bgavin Posted March 19, 2020 Share Posted March 19, 2020 Our idiot governor is indeed earnest about implementing Martial Law to "keep law and order." I have seen no riots and no looting. A few clowns are trying to scalp for toilet paper. Amazon is selling isopropyl alcohol at $50 per gallon, plus Hazmat fee. I see no justification of any kind for Newsom to even mention Martial Law. Except to grab our guns, the way they did in New Orleans after Katrina. IMO, this could start civil war in CA. Link to comment
Blackwater 53393 Posted March 19, 2020 Share Posted March 19, 2020 Newsom has been given carte blanche by the elected representation of that state. Never mind that the election laws and rules are rigged to keep level headed outsiders off of the ballot!! Because of the above, they neither seek nor need ANY justification!!! Link to comment
Hardpan Curmudgeon SASS #8967 Posted March 20, 2020 Share Posted March 20, 2020 Anyone think he'd be foolish enough to issue a "turn 'em in!" order...? And the reaction if he did? Link to comment
bgavin Posted March 20, 2020 Author Share Posted March 20, 2020 When a state of rebellion, tumult, insurrection or riot exists, the governor can declare martial law within the state borders. So far, I do not see any rebellion, tumult, insurrection, rioting or looting. Newsom can, and has, declared a valid State of Emergency, defined as "a disaster (epidemic) that exists across the entire state." Neither Martial Law nor State of Emergency allows Newsom to suspend ANY part of the CA Constitution. Newsom's carefully worded executive orders tell the public to "heed" (read: take into consideration) his guidelines. This is very different from binding legal regulations written and passed by the legislature, and therefore non-binding. CA law allows counties to declare a health emergency when the local health officer determines there is a threat of the introduction of any contagious disease. This power is not given to the CA Dept of Health Services, only the local county health officer. The sheriff may enforce all orders of local health officers. In the interest of public safety, the county health officers have clearly overreached their authority. CA law does NOT support counties locking down their entire (healthy) populations. Case law is quite specific about quarantines being applied ONLY to those who are sick, and those exposed. CA law is also quite specific that firearms and ammunition can NOT be seized by cops unless pursuant to a crime. Summary: • Cannot suspend the CA constitution or rights • No legal authority to shut down events or business • No legal authority to require social distancing of 6 feet • No legal authority for counties to quarantine the healthy • No legal authority to seize or confiscate any firearm The above is the scholarly interpretation of the law... And won't make a bit of difference if you have a contingent of National Guard on your doorstep demanding your guns. Link to comment
Eyesa Horg Posted March 20, 2020 Share Posted March 20, 2020 You wouldn't want to be the confiscators on the second day! Link to comment
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