When you hear about a militia in North Carolina, your brain probably goes to one of two places. Maybe you’re thinking about Revolutionary War heroes like the "Overmountain Men" who turned the tide at King’s Mountain. Or, more likely, you’re thinking about guys in camouflage and tactical vests running drills in the woods of Alamance County or the Uwharrie National Forest.
It’s a heavy topic. Honestly, it’s one of those subjects where the legal reality and the public perception are miles apart. North Carolina has a long, gritty history with self-organized armed groups. From the Regulators of the 1760s who fought against corrupt colonial tax officials to modern-day "constitutional" militias, the state has always had this stubborn, independent streak. But here’s the thing: what people think is legal regarding private militias often isn't what the North Carolina General Statutes actually say.
People get confused because the U.S. Constitution mentions a "well-regulated militia." They think that gives them a green light to form their own private army. It doesn't. In North Carolina, the "militia" technically consists of almost every able-bodied citizen, but the catch is that it has to be under the authority of the Governor.
The Legal Reality of the Militia in North Carolina
Let’s get into the weeds of the law because that’s where things get tricky. North Carolina General Statute § 127A-1 categorizes the militia into two groups: the "organized militia" (the National Guard and the Naval Militia) and the "unorganized militia" (basically everyone else who could be called up in an emergency).
But here is the kicker.
There is a specific law—N.C. Gen. Stat. § 127A-151—that prohibits private military organizations. It literally says it’s unlawful for any body of men to associate themselves as a military company or "drill or parade with arms" without the authorization of the Governor. That’s a massive detail most people ignore. When you see a group of guys calling themselves a "militia" and running tactical drills on private land, they are often operating in a legal gray zone that leans toward the "unlawful" side if they are presenting themselves as a public military force.
Mary McCord, a former Department of Justice official and executive director of the Institute for Constitutional Advocacy and Protection (ICAP), has spent years pointing this out. She’s been involved in litigation across the country, including efforts to clarify that the Second Amendment does not protect "private" militias. In North Carolina, the state constitution actually reinforces this by stating that the "military shall be kept under strict subordination to, and governed by, the civil power."
That means if you aren't reporting to the Governor, you aren't the "militia" in the eyes of the law. You’re just a group of armed citizens.
Why the "Constitutional Militia" Argument Fails
You’ll often hear leaders of modern groups like the North Carolina Citizens Militia or various 3%er offshoots argue that they are a "constitutional militia." They claim they are a check against government tyranny.
It's a powerful narrative. It taps into that deep-seated Southern distrust of centralized power.
👉 See also: Casey Ramirez: The Small Town Benefactor Who Smuggled 400 Pounds of Cocaine
However, the U.S. Supreme Court hasn't really backed this up. Even in the Heller decision, which expanded individual gun rights, Justice Scalia noted that the Second Amendment doesn't prevent the prohibition of private paramilitary organizations. Essentially, the "militia" mentioned in the Constitution was intended to be a state-authorized body, not a "choose your own adventure" military unit.
A History of Unrest and the "Regulator" Legacy
North Carolina didn't just wake up one day and decide to be skeptical of the government. It's in the soil.
Back in the 1760s, long before the British were the primary enemy, North Carolinians were fighting each other. The War of the Regulation saw backcountry farmers in the Piedmont—men who called themselves "Regulators"—rise up against the colonial elite in New Bern. They felt the system was rigged. They hated the "courthouse rings" of corrupt lawyers and officials.
It ended bloodily at the Battle of Alamance in 1771.
While the Regulators weren't a "militia" in the official sense, they set the template for the North Carolina militia tradition: armed citizens taking matters into their own hands when they feel the state has failed them. You see echoes of this in the 19th century and again during the Civil Rights era, though for very different reasons and with very different moral outcomes.
The Rise of the Modern Paramilitary
The 1990s changed everything for North Carolina groups. The standoff at Ruby Ridge and the Waco siege acted like a lightning bolt. Suddenly, "militia" wasn't just a historical term; it was a modern movement. North Carolina became a hub for this, partly due to its high population of veterans.
When you have Fort Liberty (formerly Fort Bragg) and Camp Lejeune in your backyard, you have a lot of people with high-level tactical training. When those guys get home and feel like the political system is ignoring them, they tend to organize.
It’s not all one thing, though.
Some groups are basically just prepper clubs. They trade seeds, talk about ham radio, and practice first aid. They call themselves a militia because it sounds more serious than "disaster preparedness club." But then you have the more "active" groups. These are the ones who show up at protests or polling places. This is where the friction happens. In 2020 and 2021, we saw an uptick in these groups appearing at public events in cities like Raleigh and Graham.
