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Sol Invictus
08-31-2009, 09:33 PM
Dr. Edwin Vieira, Jr.
NewsWithViews (http://www.newswithviews.com/Vieira/edwin198.htm)
August 31, 2009

It is difficult these days not to come upon some pessimistic patriotic commentator expressing the fear that something called “martial law” may soon be imposed on this country, as the General Government’s response to a new “terrorist attack”, or to the economic and social chaos arising out of a collapse of the monetary and banking systems, or to some other dire event that frightens hapless Americans into trading a sure and certain loss of their liberties for a dollop of conjectural safety.

http://i26.tinypic.com/2s92iog.jpg
Whether or not the military personnel are following some specific “code of military law”,
“martial law” in this sense purports to set aside the Constitution and all of the other “Laws of the Union”
and to substitute therefore the orders of officers in the Armed Forces.

An optimistic patriot might scoff at such fears. But both pessimists and optimists typically share the same implicit first premise: namely, that the form of “martial law” they have in mind is legitimate. Most of the time, this is a rather glaring and dangerous error.

In legal analysis, definitions of terms make all the difference. And “martial law” can be defined in at least four ways:
·First, the term could denote the law that Congress may enact for governance of the Armed Forces and “the Militia of the several States”. This kind of “martial law” is plainly legitimate, because the Constitution delegates to Congress the powers “[t]o make Rules for the Government and Regulation of the land and naval Forces” and “[t]o provide * * * for governing such Part of the[ Militia of the several States] as may be employed in the Service of the United States, reserving to the States, respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress”. [U.S. Const. art. I, § 8, cls. 14 and 16.]

With respect to “the land and naval Forces” such “martial law” applies at all times. With respect to the Militia, it applies only when the latter have been “call[ed] forth * * * to execute the Laws of the Union, suppress Insurrections and repel Invasions”. [U.S. Const. art. I, § 8, cl. 15.] With respect to everyone else, though, it applies not at all. This absolute separation the Fifth Amendment confirms: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger”. “Martial law” (in this first sense), which may (but need not necessarily) dispense with “Grand Jur[ies]”, applies only to “the land and naval forces” and to the Militia in time of “War” (“repel[ling] Invasions”) or “public danger” (“execut[ing] the Laws of the Union” and “suppress[ing] Insurrections”), and to no one else.

Ulf
09-14-2009, 08:10 PM
In PA getting a License to Carry Firearms will allow a citizen to carry a firearm during a declared emergency.


No person shall carry a firearm, rifle or shotgun upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is: (1) Actively engaged in a defense of that person's life or property from peril or threat. (2) Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).
http://reference.pafoa.org/statutes/PA/18/II/G/61/A/6107/prohibited-conduct-during-emergency/



(a) Purpose of license.--A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle throughout this Commonwealth.
http://reference.pafoa.org/statutes/PA/18/II/G/61/A/6109/licenses/



(a) General rule.-- Except as provided in Title 34 (relating to game), no person shall carry a loaded pistol, revolver, shotgun or rifle, other than a firearm as defined in section 6102 (relating to definitions), in any vehicle. The provisions of this section shall not apply to persons excepted from the requirement of a license to carry firearms under section 6106(b)(1), (2), (5) or (6) (relating to firearms not to be carried without a license) nor shall the provisions of this section be construed to permit persons to carry firearms in a vehicle where such conduct is prohibited by section 6106. (b) Penalty.--A person who violates the provisions of this section commits a summary offense.
http://reference.pafoa.org/statutes/PA/18/II/G/61/A/6106.1/carrying-loaded-weapons-other-than-firearms/