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Martial Law question

Discussion in 'Politics, Elections & Legislation' started by Big Al 29, Apr 8, 2013.

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  1. Big Al 29

    Big Al 29 TS Member

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    If a Governor declares Martial Law or State of Emergency like Louisiana did with Katrina, can they confiscate your guns?

    I know they took guns from people in Louisiana but was it legal for them to do so? I know most of your "citizen" rights are invalid but what about your right to protect yourself.

    Same with the Pres. If he declares Martial Law, can the government confiscate your guns?

    Something else to think about with UBC. Leads to registration which means the government has you, your address, and the list to show up at your door.
     
  2. HSLDS

    HSLDS Well-Known Member

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    Depends on state law.

    Since Katrina several states have specifically forbidden law officers from confiscation or privately held firearms.
     
  3. Pocatello

    Pocatello Active Member

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    "Martial" not "Marshal"
     
  4. Brian in Oregon

    Brian in Oregon Well-Known Member

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    The idea behind martial law is to allow suspension of rights during a bona fide emergency for a temporary time period.

    The emergency was to be of such danger and of an imminent nature that normal functions of government AND normal checks and balances on the system could result in the loss of lives.

    Martial Law is intended to be used for a short time period, only until the emergency subsides, or as long as a war lasts.

    While Lincoln declared martial law for the duration of the Civil War, congress actually authorized it. And the courts modified it declaring it could not be used where there was a functioning court system. Lincoln sent a federal marshal to arrest a SCOTUS justice who opposed him on habeas corpus, The federal marshal took the order but decided to not carry it out.

    Andrew Jackson used it during the War of 1812, but continued to use it after the war ended, claiming he did not know peace was declared. When a judge ordered martial law be lifted, he had the judge arrested.

    The US military declared martial law over the Hawaiian Islands in WWII. This was criticized after the war that the military could only declare martial law over conquered enemy territory and it was unlawful to do so for US territory without congressional and presidential approval, the point being the governor declared martial law and turned Hawaii over to the federal military.

    What happened during Katrina was not technically martial law because that concept does not exist in Louisiana. But for all practical purposes what was declared is essentially the same thing. What happened there was a big wake up call for showing how local, federal, military and private contractors can jackboot over your Second Amendment rights in an emergency. It's clear that given the chance anyone with a gun will be held to the same level as a criminal. This is why some states have passed laws overriding martial law for retention of Second Amendment rights.

    The issue today is what possible emergency or emergencies would allow declaration of martial law on a national basis, how far reaching they would be, and for what time duration? Everything has changed with all the new "security" bills and executive orders that have been passed. Many believe that there are no checks and balances on this anymore, and the government (and unscrupulous politicians) have carte blanche to pretty much do whatever they want.
     
  5. jakeduke

    jakeduke Member

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    Ya know I dont understand how any thing can trump the constitution. The peoples right to bear arms is the law.The people are the governing body. Our founding fathers of this country established that. If you give up your arms you no longer have a constitution.
     
  6. GW22

    GW22 Active Member

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    Hey Jake, did you just come out of a coma or something? The current administration has been wiping their @sses with the U.S. Constitution for 4 years. And doing so with impunity.

    -Gary
     
  7. jakeduke

    jakeduke Member

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    GW22 No I have not just come out of a coma If you have been watching I have been posting for a while on the subject of the government and the constitution.I know what the current administrations have been doing. Do you remember Bush senior saying this is a New World Order. I clearly remember him saying this at his address to the country. I have been seeing a lot of the administrations for many years bleed this country. The bigger steps are being taken now Fast and Furious. Nothing has been done. Looks like we all set around on our asses and do nothing but Bi!ch about it.
     
  8. GW22

    GW22 Active Member

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    Yes Jake, that's pretty much the current state of affairs. As I've posted many times, we self-centered Baby Boomers are in the final stages of pissing away the greatest country that ever existed. And once it's gone full Euro-Socialist, it's never coming back. We will deservedly be known as "The Worst Generation."

    -Gary
     
  9. primed

    primed Well-Known Member

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    The law below was passed post Katrina to prevent a recurrnce of the illegal confiscation in the event of major disaster. Martial law? We'll find out when it's attempted.

    SEC. 557. Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201) is amended by adding at the end the following:

    ‘‘SEC. 706. FIREARMS POLICIES.
    ‘‘(a) PROHIBITION ON CONFISCATION OF FIREARMS.—
    No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may—
    ‘‘(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;
    ‘‘(2) require registration of any firearm for which registration is not required by Federal, State, or local law;
    ‘‘(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or
    ‘‘(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency.
    ‘‘(b) LIMITATION.—Nothing in this section shall be construed to prohibit any person in subsection (a) from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency, provided that such temporarily surrendered firearm is returned at the completion of such rescue or evacuation.
    ‘‘(c) PRIVATE RIGHTS OF ACTION.—
    ‘‘(1) IN GENERAL.—Any individual aggrieved by a violation of this section may seek relief in an action at law, suit in equity, or other proper proceeding for redress against any person who subjects such individual, or causes such individual to be subjected, to the deprivation of any of the rights, privileges, or immunities secured by this section.
    ‘‘(2) REMEDIES.—In addition to any existing remedy in law or equity, under any law, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an action for return of such firearm in the United States district court in the district in which that individual resides or in which such firearm may be found.
    ‘‘(3) ATTORNEY FEES.—In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.’’.
     
  10. Brian in Oregon

    Brian in Oregon Well-Known Member

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    You mean the New World Odor?
     
  11. TinMan88

    TinMan88 TS Member

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    Joe Biden:14 hours ago – U.S. Vice-president Joe Biden did not hesitate to call for a New World Order while participating in the Export Import Bank conference in ...

    Just around the next corner...
     
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