- Is it illegal to store large amounts of food and supplies?
- How does martial law affect preppers in an emergency?
- How do I protect my preps from the government?
Preppers are different than most people. We think differently, shop differently, and see the world differently. We also act differently than a lot of the public. Is it illegal to be a prepper though? A big part of prepping is storing large quantities of food and supplies. Some people look down on this, especially when there is a disaster. People get upset that their neighbors have a lot of food when there are people who are going without when SHTF, but is it illegal to store large quantities of food and supplies as a prepper? The simple answer- it depends.
Martial Law
Martial law is the main fear of preppers as far as what can make things illegal. Martial law means that the government imposes a strict military control of all functions. With that, a lot of the normal restrictions on government go away.
This essentially eliminates your constitutional safeguards and rights, most specifically the right to bear arms and freedom from search and seizure. This means that the government can, through a declaration of the president, take away your storage and supplies for you and your family, and also make it illegal to fight against that, or against anyone else who comes to take it away.
As it stands in the United States, Martial Law is pretty vague. Many argue that congress should set more limits on what it actually means. There have been a few executive orders where presidents pretty much say what they can do (see below) but there aren’t any clear limits or expectations from congress on this. This could give more legal protections, or at least give us a better idea of what to expect.
Search and Seizure Laws
The Fourth Amendment exists to prevent unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized. This means that your storage and equipment are generally safe under normal times, but as soon as martial law is declared, having your stores can be declared illegal, and fourth amendment constitutional protection could be taken away from preppers.
I find it ironic that the government, specifically FEMA and the CDC, recommend having a good food storage and essential supplies on hand, but when there is an actual emergency, they can come and take it away. After a deeper look at the laws around storing and hoarding, and other laws that affect preppers, I give advice on how to avoid troubles from the law.
Would I be Reimbursed if the Government Took my Stuff?
Nobody wants their stuff taken by the government, especially in an emergency, but its good to think it through and be prepared for anything. There is nothing specific that addresses this. There is language about that in a couple executive orders on the subject, but none include private individuals. You would assume it would apply, but it is also frighteningly omitted on this subject, whereas both companies and private individuals are specified in other instances. Currently I think it’d come down to each military operative that’s taking whatever it may be, and whether they issue a contract or payment to an individual. Either way, if you KNOW to ask for a fair value contract, that would also help you and increase your odds of compensation after the fact. They could always say no, but you do the best you can.
Is it Illegal for Preppers to “Hoard” Food?
If you think about it, its legal to buy and store and “hoard” all the food you want, all the way up until there is an emergency, at which point other laws come into play. Executive order 10998, allows the federal government to seize “hoarded” food supplies from both public and private sources in the case of Martial law. This serves as more of a warning than an actual law. Under martial law, the president is in charge. Essentially, every order at that time will have the weight of an executive order, and again, the constitution will largely be suspended. Essentially, these executive orders are the president saying- you have to do this because I say so.
Is it Illegal for Preppers to “Hoard” Supplies?
There have been laws on hoarding supplies by many countries such as Pakistan, but there are laws in most developed countries as well. The main law for preppers to be aware of in the US for supplies is the Defense Production Act of 1950. The act says the following:
The Defense Production Act of 1950:
This law is in place to prevent hoarding of goods, and forbits people from stockpiling items beyond what a “reasonable” person, business, or home might use. It also forbids buying items to resale for a profit if the President declares that those items or materials are “scarce.”
The main takeaway from this is that the government can determine that certain goods cannot be “hoarded” at a given time if there is a national emergency. It is unclear if that means you cannot already have a large supply of a given item, but you certainly cannot stock up legally in a time of shortage in a national emergency. Government interference with prepping and private supplies generally claim the legal authority for a lot of acts in reference to this act
State Laws on Prepping
Governors have the power to impose Martial Law within the boundaries of their states. This is the single biggest threat and challenge at the state level. The governor can also call out the national guard in their state to give added weight to their orders. Also, most martial law decisions are administered at the state level, so preppers need to be aware of the state laws and authorities.
Many states also have laws that limit the amount of supplies that many can have on hand. Fuel is the most commonly regulated at the state and local level for safety reasons. Many states for instance have laws on the amount of gas, propane, and other flammable fuels you can have on hand. In Utah for instance, you can only have 25 gallons of fuel. There are also state and local laws on how much of other types of fuels you can have on hand. Read more about FUEL STORAGE And FUEL STORAGE LAWS.
