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This entry was published on 2014-09-22
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SECTION 240
Military parades and organizations by unauthorized bodies prohibited
Military (MIL) CHAPTER 36, ARTICLE 11
§ 240. Military parades and organizations by unauthorized bodies
prohibited. 1. No body of men other than the organized militia and the
armed forces of the United States except such independent military
organizations as were on the twenty-third day of April, eighteen
eighty-three and now are in existence and such other organizations as
may be formed under the provisions of this chapter, shall associate
themselves together as a military company or other unit or parade in
public with firearms in any city or town of this state.

2. No municipal corporation shall raise or appropriate any money
toward arming or equipping, uniforming or in any other way supporting,
sustaining or providing drill rooms or armories for any such body of
men.

3. No body of men shall be granted a certificate of incorporation
under any corporate name which shall mislead, or tend to mislead, any
person into believing that such corporation is connected with or
attached to the organized militia or any unit thereof in any capacity or
way whatsoever. In case any such certificate has been heretofore or may
hereafter be granted, which in the judgment of the adjutant general,
misleads or tends to mislead anyone into believing that such corporation
is so connected or attached in any capacity or way whatsoever, the
adjutant general shall notify such corporation, in writing, to forthwith
discontinue the use of its said corporate name and forthwith take the
necessary steps to change its name pursuant to the statute in such case
made and provided, to some name not so calculated to mislead. In the
event such proceedings are not forthwith taken and completed within six
months from the service of said notice, the attorney general shall bring
an action to procure a judgment vacating or annulling the act of
incorporation of such corporation, or any act renewing the corporation,
or continuing its corporate existence or annulling the existence of such
corporation.

4. Associations wholly composed of soldiers honorably discharged from
the service of the United States, or members of the order of Sons of
Veterans, may parade in public with firearms on Memorial day, or on May
first, known as Dewey day, or upon the reception of any unit of the
organized militia or of the armed forces of the United States returning
from duty or from the active military service of the United States, and
for the purpose of escort duty at the burial of deceased members or
former members of the organized militia or the armed forces of the
United States. Students in educational institutions where military
science is a prescribed part of the course of instruction, and cadet
organizations composed of youths under eighteen years of age, under
responsible instructors, may, with the consent of the adjutant general,
drill and parade with firearms in public under the superintendence of
their instructors.

5. Any person violating any provision of subdivisions one through four
of this section shall be guilty of a misdemeanor.

6. (a) Any person who assembles or conspires to assemble with one or
more persons as a paramilitary organization and has knowledge of its
purpose is guilty of a class C felony when he, with one or more other
members of such organization, practices with a military weapon in order
to further the purpose of such organization.

(b) As used in this subdivision: (i) "paramilitary organization" means
an organization of two or more persons who engage or conspire to engage
in military instruction or training in warfare or sabotage for the
purpose of unlawfully causing physical injury to any person or
unlawfully damaging the property of any person.

(ii) "Military weapon" means any device capable of discharging a
projectile by means of a gas generated from an explosive compound, or
any explosive or incendiary bomb, grenade, rocket, missile, or similar
device or launching device therefor; or any device that simulates any of
the foregoing.

7. This section shall not be construed to prevent any organization
authorized to do so by law from parading with firearms, nor to prevent
parades by the organized militia of any other state.