,,ii #aahth ,,congress #b;d ,session ,s4 #cehi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #af1 #bjbd,mr4 ,markey introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to prohibit unauthorized private paramilitary activity1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,preventing ,private ,paramilitary ,activity ,act of #bjbd4 #b4 ,prohibition of unauthorized private paramilitary activity 7a7 ,in general ,part ,i of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #abe ,unauthorized ,private ,paramilitary ,activity #bgda4 ,definitions4#bgdb4 ,unauthorized private paramilitary activity4#bgdc4 ,preemption4#bgdd4 ,civil remedies4 #bgda4 ,definitions ,in this chapter3 7#a7 ,ammunition ,the term ammunition has the meaning given the term in section #iba7;a74 7#b7 ,armed forces ,the term armed forces has the meaning given the term in section #aja of title #aj4 7#c7 ,dangerous weapon ,the term dangerous weapon has the meaning given the term in section #icj7;g74 7#d7 ,explosive or incendiary device ,the term explosive or incendiary device has the meaning given the term in section #bcb4 7#e7 ,firearm ,the term firearm has the meaning given the term in section #iba7;a74 7#f7 ,large capacity ammunition feeding device ,the term large capacity ammunition feeding device-- 7,a7 means a magazine1 belt1 drum1 feed strip1 or similar device that has a capacity of1 or that can be readily restored or converted to accept1 more than #aj rounds of ammunition2 and 7,b7 does not include an attached tubular device designed to accept1 and capable of operating only with1 4#bb caliber rimfire ammunition4 7#g7 ,national ,guard ,the term ,national ,guard has the meaning given that term in section #aja7;c7 of title #aj and section #aja of title #cb4 7#h7 ,person ,the term person means any individual1 partnership1 corporation1 company1 association1 firm1 society1 organization1 or governmental entity1 whether incorporated or unincorporated4 7#i7 ,private paramilitary organization ,the term private paramilitary organization means any group of #c or more persons associating under a command structure for the purpose of functioning in public or training to function in public as a combat1 combat support1 law enforcement1 or security services unit4 7#aj7 ,regularly organized ,state militia ,the term regularly organized ,state militia includes a defense force authorized under section #aji7;c7 of title #cb4 7#aa7 ,state ,the term ,state means a ,state of the ,united ,states1 the ,district of ,columbia1 and any commonwealth1 territory1 or possession of the ,united ,states4 #bgdb4 ,unauthorized private paramilitary activity 7a7 ,offense ,it shall be unlawful to knowingly1 in a circumstance described in subsection 7b71 while acting as part of or on behalf of a private paramilitary organization and armed with a firearm1 explosive or incendiary device1 or other dangerous weapon-- 7#a7 publically patrol1 drill1 or engage in techniques capable of causing bodily injury or death2 7#b7 interfere with1 interrupt1 or attempt to interfere with or interrupt government operations or a government proceeding2 7#c7 interfere with or intimidate another person in that person's exercise of any right under the ,constitution of the ,united ,states2 7#d7 assume the functions of a law enforcement officer1 peace officer1 or public official1 whether or not acting under color of law1 and thereby assert authority or purport to assert authority over another person without the consent of that person2 or 7#e7 train to engage in any activity described in paragraphs 7#a7 through 7#d74 7b7 ,circumstances ,the circumstances described in this subsection are that the conduct described in subsection 7a7-- 7#a7 involves-- 7,a7 travel across a ,state line or national border2 or 7,b7 the use of the channels1 facilities1 or instrumentalities of interstate or foreign commerce2 7#b7 involves a firearm1 explosive or incendiary device1 or dangerous weapon that has traveled in interstate or foreign commerce2 7#c7 involves the use of ammunition or a large capacity ammunition feeding device that has traveled in interstate or foreign commerce2 7#d7 obstructs1 delays1 or affects interstate or foreign commerce2 or 7#e7 occurs wholly within any commonwealth1 territory1 or possession of the ,united ,states4 7c7 ,exceptions ,subsection 7a7 shall not apply to-- 7#a7 the armed forces of the ,united ,states1 the ,national ,guard1 the ,naval ,militia1 any regularly organized ,state militia1 or any unorganized or reserve militia called into service by a ,state or the ,united ,states2 7#b7 a group of individuals who-- 7,a7 associate as a military organization solely for purposes of historical reenactment or study2 or 7,b7 parade in public as part of a bona fide veterans organization with no intent to engage in the activities prohibited by subsection 7a72 7#c7 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 instruction1 when under the supervision of a military instructor2 or 7#d7 members of an organization that is authorized under ,federal or ,state law to provide paramilitary1 law enforcement1 or security services training or to engage in paramilitary activity1 law enforcement1 or security services when performing the functions authorized by law and1 in the case of paramilitary activity and law enforcement functions1 when under the direction and control of a governmental authority4 7d7 ,penalty ,any person who violates subsection 7a7 shall be fined under this title1 imprisoned for not more than #a year1 or both1 except that-- 7#a7 in the case of a violation that does not result in bodily injury and is committed by a person who has not1 prior to the commission of the violation1 been convicted of violating a ,federal or ,state law1 the person may be sentenced to probation for a term of not more than #a year2 7#b7 in the case of a violation that occurs after a prior conviction under this section has become final1 the person shall be fined under this title1 imprisoned for not more than #b years1 or both2 7#c7 in the case of a violation that results in damage to property1 the person shall be fined under this title1 imprisoned for not more than #b years1 or both2 and 7#d7 in the case of a violation that results in-- 7,a7 bodily injury1 the person shall be fined under this title1 imprisoned for not more than #e years1 or both2 or 7,b7 death1 the person shall be fined under this title and imprisoned for any term of years or for life4 7e7 ,forfeiture 7#a7 ,in general ,any person who violates subsection 7a7 shall forfeit to the ,united ,states any property1 personal or real1 involved in1 used1 or intended to be used1 in any manner or part1 to commit1 or to facilitate the commission of1 the violation1 or that constitutes or is derived from proceeds traceable to the violation4 7#b7 ,procedures ,section #dac of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hec71 with the exception of subsections 7a7 and 7d71 shall apply to the criminal forfeiture of property pursuant to this subsection4 7f7 ,rule of construction ,nothing in this section shall be construed to preclude a violation of subsection 7a7 being committed by a person acting separately from the other members of the private paramilitary organization1 provided that the violation is committed in furtherance of or in coordination with the actions of the other members4 #bgdc4 ,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 matter1 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 chapter4 #bgdd4 ,civil remedies 7a7 ,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 #bgdb1 the ,attorney ,general may bring a civil action for preventive relief1 including an application for a permanent or temporary injunction1 restraining order1 or other order1 in an appropriate district court of the ,united ,states4 7b7 ,private right of action ,any person injured as a result of any violation of section #bgdb may bring a civil action1 individually or jointly with other aggrieved persons1 in an appropriate district court of the ,united ,states for preventive relief1 including an application for a permanent or temporary injunction1 restraining order1 or other order1 or for damages incurred as a result of any violation of section #bgdb1 including reasonable attorney fees and costs4 7c7 ,forfeiture ,any property subject to forfeiture pursuant to section #bgdb may be forfeited to the ,united ,states in a civil case in accordance with the procedures set forth in chapter #df4 4 7b7 ,clerical amendment ,the table of chapters for part ,i of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #abe4 ,unauthorized ,private ,paramilitary ,activity#bgda 4