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Are constitutional militias exempt from state and federal laws limiting the types of weapons they may have and use in their training exercises and operations?

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One’s answer to whether constitutional militias are exempt from state and federal laws limiting the types of weapons they can have and use depends on the person and their perspective. To help answer the question, one can draw on examples from real life. The National Guard has placed restrictions on the weapons its members can carry. In the lead-up to Joseph Biden’s inauguration in January 2021, there was concern that there would be more violence like the kind seen on January 6th. To keep things peaceful, the National Guard was sent to Washington, DC. However, National Guard members were not allowed to carry weapons, although they could wear ballistic helmets.

Many police forces in the United States have been criticized for operating like armies or militias. Like the National Guard, the police’s weapons and resources can be limited. When Barack Obama was president, he issued an order that halted the transfer of military weapons to police agencies. Once Donald Trump became president, he reversed Obama’s order.

As these two examples show, federal and state laws can limit the types of weapons available to approved military and police forces. They are not exempt from restrictions.

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