✨ Don't miss: Lake Nyos Cameroon 1986: What Really Happened During the Silent Killer’s Release
The presence of an unauthorized militia in North Carolina at a public protest often creates a volatile situation. Law enforcement is usually stuck in the middle. Do they arrest them for violating § 127A-151? Usually, they don't, unless there is an immediate threat of violence, because the legal process of proving "paramilitary activity" is a massive headache for a district attorney.
Misconceptions You Probably Have
One of the biggest myths is that these groups are all "white nationalists."
Now, don't get me wrong. There is a documented crossover between some militia circles and extremist ideologies. Organizations like the Southern Poverty Law Center (SPLC) and the Anti-Defamation League (ADL) have tracked these links for decades. But if you talk to many people inside the North Carolina militia movement, they’ll tell you they aren't about race—they’re about "liberty."
You’ll find some groups that are multi-racial and focused strictly on the Second Amendment. However, the nuance is often lost because the loudest and most radical elements tend to get the most cameras on them.
Another misconception? That they are incredibly well-organized.
Actually, most of these groups are small, fragmented, and prone to "infighting." One guy wants to be the Colonel, the other guy wants to be the General, and before you know it, the group splits in two. It’s more of a decentralized network than a unified army. They communicate on apps like Telegram or Zello, but their actual "combat effectiveness" is usually more of a LARP (Live Action Role Play) than a real military threat.
But—and this is a big "but"—even unorganized groups can be dangerous if they are convinced that an "emergency" is happening. We saw that on January 6th, where individuals from various North Carolina-based groups were present and active.
What the State Can Actually Do
If private militias are technically illegal under N.C. Gen. Stat. § 127A-151, why are they still around?
It’s about enforcement.
🔗 Read more: Why Fox Has a Problem: The Identity Crisis at the Top of Cable News
North Carolina’s laws are robust, but they require political will to use. There is also an "anti-paramilitary training" statute. This law makes it a felony to teach or demonstrate the use of explosives or firearms if you know they will be used in a civil disorder.
The problem is the "intent."
How do you prove in court that a guy teaching a rifle class in a field in Davidson County "intended" for that knowledge to be used in a riot? It’s nearly impossible unless you have an undercover informant or some very incriminating social media posts.
Where Do We Go From Here?
Understanding the role of the militia in North Carolina requires looking past the tactical gear and the scary headlines. It’s a symptom of a larger cultural divide. It’s about people who feel the "organized" structures of society—the police, the courts, the government—no longer protect their interests.
If you're looking for actionable insights on how to navigate this landscape, whether as a concerned citizen or someone interested in the history, keep these points in mind:
Know the distinction between "Open Carry" and "Paramilitary Activity."
In North Carolina, you have a right to openly carry a firearm in many places. However, that right does not extend to coordinating as a military unit. If you see a group of people moving in formations, using hand signals, and acting as a security force, they have likely crossed the line into illegal paramilitary territory under state law.
Local government has more power than they think.
Towns and cities in NC can use zoning laws and public assembly ordinances to limit the impact of armed groups. They can’t ban guns in public parks entirely because of state preemption laws, but they can certainly enforce laws against "going armed to the terror of the people"—an old common law offense that still carries weight in North Carolina.
Check the sources.
If you're following news about these groups, look for reports from local journalists who actually spend time in these rural communities. National outlets tend to parachute in and miss the local dynamics. Real expert analysis often comes from places like the UNC School of Government, which provides non-partisan breakdowns of how these state statutes actually work.
Engage with the "Unorganized Militia" concept correctly.
If you're a gun owner who wants to be prepared for an emergency, the legal way to do that in North Carolina is through CERT (Community Emergency Response Teams) or by volunteering with your local Sheriff’s office. These are "civil-governed" roles that provide the structure the state constitution actually requires.
The history of the North Carolina militia is a story of tension between the people and the state. That tension isn't going away. It's baked into the identity of the Old North State. But knowing the actual law—not the version shared on Facebook—is the only way to have a serious conversation about it.
Actionable Next Steps
- Read the Statute: Take five minutes to read N.C. Gen. Stat. § 127A-151. It is the primary legal tool the state has to address unauthorized military groups.
- Report Threats: If you see specific threats of violence or illegal paramilitary training, the State Bureau of Investigation (SBI) is the proper agency for reporting, as local deputies may sometimes have personal ties to members of these groups.
- Support Civil Oversight: Advocate for local law enforcement training that focuses on the "subordination of military power to civil power." This ensures that when groups do appear in public, the police have a clear legal framework to prevent intimidation.