What to Do if Martial Law is Declared

Martial law and emergency preparedness have a symbiotic relationship throughout history. In any case where the imposition of martial law becomes a necessity, the need for emergency preparedness exists. 

Whether that is a gas mask to navigate National Guard's use of tear gas or body armor to defend yourself against armed looters, if martial law has been declared then you are about to see just how prepared you have been for this day. 

With the election upon us and a contentious season of American history around the corner, the team here at MIRA Safety thought it would be a good idea to lead you in a conversation of what martial law may mean for you. 

What Martial Law Means for Civilians in the U.S.

If you want to get a taste of what martial law would look like for your average civilian, you can look no further than recent states of emergency during periods of civil unrest. Now, a state of emergency is not the same as martial law and we will cover that later. 

However, it's the most recent and relevant look as to what civilians can expect. Curfews and limited mobility will be the first two things the average American family will experience. Whether that is enforced by civilian law enforcement or the national guard, if you are out when you are not supposed to be in a forbidden location, you will be detained or dispersed. 

Law and order becomes the priority and if you need to make a midnight run for food or water, you're out of luck. With an actual martial law declaration, the consequences for running afoul of the authorities can become quite severe. One can be tried under military law as the suspension of legal rights such as writ of habeas corpus no longer exist.

Under a just and righteous reason for the President to declare martial law, military forces will not be your biggest threat. Rather, it will be the conditions that caused them to make the declaration in the first place. Disaster, riots, looting and more from your fellow civilians.

The most important early takeaway is that you cannot rely on the military to save your family. No one is coming to save the day if you do not prepare your family. The military will be concerned with restoring order in the broad sense. Your job is to hold down the fort until such time that they do indeed restore order. 

A Brief History of Martial Law: Lessons for Preparedness

Let's take a quick look at times where martial law has officially been declared and the impact it had on the community. According to the Brennan Center for Justice, martial law has been imposed at the Federal or State level a total of 68 times in United States history. 

Contrary to popular belief, martial law was not imposed during Hurricane Katrina or the L.A. riots of the early 90's. The last meaningful time where martial was frequently used was the 1960's. The decade was a period racial and civil unrest combined with strong anti-war sentiment which brought the nation to a boil. 

Martial law was imposed multiple times throughout the decade some of the latest examples being 1966 in San Francisco and 1967 in Detroit, Michigan. What those incidents demonstrate to us is that while the National Guard is focused on the larger crowds and the greater threats, there are those using the violence on a small scale to loot and commit heinous crimes while domestic law enforcement is distracted. 

A state of martial law is not meant to be prolonged or permanent. Your job is not to save the nation or restore order yourself. Your job is to survive the ordeal intact. Time is on your side if you have prepared for this day and you can maintain food and water supplies longer than most.

The longest period of martial law in the United States was nearly three years long and that was in Hawaii during World War 2. That's a different ball game and requires a different type of preparation. Martial law can range from a few days to a few weeks. If you have properly prepared to stay in your home and defend your home, you should survive the ordeal. 

Who Can Impose Martial Law and When It Might Be Enacted

The ability to impose martial law is typically reserved for the Executive branch of most governments under international law. In the United States, the President has the ability to do so. In addition, martial law may be declared by state governors in their respective states unless barred by the state constitution. 

When it can be enacted, it is typically reserved for invasion or attack by a foreign power, armed rebellion, widespread civil unrest, natural disasters or the complete breakdown of civil order. The key for preparedness is to understand that apart from a surprise terrorist attack, you will see writing on the wall that this is coming. 

Do not wait until martial law is declared to do something about it. Again, right now we know there will be unrest after the election one way or the other. The writing is on the wall. What are you doing about it?

Is your family equipped with gas masks like those we sell at MIRA Safety? Can you navigate your family through a cloud of tear gas or other burning chemicals? When looters kick in your door and try to take your food, do you have your Level 4 Body Armor at the ready to take multiple hits from the AR or AK they are firing? 

