1 militia called into service by a State or the United 

2 States; 

3 ‘‘(2) a group of individuals who— 

4 ‘‘(A) associate as a military organization 

5 solely for purposes of historical reenactment or 

6 study; or 

7 ‘‘(B) parade in public as part of a bona 

8 fide veterans organization with no intent to en9 gage in the activities prohibited by subsection 

10 (a); 

11 ‘‘(3) students in an educational institution au12 thorized by the Federal Government or a State to 

13 teach military science as a prescribed part of the 

14 course of instruction, when under the supervision of 

15 a military instructor; or 

16 ‘‘(4) members of an organization that is author17 ized under Federal or State law to provide para18 military, law enforcement, or security services train19 ing or to engage in paramilitary activity, law en20 forcement, or security services when performing the 

21 functions authorized by law and, in the case of para22 military activity and law enforcement functions, 

23 when under the direction and control of a govern24 mental authority. 


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1 ‘‘(d) PENALTY.—Any person who violates subsection 

2 (a) shall be fined under this title, imprisoned for not more 

3 than 1 year, or both, except that— 

4 ‘‘(1) in the case of a violation that does not re5 sult in bodily injury and is committed by a person 

6 who has not, prior to the commission of the viola7 tion, been convicted of violating a Federal or State 

8 law, the person may be sentenced to probation for 

9 a term of not more than 1 year; 

10 ‘‘(2) in the case of a violation that occurs after 

11 a prior conviction under this section has become 

12 final, the person shall be fined under this title, im13 prisoned for not more than 2 years, or both; 

14 ‘‘(3) in the case of a violation that results in 

15 damage to property, the person shall be fined under 

16 this title, imprisoned for not more than 2 years, or 

17 both; and 

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

19 ‘‘(A) bodily injury, the person shall be 

20 fined under this title, imprisoned for not more 

21 than 5 years, or both; or 

22 ‘‘(B) death, the person shall be fined under 

23 this title and imprisoned for any term of years 

24 or for life. 

25 ‘‘(e) FORFEITURE.— 


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1 ‘‘(1) IN GENERAL.—Any person who violates 

2 subsection (a) shall forfeit to the United States any 

3 property, personal or real, involved in, used, or in4 tended to be used, in any manner or part, to com5 mit, or to facilitate the commission of, the violation, 

6 or that constitutes or is derived from proceeds trace7 able to the violation. 

8 ‘‘(2) PROCEDURES.—Section 413 of the Con9 trolled Substances Act (21 U.S.C. 853), with the ex10 ception of subsections (a) and (d), shall apply to the 

11 criminal forfeiture of property pursuant to this sub12 section. 

13 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec14 tion shall be construed to preclude a violation of sub15 section (a) being committed by a person acting separately 

16 from the other members of the private paramilitary orga17 nization, provided that the violation is committed in fur18 therance of or in coordination with the actions of the other 

19 members. 

20 ‘‘§ 2743. Preemption 

21 ‘‘Nothing in this chapter shall be construed as indi22 cating an intent on the part of Congress to occupy the 

23 field in which any provisions of the chapter operate to the 

24 exclusion of State or local laws on the same subject mat25 ter, nor shall any provision of this chapter be construed 


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1 to invalidate any provision of State law unless the provi2 sion of State law is inconsistent with any of the purposes 

3 of this chapter. 

4 ‘‘§ 2744. Civil remedies 

5 ‘‘(a) PUBLIC RIGHT OF ACTION.—Whenever the At6 torney General has reasonable cause to believe that any 

7 person or group of persons has engaged in or is about 

8 to engage in any act prohibited by section 2742, the Attor9 ney General may bring a civil action for preventive relief, 

10 including an application for a permanent or temporary in11 junction, restraining order, or other order, in an appro12 priate district court of the United States. 

13 ‘‘(b) PRIVATE RIGHT OF ACTION.—Any person in14 jured as a result of any violation of section 2742 may 

15 bring a civil action, individually or jointly with other ag16 grieved persons, in an appropriate district court of the 

17 United States for preventive relief, including an applica18 tion for a permanent or temporary injunction, restraining 

19 order, or other order, or for damages incurred as a result 

20 of any violation of section 2742, including reasonable at21 torney fees and costs. 

22 ‘‘(c) FORFEITURE.—Any property subject to for23 feiture pursuant to section 2742 may be forfeited to the 

24 United States in a civil case in accordance with the proce25 dures set forth in chapter 46.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of chapters 

2 for part I of title 18, United States Code, is amended by 

3 adding at the end the following: 

‘‘125. Unauthorized Private Paramilitary Activity .............. 2741’’. 

Æ 


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