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devildog

Who is in charge during martial law?

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Everything is in place!

So you thought you were ready?Well now lets see..the net goes down,Postal service Stops,Phones are jambed and cant get through.Tv is showing a symbol of the Goverment..waiting for a news on the radio,traffic jambs on the highways,People start to move on the grocery stores,Power cuts out..and the east coast just wakes up!!

 

Some messages get through to familys from our Military to hunker down!The Domino effect starts!

Milita from across the Nation says"BS" and they are targeted first.

A smiling face appears on the big screen after power is suddenley turned on.

 

Martial law has been declared because the Feds have discovered a plan to disrupt the Power system!!!

But we got it covered so just do what your told!!!

 

Its all good just trust me!!

 

And if you beleve that? I got land in Florida for sale,we just have to wait for the tide to go out to see it!!!

 

JMO..

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So if I am "reading between the lines" properly, what I get from all the preceding posts is there really is no document or regulation (pertaining to martial law) that delineates the duties, responsibilities, and authority of local government?

 

So in my little town when martial law is declared, there will likely be no authority at all and anarchy will begin to grow, as There is just no way that a military presence will be able to be established in every little village and town in America. The senior military representative in my area is likely to be one of the recruiters 60 miles away. Even mobilizing all reserves and guard troops, I don't see even a squad presence everywhere.

 

I will continue to try and research this as there must be something that states the authority for any change in government, but I find it very interesting that it is so hard to find information on martial law.

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No, Doc, it's martians. Martians are in charge.

 

The Martians are in charge? Well that explains a lot of things, like the ears on the one in charge, and how everything he touches is fouled up.

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Now we know why some politicians are pushing for the UN to get involved in our govt. affairs and there already have been some laws crafted to that end. You can not reason with a military which does not speak your language.

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Well I doubt that. We have too much in common with them. I am thinking that it would be some leftist govt's UN troops. I do not think much of the UN. I thought even less of the League of Nations. And we tax payers get stuck paying their bills. You have BHO and Bill trying to wear the UN crown, which may happen yet since one of them may have bought it by now. Better yet, put them in charge of the UN. They would bankrupt it in no time flat.

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So if I am "reading between the lines" properly, what I get from all the preceding posts is there really is no document or regulation (pertaining to martial law) that delineates the duties, responsibilities, and authority of local government?

 

So in my little town when martial law is declared, there will likely be no authority at all and anarchy will begin to grow, as There is just no way that a military presence will be able to be established in every little village and town in America. The senior military representative in my area is likely to be one of the recruiters 60 miles away. Even mobilizing all reserves and guard troops, I don't see even a squad presence everywhere.

 

I will continue to try and research this as there must be something that states the authority for any change in government, but I find it very interesting that it is so hard to find information on martial law.

 

The local levels I know used to have them in their Civil Defense plans on the Federal level it is laid out in the recently updated North American Defence Act ( more commonly known as the War Powers Act)

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Bosnia/Serbia, UN peacekeepers were Pakistani for the most part. (because of the Religious over-tones of the conflict)

Kosovo, Peacekeepers mostly French and German, they couldn't be Soviet because of old bad blood.

 

The peacekeepers assigned to a country have something in common with that country.

Don't confuse PeaceKeepers with 'Occupational Forces', that is why we still have an army base in... most anywhere in the world.

 

Unfortunately, American troops could never really be considered peacekeepers anywhere, because we police everyone.

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Devildog,

 

I think your "reading between the lines" is probably accurate. I don't know of any document that exists that says who is actually in charge. I think it would also vary greatly depending upon the geographic area that martial law was declared in.

 

Its also very important for everyone to remember that local law enforcement, fire departments and emergency medical services are all CIVILIAN. There is no federal mandate that "activates" us or puts us in charge of the state or the federal government or anything like that.

