58-1-112 - Martial rule Proclamation by governor Procedure. - Tennessee Statutes

58-1-112. Martial rule Proclamation by governor Procedure.

(a)  Whenever any portion of the national guard is employed pursuant to § 58-1-106, the governor, if in the governor's judgment the maintenance of law and order will thereby be promoted, may, by proclamation, declare the county or city in which troops are serving, or any specified portion thereof, to be under martial rule.

(b)  Following the governor's martial rule proclamation, the governor may promulgate the following orders to protect life and property or to bring the emergency situation under control:

     (1)  The establishment of a curfew and the prohibition and control of pedestrian and vehicular traffic, except essential emergency vehicles and personnel;

     (2)  The designation of specific zones within which the occupance and use of buildings and the ingress and egress of vehicles and persons may be prohibited or regulated;

     (3)  The regulation and closing of places of amusement and assembly;

     (4)  The prohibition of the sale and distribution of alcoholic beverages;

     (5)  The prohibition and control of the presence of persons on public streets;

     (6)  The regulation and control of the possession, storage, display, sale, transport and use of firearms, other dangerous weapons and ammunition; provided, that nothing in this subdivision (b)(6) shall be construed as authorizing confiscation of lawfully possessed firearms and ammunition during any period of martial rule; and

     (7)  The regulation and control of the possession, storage, display, sale, transport and use of explosives, and flammable materials and liquids.

(c)  Such orders shall be effective from the time and in the manner prescribed in such orders and shall be given to the press, radio and television media for publication and broadcast.

(d)  Nothing in this section shall be construed to authorize a declaration of martial law, in the sense of the unrestricted power of military officers, or others, to dispose of the persons, liberties or property of the citizen.

[Acts 1970, ch. 596, § 11; T.C.A., § 7-112; Acts 2009, ch. 288, § 1.]