Martial Law, CCW and Required Travel

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Snowdog

Snowdog

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Both my wife and I work at local (but different/competing) hospitals.
Her hospital is approximately 10 miles away while mine, a much larger level II trauma center is closer to 25 miles.

I've had a CCW since 1999 and carry religiously. I was recently issued a card by my department and strongly encouraged to carry it with me during my commute. I'm instructed to show this card to any Officer if stopped should a curfew be imposed. This card essentially says that our positions are vital services needed to address this Covid-19 fiasco.

This got me thinking... if martial law is imposed along with curfews, does this affect my legal ability to carry concealed during my 45 minute commute? Does martial law nullify my permit?
I know there were some snags during Katrina though I'm under the impression some laws were passed to protect those who carry as a result.

The option exists of staying on site in designated sleeping areas provided by the hospital, however I'm not considering this as we also have an eleven-year-old daughter who's out of school until the 30th at the earliest and likely longer. When my wife is working, I have to be home (I work nights, she works days and both off weekends).

I did a search here and the majority of the posts were from 2008-2012.

I live in Western NC if that helps any.

Thanks in advance!
 
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don't start wringing your hands just yet. if "they" declare martial law you will either comply with the restrictions or you won't. frankly the cops will be over loaded with maintain the basics of law and order, and not have enough time to shake down legitimate people.
 
We’re a long way from martial law. To get there, you would have to literally not be able to hold court. Where I practice, we can still do just about everything, we just don’t have in-person hearings until mid-April (for now). A lot can be accomplished by phone and video, and you don’t see law enforcement not doing their jobs. This is a temporary disruption, not a dissolution of our way of life. Even under a declared state of emergency your CCW is still valid. Check your state constitution.
 
good question. I saw a scroll go bye on facebook the other day go bye on a social media site that said all current fish and game laws still apply. I though it was interesting they would feel the need to put out such and update. it is a little off topic, but my guess is whatever agency gives the permit, will have some info on its status.
 
Anchorite said:
A lot can be accomplished by phone and video, and you don’t see law enforcement not doing their jobs.
Click to expand...
Yes, you do see them not doing their jobs (which is understandable) and you'll see a lot more of it too.
https://thehill.com/homenews/state-...-to-delay-arrests-for-some-non-violent-crimes
https://www.sfexaminer.com/news/cor...itations-making-arrests-in-non-violent-cases/

Anchorite said:
This is a temporary disruption, not a dissolution of our way of life.
Click to expand...
Maybe, maybe not. None of us has any way to know that for certain.

Anchorite said:
Even under a declared state of emergency your CCW is still valid. Check your state constitution.
Click to expand...
Politicians and police violate their state constitutions regularly. I hope you're right though.
 
IBTL.

We don't do foolishness like that down here.

God bless Texas:
House Bill 1177 Effective: September 1, 2019

Caption: Relating to carrying a handgun during a state of disaster.

  • Amends Penal Code §46.15, removing the provisions for unlawful carrying of a handgun if the person is not prohibited from possessing a firearm and is evacuating from or reentering to an area subject to mandatory evacuation during a natural disaster.
  • Provides that certain places where the carrying of a handgun is prohibited does not apply in situations where the premises is operating as an emergency shelter during a state of disaster and the owner, controller, operator, or person of apparent authority authorized the carrying of a handgun in the shelter.
https://www.dps.texas.gov/RSD/LTC/Legal/newlegislation.htm
 
There is a difference between a "state of emergency" and "martial law" although it's common to confuse the two. In a declared state of emergency, the National Guard can be used to help local law enforcement enforce local laws. I have personally witnessed civilians being carried off to jail by Army National Guard MP units for price gouging during hurricanes. Posse Comitatus blocks the active duty Army or federalized National Guard from performing law enforcement duties during a state of emergency. Depending on how the laws are written, CCWs probably can be suspended during a state of emergency.

If/when martial law is declared, the Constitution is essentially suspended at the UCMJ becomes law (military laws.) At that point, local government and law enforcement become subordinate to the Army. Considering the military's disdain for private firearms ownership (Troops aren't allowed to possess them on post.), you can pretty much count on a gun ban for the duration of martial law.
 
One other thing I'd like to comment on, because I see this everywhere. Everywhere. I will not comply. Ok. I understand and support your sentiment. However, in the extreme case of martial law, you'll comply, or you'll be killed.

Many, if not most of us, here have served and worn the uniform. Please do not allow yourself to be deluded into believing that American soldiers will disobey orders; they won't. Think back to our time when we were 17 years old (19, 21, whatever...young) and in the service. How many of you would defy an order at that age, at that point in your life? Remember, our government is going to tell these young soldiers that they are facing domestic terrorists/criminals etc, and those young men will believe. And they will follow orders. Older soldiers and local law enforcement have families and mortgages. They will not throw away pensions, homes, and financial security. They will follow orders.

Decide for yourself how to proceed.
 
D.B. Cooper said:
One other thing I'd like to comment on, because I see this everywhere. Everywhere. I will not comply. Ok. I understand and support your sentiment. However, in the extreme case of martial law, you'll comply, or you'll be killed.

Many, if not most of us, here have served and worn the uniform. Please do not allow yourself to be deluded into believing that American soldiers will disobey orders; they won't. Think back to our time when we were 17 years old (19, 21, whatever...young) and in the service. How many of you would defy an order at that age, at that point in your life? Remember, our government is going to tell these young soldiers that they are facing domestic terrorists/criminals etc, and those young men will believe. And they will follow orders. Older soldiers and local law enforcement have families and mortgages. They will not throw away pensions, homes, and financial security. They will follow orders.

Decide for yourself how to proceed.
Click to expand...
Posts such as this are a clear sign a thread has disintegrated to the point necessitating closure. Posts that strongly imply that the majority of those currently serving in our military possess no critical thinking skills and will "follow orders" even if clearly un-Constitutional, are a clear sign that the poster is woefully out of touch with the folks currently serving on active duty.

Finally, anyone who believes this country is at the point where a declaration of martial law is actually imminent needs to remove his tinfoil hat ASAP.
 
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