There are historical limits on when and for how long a President can maintain a declaration of martial law. The power to declare martial law should not be wielded flippantly. However, we must remember that as a result of this year's Supreme Court ruling, Presidents have total immunity for actions conducted while carrying out their Article 2 duties. 

No President has had this immunity before and as such, it doesn't matter who wins the election. As a nation, we must strongly consider that the use of martial law could become more frequent. 

Article 2 grants the President the authority to enforce the law. As such, he or she cannot be held legally liable for abusing martial law while enforcing the law. The die is cast and the time to prepare is now. 

Source: MIRA Safety

Potential Restrictions When Martial Law is Declared and How to Prepare 

Thankfully, if you are involved in the survival and prepping universe then martial law and the suspension of rights should not affect you immediately. When the National Guard is roaming the streets and imposing strict curfews, your home now becomes your castle. Hold down the fort and wait. 

However, you have to remember that for the duration of martial law that your rights can still evaporate in an instant. If the crisis is prolonged and the military is short on supplies, they can take what's yours due to the power of martial law. 

As such, though you are doing just fine, it would be best not to highlight just how fine you are doing. Hiding stockpiles of food, ammunition, and water is an excellent idea during such a time. There is no reason to advertise it because the minute they want it, they can take it. 

It is also important to remember that with the implementation of martial law, your constitutional right to avoid quartering troops is also suspended. If they want to use your house, they can do so. As such, maybe the basement isn't the best place to store all of your supplies. An offsite location with additional supplies is an excellent idea for the day the National Guard comes knocking and looking for a place to stay. 

Martial Law vs. State of Emergency: Why the Difference Matters 

As frightening as the above scenarios sound, we have to remember that there is a key difference between martial law and a state of emergency. In modernity, it is a state of emergency we see most often. As such, if the National Guard wants to take your food or sleep in your bed during a state of emergency, you can tell them pound sand. 

Martial law must be analyzed from the aspect of military involvement and their ability to take over civilian institutions. During a state of emergency, civilians are still in control and the military, most often the National Guard, lends a hand. 

During martial rule, rights may be entirely suspended. During a state of emergency, rights are often only curtailed to a certain degree such as a curfew or restricted movement. Make no mistake about it, when martial law is declared, all bets are off as to how far your rights can be trampled. 

How Martial Law Impacts Civil Liberties and Why Preparedness Matters

A state of martial law may seem like a good idea at the time, however rights once taken are often hard for authorities to give back. Short of martial law, you can say anything you want against your government. During a period of martial law, even speech can be seen as a threat to military rule. Choose your words carefully. 

The right to assemble is also taken away during this time. You have to assume that if you show up to a protest during a period of martial law, you could be detained and tried in a military court. If you choose to show up because you believe the cause is righteous, best take a gas mask with you and have a plan to get out of Dodge when they start cracking heads. 

Practical Steps for Families to Take Curing Martial Law

A Presidential declaration of martial law or a state declaration of martial law could come at any time in the near future. Now is the time to talk with your family about the plan. Once declared, it is best to stay together if at all possible.

That allows for 100% accountability of knowing where everyone is at any moment. If you have to travel and separate, give yourself enough time to make it back long before curfew. If you go out after curfew looking for your wife who herself was detained for violating curfew, then who is looking out for the kids? Give yourself time. 

Maintain discreet stores of food and emergency supplies. It's ok to take a handout from the National Guard knowing full well that you have plenty at home. Don't let others know that you are so well supplied that you do not need assistance. Discretion is the better part of valor here. 

Remember that your home is your castle. Outside those four walls, it is the military's castle. Truthfully, under martial law, they can come to take your castle if they really wanted. However, the point is to tread carefully when you are outside the four walls of your own home. Do not draw attention to yourself and you will survive the day that most people dread. Now is the time to prepare.