When is a CCW illegal?

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Plank Road Farm

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I heard something today that I would like some clarification on.

A guy at work said that if the govenor declares a state of emergency then it is illegal for you to leave your house with a gun even though you have a CCW.

If a cop stops you and you tell him you have a CCW, he can arrest you and confiscate your gun on the spot, if the govenor has declared a state of emergency even though you did not hear it on the news or otherwise have knowledge of the fact.

He further stated law enforcement can come in your house and take all of your guns during this state of emergency.

All of this in order to control you.

If this is true, we already live in a socialistic gov't.

Say it ain't so!!!!!
 
Not sure it got definitively cleared up in NC ... I think this is one of those still outstanding items on the list..
 
After Katrina the .gov put an end to this sillyness.
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They put an end to confiscations by the federal government. The ramifications of a state of emergency declared by your governor depend on your state.
 
Just to clarify, are you asking about a concealed carry weapon (CCW) or a concealed carry license (CCL), sometimes referred to as a permit to carry?

A CCW can be, and often is, illegal without a CCL.

Since the CCL is typically issued by the state or municipality I suppose it is within their right to regulate its use. Just like my drivers license didn't give me to the right to drive onto Galveston Island after Ike.
 
Plank Road Farm said:
Say it ain't so!!!!!
Click to expand...

It ain't so. Notice the bold and underline part. Every state receives Federal funds for law enforcement.

42 USC 5207:

http://www.law.cornell.edu/uscode/42/usc_sec_42_00005207----000-.html

§ 5207. Firearms policies
(a) Prohibition on confiscation of firearms
No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may—
(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;
(2) require registration of any firearm for which registration is not required by Federal, State, or local law;
(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or
(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency.
(b) Limitation
Nothing in this section shall be construed to prohibit any person in subsection (a) from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency, provided that such temporarily surrendered firearm is returned at the completion of such rescue or evacuation.
(c) Private rights of action
(1) In general
Any individual aggrieved by a violation of this section may seek relief in an action at law, suit in equity, or other proper proceeding for redress against any person who subjects such individual, or causes such individual to be subjected, to the deprivation of any of the rights, privileges, or immunities secured by this section.
(2) Remedies
In addition to any existing remedy in law or equity, under any law, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an action for return of such firearm in the United States district court in the district in which that individual resides or in which such firearm may be found.
(3) Attorney fees
In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.
Click to expand...
 
Just to clarify, are you asking about a concealed carry weapon (CCW) or a concealed carry license (CCL), sometimes referred to as a permit to carry?

A CCW can be, and often is, illegal without a CCL.
Click to expand...

I am talking about a person with a permit to carry a concealed weapon.

In NC it is called a concealed handgun permit.
 
It is indeed illegal to carry firearms off your property during a declared SOE

It is also a misdemeanor under North Carolina law for a person to transport or
possess, off his or her own premises, a dangerous weapon in an area during a declared
state of emergency, or in the vicinity of a riot. N.C. Gen. Stat. § 14-288.7 A concealed
handgun permit does not allow a permittee to carry a weapon in these areas. N.C. Gen.
Stat. § 14-415.11(c)
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There is a bill currently seeking to change this, but for now it is what it is. It is illegal to carry off of your property during a state declared state of emergency. This one is loosely enforced, but it is out there.

Edit:: Even if the new law is passed, it would not take effect until next year.

Last year, we were under a state of emergency during the first day of dove seasons. 1000's of hunters across the state were in direct violation, but we didn't go to jail en masse. :neener:

edit: In regard to post #7:

(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;
Click to expand...

It is prohibited per state law under a state of emergency. I am not a lawyer. I doubt they would take your gun and arrest you on the spot, but is a misdemeanor for all intents and purposes so YMMV. I was completely oblivious about this small little gotcha until last year when it made the news (dove season incident). The governor announced that this particular law would not be enforced (can a governor do that?!) in that incident and that hunting season could carry on without incident.
 
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If this is true, we already live in a socialistic gov't.
Click to expand...