 

The short answer is that there probably is no nation-wide ruling on it, especially when the declaration of martial law is not national. In North Carolina, the state is divided into 100 counties. Each of these counties have a sheriff's department which is responsible for maintaining the jails and courts in that county and is also responsible for patrol and response to calls for service in unincorporated areas of the county (basically anywhere that isn't covered by a police department). Police departments handle patrol and response to calls for service in incorporated villages, towns and cities. In a handful of counties (Mecklenburg County and Gaston County) the sheriff's department only handles the jails and the courts and leaves patrol and response to calls for service up to a special county-wide police department (Charlotte-Mecklenburg Police Department). The state also has the North Carolina Highway Patrol (responsible for traffic enforcement, commercial motor vehicle enforcement and investigating accidents in counties where the sheriff has opted to not do it). There is also the State Bureau of Investigation (SBI) who can assist any agency in the state in any number of law enforcement related activities such as major crimes, arson, etc). Whenever we have activated the Incident Command System (http://www.fema.gov/emergency/nims/IncidentCommandSystem.shtm) it usually becomes a dick-measuring contest to see who is actually in charge at a major incident.

 

My department doesn't have any formal documentation that specifically pertains to a declaration of martial law (going to work on that). Our Standard Operating Procedures (SOP) do list out specific law enforcement duties during a declaration of a state of emergency though. In North Carolina, a state of emergency is declared by the governor of the state at the request of local authorities (in my town's case, the town manager). During a state of emergency, a curfew can be enacted but violating it is only a misdemeanor. There are certainly harsher punishments for index crimes (murder, rape, burglary, robbery, armed robbery and arson) in times of a state of emergency declaration.

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Devildog,

 

Upon further review of my department's SOP, it looks like we don't actually have any clear plan for state of emergencies or martial law. Looks like I may get to work on that also!

 

***EDIT***

 

I spoke too soon. While it's not listed in the department's SOP, it is listed elsewhere. For obvious reasons I can't post it.

 

Also, North Carolina General Statutes Chapter 166A is known as the North Carolina Emergency Management Act of 1977. Based on what it says about martial law, it appears ONLY the Governor of NC can declare martial law and that he would then be in charge.

 

http://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=166A

 

I will update more as I find it today.

Edited by Major Krisis

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Devildog,

 

Upon further review of my department's SOP, it looks like we don't actually have any clear plan for state of emergencies or martial law. Looks like I may get to work on that also!

 

***EDIT***

 

I spoke too soon. While it's not listed in the department's SOP, it is listed elsewhere. For obvious reasons I can't post it.

 

Also, North Carolina General Statutes Chapter 166A is known as the North Carolina Emergency Management Act of 1977. Based on what it says about martial law, it appears ONLY the Governor of NC can declare martial law and that he would then be in charge.

 

http://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=166A

 

I will update more as I find it today.

 

 

And now "he" is a she and she should scare the hell out of all of us.

Edited by MikeE

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Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis—(usually) only temporary—when the civilian government or civilian authorities fail to function effectively (e.g., maintain order and security, and provide essential services), when there are extensive riots and protests, or when the disobedience of the law becomes widespread. In most cases, military forces are deployed to subdue the crowds, to secure government buildings and key or sensitive locations, and to maintain order.[1] Generally, military personnel replace civil authorities and perform some or all of their functions. In full-scale martial law, the highest-ranking military officer would take over, or be installed, as the military governor or as head of the government, thus removing all power from the previous executive, legislative, and judicial branches of government.[1]

 

Martial law can be used by governments to enforce their rule over the public. Such incidents may occur after a coup d'état (Thailand 2006); when threatened by popular protest (China, Tiananmen Square protests of 1989); to suppress political opposition (Poland in 1981); to stabilize insurrections or perceived insurrections (Canada, The October Crisis of 1970). Martial law may be declared in cases of major natural disasters, however most countries use a different legal construct, such as a "state of emergency".

 

Martial law has also been imposed during conflicts and in cases of occupations, where the absence of any other civil government provides for an unstable population. Examples of this form of military rule include post World War II reconstruction in Germany and Japan as well as the southern reconstruction following the U.S. Civil War.

 

Typically, the imposition of martial law accompanies curfews, the suspension of civil law, civil rights, habeas corpus, and the application or extension of military law or military justice to civilians. Civilians defying martial law may be subjected to military tribunal (court-martial). etal LOCKED UP OR SHOT....

 

Basically, what Warrior7 said.......

Edited by desert rat

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