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10/20/2017 1:01:18 AM
9/22/2017 12:11:25 AM
Posted: 9/1/2005 8:12:58 AM EDT
Two nights ago i posted about people not knowing what martial law entails and i got reemed and accused of being a commie.

My post was taken out of context.

I meant that most folks have no clue what power martial law gives the powers that be.
The police/goverment can take any personal food stores, vehicles , weapons from private citizens
They can pretty much take anything.
I was not making a political statement just saying that i thought we would see some of these confiscations in the next few days.
Link Posted: 9/1/2005 8:14:44 AM EDT
Shut up Commie!
Link Posted: 9/1/2005 8:17:41 AM EDT
[Last Edit: 9/1/2005 8:18:46 AM EDT by Aimless]
Link Posted: 9/1/2005 9:08:59 AM EDT
You really don't know what you are talking about.

At all.

"Martial Law" varies from state to state. Generally, the Governor is the only one who can declare it. There is also a much more rarely used "Federal" version that the President can declare.

In my state, under certain conditions, the Governor can declare Martial Law. During Martial Law, the state military forces (the National Guard, in most states and Territories, and in some places also other State military Forces, in our case the State Guard, and The State Reserve Militia and the State Navy, the latter two of which have no actual members) are allowed to act in a Law Enforcement capacity and gain the same authority under the Code of Criminal Procedure to detain, search and arrest that the state's Peace Officers already have. The military commander in an area also has the authority to order civil officials around and generally takes command, although there is a conflicting piece of state law that gives the Sheriff in each county authority over any military forces in his jurisdiction when suppressing riots, insurrections and disturbances.

The main effect is that persons arrested by the state military forces can supposedly be charged under the State Code of Military Justice (basically a re-creation of the UCMJ under state law), which includes statutes against looting, rioting, insurrection and general post-disaster mayhem. I say "supposedly" because, in my state, the only case law on this goes back to some oil field riots/strikes from the WWII era that were suppressed by state military forces (the National Guard being in Italy or the Pacific at the time killing Nazis and Imperial Japanese), when a few dozen civilians were arrested and charged by the State Guard for various offenses, and tried before court martials. The Court of Criminal Appeals threw out their convictions, holding that there was no authority to charge any civilian under military law, and that they should have been handed over to civil authorities after their arrest and charged under the Penal Code.

The only things regarding weapons under the Martial Law statutes in my state are that the military commander can order gun stores and liquor stores to close, and should consider guarding them against looters (kind of a no-brainer). The civil authorities and military authorities can also search for and seize arms stored for the purposes of insurrection, but the civil authorities can do that at any time, not just under martial law, as long they obtain a search warrant.

As far as commandeering property for public use, the only property that can be lawfully taken is when the civil authority (Mayor or governor) declares a state of emergency, or the governor declares martial law. When that occurs, civil authorities (and under martial law, military authorities) can take government-owned property for public use, though we are still required to re-imburse them at some point. Civil and military authorities CAN NOT (at least in my state) take private property under these authorities. Basically, we can order the school district to give us their buses and drivers to evac refugees, and their schools to house them, but, we have to pay for it all when things calm down.

Basically, government can do the stuff they ought to be able to do during these crisises, and legally, but can't go trampling the Constitution or turning things into a Police State. Put the tin foil down, and back slowly away from it...
Link Posted: 9/1/2005 9:11:47 AM EDT

Originally Posted By hockeysmile:
Two nights ago i posted about people not knowing what martial law entails and i got reemed and accused of being a commie.

My post was taken out of context.

I meant that most folks have no clue what power martial law gives the powers that be.
The police/goverment can take any personal food stores, vehicles , weapons from private citizens
They can pretty much take anything.
I was not making a political statement just saying that i thought we would see some of these confiscations in the next few days.



All I'm saying is that in times like these; ANY person, LEO or not asking me to surrender my firearm gets shot in the chest. That is all. I dont care about martial law or not. NO ONE takes my rifle period.
Link Posted: 9/1/2005 9:19:07 AM EDT

Originally Posted By mayday:


All I'm saying is that in times like these; ANY person, LEO or not asking me to surrender my firearm gets shot in the chest. That is all. I dont care about martial law or not. NO ONE takes my rifle period.



Me too. I'm going to get a tube of construction adhesive and goop it on my float tube and.........
Link Posted: 9/1/2005 9:24:24 AM EDT

Originally Posted By mayday:

Originally Posted By hockeysmile:
Two nights ago i posted about people not knowing what martial law entails and i got reemed and accused of being a commie.

My post was taken out of context.

I meant that most folks have no clue what power martial law gives the powers that be.
The police/goverment can take any personal food stores, vehicles , weapons from private citizens
They can pretty much take anything.
I was not making a political statement just saying that i thought we would see some of these confiscations in the next few days.



All I'm saying is that in times like these; ANY person, LEO or not asking me to surrender my firearm gets shot in the chest. That is all. I dont care about martial law or not. NO ONE takes my rifle period.



So. You are going to murder someone for just ASKING?
Link Posted: 9/1/2005 9:27:46 AM EDT

Originally Posted By Johninaustin:

Originally Posted By mayday:

Originally Posted By hockeysmile:
Two nights ago i posted about people not knowing what martial law entails and i got reemed and accused of being a commie.

My post was taken out of context.

I meant that most folks have no clue what power martial law gives the powers that be.
The police/goverment can take any personal food stores, vehicles , weapons from private citizens
They can pretty much take anything.
I was not making a political statement just saying that i thought we would see some of these confiscations in the next few days.



All I'm saying is that in times like these; ANY person, LEO or not asking me to surrender my firearm gets shot in the chest. That is all. I dont care about martial law or not. NO ONE takes my rifle period.



So. You are going to murder someone for just ASKING?



Why dont you ask me and find out
Link Posted: 9/1/2005 9:31:38 AM EDT
Don't mess with his Internet fantasy, John!


Originally Posted By Johninaustin:

Originally Posted By mayday:

Originally Posted By hockeysmile:
Two nights ago i posted about people not knowing what martial law entails and i got reemed and accused of being a commie.

My post was taken out of context.

I meant that most folks have no clue what power martial law gives the powers that be.
The police/goverment can take any personal food stores, vehicles , weapons from private citizens
They can pretty much take anything.
I was not making a political statement just saying that i thought we would see some of these confiscations in the next few days.



All I'm saying is that in times like these; ANY person, LEO or not asking me to surrender my firearm gets shot in the chest. That is all. I dont care about martial law or not. NO ONE takes my rifle period.



So. You are going to murder someone for just ASKING?

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