No, it is just NC and we have horrible gun control laws. You are only under socialist rule if you live in the town of Cary. :)
 
It is sad but true. BTW, many States (even Free States) have this power in a State of Emergency...

I read about this a while back. Here's a few newer links...

http://therightofthepeople.org/upda...lly-stalled-in-the-north-carolina-senate.html

http://onlygunsandmoney.blogspot.com/2011/06/citizens-committee-weighs-in-on-s-594.html

http://www.nraila.org/Legislation/Federal/Read.aspx?id=5452

http://www.infowars.com/gun-confiscation-in-response-to-hurricane-earl/

Seems like this section of law is still on the books and that SB 594. Attached is the Bill (has not been passed BTW).
 

Attachments

  • S594v0-1.pdf
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As you can see, it varies by jurisdiction. In PA, under states of emergency, the governor can suppress constitutional carry, but not carry with an LTCF.

In most states, the powers granted to the governor under states of emergency are of the "not adding fuel to the fire" variety, and include the prohibition of the sales of alcohol, firearms, and ammunition. The premise for this strikes me as unreasonably paternalistic, as if legislators sat around thinking, "If there's a riot, people are gonna buy whiskey, chug it down, and then roll into the gun store so they can join the fun. We have to put a stop to that."

More likely, people are suddenly going to realize that the day they *need* a gun has arrived, that they don't have one, and that the gunshop is shuttered up tight. (And that's if they live in a state without a permission slips and waiting periods.) More than a few found out the hard way during Katrina and the LA riots that it just doesn't work that way.

To some extent, we in this community tacitly approve, believing that it'd be bad for a bunch of frightened newbies to be running around armed in an emergency, and smugly pat ourselves on the back for our wisdom in preparing ahead of time. While there may be some merit to the notation that people must proceed responsibly and competently, we must humbly remind ourselves that it is not for us to judge the rightness of free man executing his just prerogative, no matter the circumstances.
 
This is the statute in NC, (where I live); if someone already posted it, my apologies.

If anyone cares to see some of our other arcane firearms laws, the NC government statues can be seen within:
http://www.atf.gov/publications/download/p/atf-p-5300-5/atf-p-5300-5-north_carolina.pdf

14-288.7. Transporting dangerous weapon
or substance during emergency; possessing
off premises; exceptions
(a) Except as otherwise provided in this section,
it is unlawful for any person to transport or
possess off his own premises any dangerous
weapon or substance in any area:
(1) In which a declared state of emergency
exists; or
(2) Within the immediate vicinity of which a
riot is occurring.
(b) This section does not apply to persons exempted
from the provisions of G.S. 14-269 with
respect to any activities lawfully engaged in
while carrying out their duties.
(c) Any person who violates any provision of
this section is guilty of a Class 1 misdemeanor.
 
This problem is addressed by a bill currently moving through the NC Senate. Reportedly, Governor Purdue has instructed law enforcement agencies in the state that this statute is no longer to be enforced, but that's not something you can bank on.
 
In Nebraska, the Governor may "Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles" during a declared state of emergency.
 
This problem is addressed by a bill currently moving through the NC Senate.
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IF it passes. This isn't the first go around attempting to reform our arcane laws.

Reportedly, Governor Purdue has instructed law enforcement agencies in the state that this statute is no longer to be enforced, but that's not something you can bank on.
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That was strictly a one time affair when hunting season opening day came around while we were under a a state of emergency. She by no means meant that to be a "forever and ever" scenario. As I mentioned earlier, I'm not sure if she can legally order law enforcement at random to completely ignore statutes temporarily nor permanently. It is a statute that I disagree with ferociously, but my governor should never be able to just pop up on national tv and say "I don't agree with this GS...to all the LEO's in the state, stop enforcing it." That seems scary.
 
Hawaii, California, Illinois, Wisconsin, New York, New Jersey, and Maryland.

Note: I counted Hawaii because it has no such law and it doesn't issue. California, New York, New Jersey, and Maryland are counted because they are restrictive may-issue. It is only strictly illegal in Illinois and Wisconsin.

For all 50 states, follow this link: http://en.wikipedia.org/wiki/File:Shallissue2011.gif
 
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