New Jersey is now working to pass an anti-hoarding law that would make returns of extra goods illegal across the state. The proposed bill would make some returns illegal during the state’s emergency and for 30 days following the end of it. Most preppers specifically don’t want to return their materials, so this would more affect profiteers, but it runs along a similar vein.
Other Local Laws that Affect Preppers
You may also need to consider zoning laws when you are prepping. Cities and counties can develop codes and laws limiting the activities one can do on their property in different areas. These can affect different things about your property such as if, where, and how you can build a shed on your property, plant growth, whether you can have livestock (even chickens), or animals at all, and even gathering rain water.
Store Policies On Hoarding
Stores have the ability to limit purchases as long as they limit purchases for everyone. If they are discriminating and only allowing some people to buy items, that could be illegal. Generally speaking though, a store can limit the amounts you are purchasing. They do this so they get more customers in the store. For example, during the early days of the corona virus there was a shortage on toilet paper and stores limited the amount you could purchase. People would only be able to buy one pack of TP, but then they had to keep coming back to the store, meaning they’re more likely to buy more items. It makes sense from a business perspective, but it makes things difficult for those of us who are trying to be prepared.
Stores can essentially make their own policies though. Mr Beast bought everything in 5 stores once though during the pandemic, but he’s Mr Beast. This illustrates how stores can choose their own policies, and can allow what they want. They can’t discriminate illegally, but there is a lot they can do within the law, as was illustrated.
How to not have your preps taken by the government
If there is a state of emergency, or even martial law, and it becomes illegal to be a prepper, you’ll want to be prepared for that. We recommend a 3 part approach:
- Split up your preps
- Purchase gradually, with cash, or as subtly as you can
- Get more people involved in prepping
Split it up
Don’t put all your eggs in one basket. Have multiple stock piles. Long term storage in the attic, some in the basement, some in the garage, some in a shed. We also recommend having some of your preparations hidden or at least less visible. For instance, storing your more long term storage of rice, dried beans, etc. behind some of your holiday decorations. If you’re hard core, you can even store items in holiday totes.
Purchase Gradually or as Subtly as you Can
Your neighbors will notice a bunch of big buckets labeled wheat in the garage. A store will notice if you buy every bag of rice in their store. Don’t draw attention to yourself. If you do need to make a big purchase, consider paying with cash, and/or going to a city further away. If you live in a small town where everyone knows everyone, subtlety is even more important. John at the corner butcher’s shop will know exactly how much beef the locals have, unless you got it elsewhere, or got it over time.
We also recommend buying from multiple stores. This leaves items on shelves for others, and makes it harder to track exactly how much you’ve got. That’s a good thing. We also want everyone else to be able to get supplies as well, as is shown in our next strategy.
Get more people involved in prepping
If your neighbors are prepared the government is less likely to need your supplies. This one kind of flies in the face of advice 1 and 2, but its really the whole reason we have this website. If more people are prepared, the more secure my food storage and supplies are. There are ways you can do this subtly One example: at the start of winter, or a storm season, you can make a flyer with advice that says- we are entering winter storm season. If we have a blizzard, like happened with the Texas 2021 polar vortex, you’ll want to have on hand blankets, fuel, food for a few weeks, etc.
If your community responds positively, give more advice, send people links to this website and other forums and groups where they can get information. If people are apathetic or negative, go more incognito. We at Apocalyptic Prepping believe in being neighborly first, but we don’t believe in making ourselves targets. The less prepared your neighbors are, the less you’ll want your preps known. Also, the more prepper friendly your community is, the less preparation practices will be made illegal or difficult.
Is it Illegal to be a Prepper then?
Under normal circumstances, no it isn’t illegal to be a prepper, though some prepping practices are regulated. Preppers prepare for the extreme circumstances, and in extreme circumstances, even more prepping habits could become illegal at the drop of a hat. Be aware and prepare for Martial Law. We also wrote an article about Breaking the Law in SHTF which could be helpful. We also need to point out that we are not lawyers, and anything we write shouldn’t be considered legal advice for what preppers can and cannot do.
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