a real interesting read with far ranging effects

Discussion in 'General Discussion' started by bebop, Mar 21, 2013.


  1. bebop

    bebop My Maggie

  2. tacmotusn

    tacmotusn Mosquito Sailor

    What a crock of crap. This is about Registration of Organizations.
    .
    18 USC § 2386 - Registration of certain organizations
    .
    USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.
    Current through Pub. L. 112-283. (See Public Laws for the current Congress.)
    .
    (A)For the purposes of this section:
    “Attorney General” means the Attorney General of the United States;
    “Organization” means any group, club, league, society, committee, association, political party, or combination of individuals, whether incorporated or otherwise, but such term shall not include any corporation, association, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes;
    “Political activity” means any activity the purpose or aim of which, or one of the purposes or aims of which, is the control by force or overthrow of the Government of the United States or a political subdivision thereof, or any State or political subdivision thereof;
    An organization is engaged in “civilian military activity” if:
    (1)it gives instruction to, or prescribes instruction for, its members in the use of firearms or other weapons or any substitute therefor, or military or naval science; or
    (2)it receives from any other organization or from any individual instruction in military or naval science; or
    (3)it engages in any military or naval maneuvers or activities; or
    (4)it engages, either with or without arms, in drills or parades of a military or naval character; or
    (5)it engages in any other form of organized activity which in the opinion of the Attorney General constitutes preparation for military action;
    An organization is “subject to foreign control” if:
    (a)it solicits or accepts financial contributions, loans, or support of any kind, directly or indirectly, from, or is affiliated directly or indirectly with, a foreign government or a political subdivision thereof, or an agent, agency, or instrumentality of a foreign government or political subdivision thereof, or a political party in a foreign country, or an international political organization; or
    (b)its policies, or any of them, are determined by or at the suggestion of, or in collaboration with, a foreign government or political subdivision thereof, or an agent, agency, or instrumentality of a foreign government or a political subdivision thereof, or a political party in a foreign country, or an international political organization.
    (B)
    (1)The following organizations shall be required to register with the Attorney General:
    Every organization subject to foreign control which engages in political activity;
    Every organization which engages both in civilian military activity and in political activity;
    Every organization subject to foreign control which engages in civilian military activity; and
    Every organization, the purpose or aim of which, or one of the purposes or aims of which, is the establishment, control, conduct, seizure, or overthrow of a government or subdivision thereof by the use of force, violence, military measures, or threats of any one or more of the foregoing.
    Every such organization shall register by filing with the Attorney General, on such forms and in such detail as the Attorney General may by rules and regulations prescribe, a registration statement containing the information and documents prescribed in subsection (B)(3) and shall within thirty days after the expiration of each period of six months succeeding the filing of such registration statement, file with the Attorney General, on such forms and in such detail as the Attorney General may by rules and regulations prescribe, a supplemental statement containing such information and documents as may be necessary to make the information and documents previously filed under this section accurate and current with respect to such preceding six months’ period. Every statement required to be filed by this section shall be subscribed, under oath, by all of the officers of the organization.
    (2)This section shall not require registration or the filing of any statement with the Attorney General by:
    (a)The armed forces of the United States; or
