Martial Law Questions

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Uncle Richard

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I have a couple questions regarding confiscation of firearms or others (food, housing, etc.) if martial law is declared. Can the military or local authorities confiscate if martial law is declared in an area of distress (riots, acts of God, etc.)?

If yes, how does Martial Law overrule the Constitution or State Law?

Also, what is the difference between an agency declaring "Martial Law" or "State of Emergency?"

I did a quck search in the “legal" forms and Google; however, a lot of ranting a raving to sort through. Please stick to the law, no assuming, and no rants, please.
 
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There should be state statutes dealing with these issues, and the concept goes by different names. By the book, the declaration of emergency is not supposed to eliminate Constitutional rights, but rather sets them aside for a bit. Since the courts aren't even functional during a major crisis, there is some logic to this. Imposition of martial law after return of civil authority is not supposed to happen. There have been a few instances of martial law imposing mass punishments. The internment of Japanese Americans is probably the best known. I don't have any doubt that would be deemed unconstitutional now.
 
There is a post Katrina federal law that states if a state conficates firearms under a disaster situation, they will loose their federal FEMA funding...there was a NC? (NC or SC) law suit here just awhile back that called their emergency management legislation that including firearms restriction unconstitutional...

Answer...can they? yes, unless you want to start a real fight.

can they legally? No.
 
In Florida, neither the state nor any locality is permitted to "search for and seize" firearms at will as was done in post-Katrina New Orleans. But, localities and the state are permitted to issue declarations of emergency under certain conditions and, under such declarations, some firearms-related practices can be further restricted. These include the sale (or display for sale) of or delivery of firearms, and the carrying of them, even by license-holders, in public within the disaster area.
I imagine that firearms found in violation of those restrictions could be seized.
 
NC law was 'revised'
what if comes down to from what I have read is this

they can't take your guns (at home)
they can't prevent you from carrying on your property

they can, and will declare that you cannot OC/CC inside a zone.
 
Law enforcement in a disaster (military during martial law or regular) can only confiscate illegal weapons. And only if something illegal is being done with said weapon like for example looting. And to answer whether or not to determine if a weapon is illegal is a matching CCW permit to a state ID.
 
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