Abatis
Platinum Member
I know that North Carolina has a State militia separate from the national Guard. And I believe other States do as well.
Well, in exchange for completely extinguishing all state militia powers and rendering Art I, § 8, cl. 16 moot, Congress gave the states lovely parting gifts called "State Defensive Forces" which allow them to form emergency forces supposedly exempt from federal control to be used at the governor's discretion. They have zero connection to true Art I, § 8, cl 15 & 16 militia powers (as intended).
AFAIK North Carolina is not among the states exercising that privilege; whatever force you are describing is operating completely outside of 32 USC § 109 and subject to being told to cease operations.
Further private militias may form unless specifically barred by State law but they must acquiesce to State and federal Control when so ordered.. . .
Correct, no entity but Congress possesses any power to form, organize, train, drill or deploy citizens as militia and state and private formations have no legal standing or any claimable immunity against legal constraints . . .
IOW, there is no "right" for anyone, state or citizen, to form a militia.