    (b)The organized militia or National Guard of any State, Territory, District, or possession of the United States; or
    (c)Any law-enforcement agency of the United States or of any Territory, District or possession thereof, or of any State or political subdivision of a State, or of any agency or instrumentality of one or more States; or
    (d)Any duly established diplomatic mission or consular office of a foreign government which is so recognized by the Department of State; or
    (e)Any nationally recognized organization of persons who are veterans of the armed forces of the United States, or affiliates of such organizations.
    (3)Every registration statement required to be filed by any organization shall contain the following information and documents:
    (a)The name and post-office address of the organization in the United States, and the names and addresses of all branches, chapters, and affiliates of such organization;
    (b)The name, address, and nationality of each officer, and of each person who performs the functions of an officer, of the organization, and of each branch, chapter, and affiliate of the organization;
    (c)The qualifications for membership in the organization;
    (d)The existing and proposed aims and purposes of the organization, and all the means by which these aims or purposes are being attained or are to be attained;
    (e)The address or addresses of meeting places of the organization, and of each branch, chapter, or affiliate of the organization, and the times of meetings;
    (f)The name and address of each person who has contributed any money, dues, property, or other thing of value to the organization or to any branch, chapter, or affiliate of the organization;
    (g)A detailed statement of the assets of the organization, and of each branch, chapter, and affiliate of the organization, the manner in which such assets were acquired, and a detailed statement of the liabilities and income of the organization and of each branch, chapter, and affiliate of the organization;
    (h)A detailed description of the activities of the organization, and of each chapter, branch, and affiliate of the organization;
    (i)A description of the uniforms, badges, insignia, or other means of identification prescribed by the organization, and worn or carried by its officers or members, or any of such officers or members;
    (j)A copy of each book, pamphlet, leaflet, or other publication or item of written, printed, or graphic matter issued or distributed directly or indirectly by the organization, or by any chapter, branch, or affiliate of the organization, or by any of the members of the organization under its authority or within its knowledge, together with the name of its author or authors and the name and address of the publisher;
    (k)A description of all firearms or other weapons owned by the organization, or by any chapter, branch, or affiliate of the organization, identified by the manufacturer’s number thereon;
    (l)In case the organization is subject to foreign control, the manner in which it is so subject;
    (m)A copy of the charter, articles of association, constitution, bylaws, rules, regulations, agreements, resolutions, and all other instruments relating to the organization, powers, and purposes of the organization and to the powers of the officers of the organization and of each chapter, branch, and affiliate of the organization; and
    (n)Such other information and documents pertinent to the purposes of this section as the Attorney General may from time to time require.
    All statements filed under this section shall be public records and open to public examination and inspection at all reasonable hours under such rules and regulations as the Attorney General may prescribe.
    (C)The Attorney General is authorized at any time to make, amend, and rescind such rules and regulations as may be necessary to carry out this section, including rules and regulations governing the statements required to be filed.
    (D)Whoever violates any of the provisions of this section shall be fined under this title or imprisoned not more than five years, or both.
    Whoever in a statement filed pursuant to this section willfully makes any false statement or willfully omits to state any fact which is required to be stated, or which is necessary to make the statements made not misleading, shall be fined under this title or imprisoned not more than five years, or both.


