Earlier this week the Bernalillo County District Attorney filed a lawsuit against the New Mexico Civil Guard, a move that could lead to a ban on militia groups from organizing and operating in the Land of Enchantment. The lawsuit comes as a response to the involvement of the New Mexico Civil Guard in the June 2020 protest surrounding the removal of the Juan de Onate statue in Albuquerque’s Old Town. When the protest became heated, a Civil Guard member shot a protestor and was charged with aggravated battery in connection with the shooting.
According to KOB, the Civil Guard tried to have the lawsuit thrown out, claiming that they were only trying to break up a fight. However, Bernalillo County DA Raul Torrez stated in an interview that “For people who only view this through a partisan lens, you have to stop and think about what this means to have an armed group who walks around their community with that type of authority.” Torrez added that the Civil Guard had the right to be at the protest, but did not have the right to act as law enforcement.
The Civil Guard is counter-suing the city of Albuquerque, claiming that they were innocent in the shooting and that they were targeted by law enforcement. The eight members who showed up at the protest claimed that they moved away when one of their own, Steven Baca, started shooting. The members said that they ran to Baca and stepped on his gun.
Are supposed to pat this group on the back after stopping one of their members from shooting more people on that summer evening?
The big question about this case is: Do militia groups that exist outside of the framework of government need to obey certain laws? Should they be allowed to show up in public places fully armed with semi-automatic weapons?
Militia groups have been in existence in the US for decades, and draw their inspiration from far-right, paramilitary groups such as the Posse Comitatus and the Christian Patriots Defense League. They tend to profess extremist ideologies, such as a sovereign citizenry, limited or no taxes, and little to no government regulation. These groups see federal and state laws and regulations as a threat and tend to embrace conspiracy theories rather than science and facts.
Most of us remember the Ruby Ridge incident in Idaho, where separatist Randy Weaver and his family waged a battle for 11 days with law enforcement at a remote cabin after Weaver failed to appear in court for a weapons charge. The next year was Waco, where law enforcement seized the compound of the Branch Davidian cult that sadly ended in the deaths of civilians and children. After these two incidents, the Brady Bill (1993) was passed, as well as the Federal Assault Weapons Ban (which was allowed to expire). Then in 1995, the Oklahoma City Bombing claimed the lives of countless men, women, and children. Although Timothy McVeigh was not a member of a militia group, he was inspired by pro-militia propaganda and literature, and conspiracy theories.
According to the Southern Poverty Law Center, violent gun acts in the US declined from the late 1990s to 2000, but after 9/11, Y2K, and the election of Barack Obama, militia groups saw a resurgence. This re-birth was perhaps fueled by Democrats calling for gun regulation and the fact that we had the first African American president in our nation’s history. The Tea Party did its part to fan the flames of militia extremism, by calling the alarm on illegal immigration and gun control laws.
After the 2016 election, it seems as though all of the militia groups came out of the closet. The Trump administration and his GOP supporters on the Hill legitimized the militia philosophy of the right to bear arms, deregulation, and small government. This fact was crystal clear during the January 6 attack on the Capitol. The phlegmatic responses or outright denial from GOP members that such groups were intent on overthrowing the government are evidence of this. Militia groups have also vowed to patrol the border with Mexico, insistent on sending back illegal aliens seeking a better life in the US. In this case, these groups were aided by local law enforcement and the US. Customs and Border Patrol.
Now with COVID, mask mandates, pandemic restrictions, last summer’s BLM protests, and conspiracy theories of a stolen election, militia groups are once again rattling their sabers. Placing their absolute loyalty to Trumpism, these organizations have joined forces: The Oath Keepers, Three Percenters, and the Proud Boys. The problem is that these groups have been legitimized by not only the “former guy,” but also by existing GOP senators and house members who still to this day, claim that January 6 was just a peaceful protest.
Although some of these groups may differ in their ideology, they have one thing in common: Preparation for an existential violent threat. These members view themselves as heroes, individuals who will protect themselves and their families with their lives if needed. They see themselves as the last defenders of the social order, the last line of defense against immigrants, ANTIFA, and left-wing Democrats.
Although many militia group members may be non-violent, the concern is that their distrust of the federal government and their fanatical support of the second amendment poses an immediate threat to the safety of American citizens. Some of these individuals may have worked previously in law enforcement and the military, but the point is that they are not law enforcement, and they have no right to act as such.