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    (A)For the purposes of this section:
    “Attorney General” means the Attorney General of the United States;
    “Organization” means any group, club, league, society, committee, association, political party, or combination of individuals, whether incorporated or otherwise, but such term shall not include any corporation, association, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes;
    “Political activity” means any activity the purpose or aim of which, or one of the purposes or aims of which, is the control by force or overthrow of the Government of the United States or a political subdivision thereof, or any State or political subdivision thereof;
    An organization is engaged in “civilian military activity” if:
    (1)it gives instruction to, or prescribes instruction for, its members in the use of firearms or other weapons or any substitute therefor, or military or naval science; or
    (2)it receives from any other organization or from any individual instruction in military or naval science; or
    (3)it engages in any military or naval maneuvers or activities; or
    (4)it engages, either with or without arms, in drills or parades of a military or naval character; or
    (5)it engages in any other form of organized activity which in the opinion of the Attorney General constitutes preparation for military action;
    An organization is “subject to foreign control” if:
    (a)it solicits or accepts financial contributions, loans, or support of any kind, directly or indirectly, from, or is affiliated directly or indirectly with, a foreign government or a political subdivision thereof, or an agent, agency, or instrumentality of a foreign government or political subdivision thereof, or a political party in a foreign country, or an international political organization; or
    (b)its policies, or any of them, are determined by or at the suggestion of, or in collaboration with, a foreign government or political subdivision thereof, or an agent, agency, or instrumentality of a foreign government or a political subdivision thereof, or a political party in a foreign country, or an international political organization.
    (B)
    (1)The following organizations shall be required to register with the Attorney General:
    Every organization subject to foreign control which engages in political activity;
    Every organization which engages both in civilian military activity and in political activity;
    Every organization subject to foreign control which engages in civilian military activity; and
    Every organization, the purpose or aim of which, or one of the purposes or aims of which, is the establishment, control, conduct, seizure, or overthrow of a government or subdivision thereof by the use of force, violence, military measures, or threats of any one or more of the foregoing.
    Every such organization shall register by filing with the Attorney General, on such forms and in such detail as the Attorney General may by rules and regulations prescribe, a registration statement containing the information and documents prescribed in subsection (B)(3) and shall within thirty days after the expiration of each period of six months succeeding the filing of such registration statement, file with the Attorney General, on such forms and in such detail as the Attorney General may by rules and regulations prescribe, a supplemental statement containing such information and documents as may be necessary to make the information and documents previously filed under this section accurate and current with respect to such preceding six months’ period. Every statement required to be filed by this section shall be subscribed, under oath, by all of the officers of the organization.
    (2)This section shall not require registration or the filing of any statement with the Attorney General by:
    (a)The armed forces of the United States; or
    (b)The organized militia or National Guard of any State, Territory, District, or possession of the United States; or
    (c)Any law-enforcement agency of the United States or of any Territory, District or possession thereof, or of any State or political subdivision of a State, or of any agency or instrumentality of one or more States; or
    (d)Any duly established diplomatic mission or consular office of a foreign government which is so recognized by the Department of State; or
    (e)Any nationally recognized organization of persons who are veterans of the armed forces of the United States, or affiliates of such organizations.
    (3)Every registration statement required to be filed by any organization shall contain the following information and documents:
    (a)The name and post-office address of the organization in the United States, and the names and addresses of all branches, chapters, and affiliates of such organization;
    (b)The name, address, and nationality of each officer, and of each person who performs the functions of an officer, of the organization, and of each branch, chapter, and affiliate of the organization;
    (c)The qualifications for membership in the organization;
    (d)The existing and proposed aims and purposes of the organization, and all the means by which these aims or purposes are being attained or are to be attained;
    (e)The address or addresses of meeting places of the organization, and of each branch, chapter, or affiliate of the organization, and the times of meetings;
    (f)The name and address of each person who has contributed any money, dues, property, or other thing of value to the organization or to any branch, chapter, or affiliate of the organization;
    (g)A detailed statement of the assets of the organization, and of each branch, chapter, and affiliate of the organization, the manner in which such assets were acquired, and a detailed statement of the liabilities and income of the organization and of each branch, chapter, and affiliate of the organization;
    (h)A detailed description of the activities of the organization, and of each chapter, branch, and affiliate of the organization;
    (i)A description of the uniforms, badges, insignia, or other means of identification prescribed by the organization, and worn or carried by its officers or members, or any of such officers or members;
    (j)A copy of each book, pamphlet, leaflet, or other publication or item of written, printed, or graphic matter issued or distributed directly or indirectly by the organization, or by any chapter, branch, or affiliate of the organization, or by any of the members of the organization under its authority or within its knowledge, together with the name of its author or authors and the name and address of the publisher;
    (k)A description of all firearms or other weapons owned by the organization, or by any chapter, branch, or affiliate of the organization, identified by the manufacturer’s number thereon;
    (l)In case the organization is subject to foreign control, the manner in which it is so subject;
    (m)A copy of the charter, articles of association, constitution, bylaws, rules, regulations, agreements, resolutions, and all other instruments relating to the organization, powers, and purposes of the organization and to the powers of the officers of the organization and of each chapter, branch, and affiliate of the organization; and
    (n)Such other information and documents pertinent to the purposes of this section as the Attorney General may from time to time require.
    All statements filed under this section shall be public records and open to public examination and inspection at all reasonable hours under such rules and regulations as the Attorney General may prescribe.
    (C)The Attorney General is authorized at any time to make, amend, and rescind such rules and regulations as may be necessary to carry out this section, including rules and regulations governing the statements required to be filed.
    (D)Whoever violates any of the provisions of this section shall be fined under this title or imprisoned not more than five years, or both.
    Whoever in a statement filed pursuant to this section willfully makes any false statement or willfully omits to state any fact which is required to be stated, or which is necessary to make the statements made not misleading, shall be fined under this title or imprisoned not more than five years, or both.


    Source

    (June 25, 1948, ch. 645, 62 Stat. 808; Pub. L. 103–322, title XXXIII, § 330016(1)(I), (L),Sept. 13, 1994, 108 Stat. 2147.)
    Historical and Revision Notes

    Based on title 18, U.S.C., 1940 ed., §§ 14–17 (Oct. 17, 1940, ch. 897, §§ 1–4,54 Stat. 1201–1204).
    Section consolidates sections 14–17 of title 18, U.S.C., 1940 ed., as subsections (a), (b), (c), and (d), respectively, of this section, with necessary changes of phraseology and translation of section references.
    Words “upon conviction” which preceded “be subject” were omitted as surplusage, as punishment cannot otherwise be imposed.
    Amendments

    1994—Pub. L. 103–322substituted “fined under this title” for “fined not more than $10,000” in penultimate par. and for “fined not more than $2,000” in last par.


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    28 CFR - Judicial Administration
    28 CFR 10 - REGISTRATION OF CERTAIN ORGANIZATIONS CARRYING ON ACTIVITIES WITHIN THE UNITED STATES
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  3. bebop

    bebop My Maggie

    i know but if you have "friends" that your showing how to use a weapon correctly the way i read this is they could make you register your group
     
  4. tacmotusn

    tacmotusn Mosquito Sailor

    Sorry I didn't make myself clear. I meant this proposed law or whatever is not a good thing. There are several exceptions listed, but still as you say they are trying to get a handle on any groups not so excepted.
     
  5. bebop

    bebop My Maggie

    that's ok i knew what you meant. i was trying to put in laymans terms, we are tree buds after all
     
  6. kellory

    kellory An unemployed Jester, is nobody's fool. Banned

    "Tree buds?" You mean like....nuts?:D
     
  7. bebop

    bebop My Maggie

    ABSOLUTELY
     
    kellory likes this.
  8. Akheloce

    Akheloce Monkey++

    you have to be doing "military training AND be politically acting to overthrow the govt.

    I don't like the far reach possible with this law, but it's not quite as far reaching as it appears on the outset.
     
  9. bebop

    bebop My Maggie

    I understand what your saying BUT section A (1) is what gets me the most or i'm just reading to much into it.
     
  10. Akheloce

    Akheloce Monkey++

    B 1 line three says that both have to be done in order to need to register. A1 by itself is not enough to require registering.
     
  11. bebop

    bebop My Maggie

    ooooh ok i understand.... thanks
     
  12. HK_User

    HK_User A Productive Monkey is a Happy Monkey Site Supporter

  13. HK_User

    HK_User A Productive Monkey is a Happy Monkey Site Supporter

    I disagree, it is designed to take away the right to assemble. Forget the add ons about regs or overthrow of the gov.
     
    bebop likes this.
  14. Akheloce

    Akheloce Monkey++

    For the record, the part we are discussing is original to the law. It's called the Voorhis Act. It was signed into law in 1940. Jerry Voorhis was an anti-subversion Un-Amercan Committee type.
     
  15. Yard Dart

    Yard Dart Vigilant Monkey..... Moderator Site Supporter++

    I agree with your interpretation that both activities have to exist for the law to apply- but with government over-reach, they will use this law beyond it's legal interpretation to hammer a group they feel is a threat to their power. By the time the appeals process took place, up to the Supreme Court review and subsequently tossed out any potential conviction, you will have been rotting in a cell for a long time.

    I also agree with HK that this is just another tool to circumvent our right to assemble!!
     
    HK_User and bebop like this.
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