Martial Law is happening now, removal of second amendment rights as well as others!

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hipoint

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Folks this is messed up! I live in a small town hit by the tornadoes last week and this is a new 'law' enacted... It's scary as heck when a county commissioner can remove whatever parts of the constitution they wish.

Notice the part of having to be indoors after 6:30? I don't live in one of the curfew areas, but they are almost all extremely rural areas with most folks owning large tracts of land... I'd like to see someone tell me I can't be outside on my own property.

Now, I'm sure in practice it's all pretty harmless, but these laws are VERY clear and open the door to lots of abuses. I'm certainly voting next local election to remove this commissioner and will be at the next town hall meeting after things calm down.
 
the areas that are hit in this county are very isolated with very localized damage, we live in the largest county in the state... why they didn't just cordon off those areas for residents only is beyond me... seems like they just wanted to flex a little bit and see how far they could go.
 
sorry, meant to paste this in the first part.



Cherokee County, NC - Proclamation of a State of Emergency

Section 1. Pursuant to Chapter 166A of the General Statutes and Article 36A Chapter 14 of the General Statutes, I have determined that a State of Emergency exists within Cherokee County, NC.

Section 2. I, therefore, proclaim the existence of a State of Emergency within Cherokee County, NC.

Section 3. I hereby order all county law enforcement officers and employees and all other emergency management personnel subject to my control to cooperate in the enforcement and implementation of the provisions of the county emergency ordinances which are set forth below.

Section 4. Curfew. Unless a member of the County's law enforcement agency or the emergency management program, every person who is located within:
a) Peachtree Community incorporating Old U.S. 64 to the Cherokee-Clay County Line extending to new U.S. 64 to Hendrix Road and N.C. Hwy 141 from 64 Alt. to Rolling Hill
Road
b) Wehutty Road from Prince Road to Candy Mountain Road
c) Candy Mountain Road from Shoal Creek Road to Liberty Road
d) Texana from Joe Brown Highway to Joe Brown Highway

This does not include travel to and from medical or emergency facilities.

Members of these communities are to be inside a house dwelling from the hours of 6:30 pm to 7:00 am.

These areas are without power and may pose a dangerous environment to homeowners, travelers and community members.

Section 5. No Alcoholic Beverages. There shall be no sale, consumption, transportation, or possession of alcoholic beverages during the State of Emergency within Cherokee County, NC, except possession or consumption is allowed on a person's own premises.

Section 6. No firearms, ammunition, or explosives. During the State of Emergency, there shall be no sale or purchase of any type of firearm or ammunition, or any possession of such items along with any type of explosive off owner's own premises.

Section 7. Execution of Emergency Plan. All civilians and emergency management personnel are ordered to comply with the emergency reaction plan.

Section 8. This proclamation shall become effective immediately. Proclaimed this the 03 day of March 2012 at 12:47 (p.m.)

Signed (Lorraine M. Meltz) Chairman Board of Commissioners
 
the weird part is it really isn't that bad... 20 homes lost in the whole county, and about the same number of businesses... It would seem a more appropriate response would be to block off the 4 small areas hit by the tornado for residents only and have patrols out there, rather than have some weird law like this...

This is an area where a rifle rack in the back window of a truck is more than just common, it's almost expected. So to say that you can't 'transport' a firearm is really odd...
 
@ justin... it seems pretty clear there... it says that you can't transport a firearm anywhere off of your own premises... this is pretty scary that some lowly county commissioner can do this!
 
Most places have ordinances for declaring martial law during a state of emergency. It is not surprising that it was declared in the wake of a disaster of great magnitude. Now, the issue is how long before it is lifted and the talons of government retracted?
 
I'm positive this will pass soon enough, and that the local deputies will all be very cool about any 'infractions' on this... but that's not the point to me, it's that if they so chose to, they could lock a person in jail for standing on their front porch... They could lock you up if they saw a bullet laying in the console of your truck too... I know I've got loose ammo in all of my vehicles, I own a farm and am always running around with a rifle or shotgun in the truck...

On top of everything else, the city limits of murphy are under curfew, so every business in town has to close at 6:30! Keep in mind the tornado wasn't really that bad and 90% of town is absolutely fine without so much as a branch blown off of a tree.
 
It's not the enactment of new law, and is not permanent.

It's a temporary application which is a fairly typical response in emergency situations. I'm not sure, but it may be one of the steps required in order for the local government to seek aid from the state or federal level. For example, I'm not sure if they have to declare a state of emergency in order to seek aid from the National Guard, but it's a possibility.

Don't automatically attach an anti-gun agenda.
 
Here's my first thought. They have to declare an emergency in order to have a chance with an application for federal relief money through FEMA or other agencies. After seeing what a nearby county went through after the recent earthquake and aftershocks, all I can say it that it must be a real paperwork headache to get the feds to respond in a timely manner.

John
 
the damage consists of 1 self store it building, 2 grocery stores, one small strip mall, and a feed store.

other than that, the radio said 20 homes were severely damaged, heck the worst part of the county had power restored in about 12 hours. This is a very large county, takes about an hour to drive from one end to the other, so to do a county wide thing like this is what is really bugging me out.

Luckily for me I've got ammo and beer :D
 
Point of order question. Doesn't the military have to take control before it's martial law?

Martial = military

"Martial law is the imposition of military rule by military authorities "
 
I'm certainly voting next local election to remove this commissioner and will be at the next town hall meeting after things calm down.
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That is exactly what you should do. Convince/encourage as many of your neighbors to join you as you can. Let your commisioners know that this wont be tolerated by the voters of your county. BE POLITE but firm! As a former city councilman myself,I can tell you,that is important if you want to be heard.
 
They have to declare an emergency in order to have a chance with an application for federal relief money through FEMA or other agencies.
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JohnBT,isn't that the governor's responsiblity and not some county commisioner's?
 
This is the way your elected officials should act. They should be attempting to protect your rights, not violating them.


Texas Also Gets Emergency Powers Limits

Sometimes called the Katrina Law, this new statute, effective Sep. 1, 2007, prevents authorities from confiscating firearms or ammunition in the event of a natural disaster or human emergency. It is designed to prevent the type of dangerous abuse caused by corrupt politicians in Louisiana after the Katrina disaster.

Unable to control the chaos and criminals running around at large, they chose to disarm the civilian population at gunpoint instead, leaving innocent people helpless. None of the perpetrators of the illegal confiscations have been brought to justice, and most of the confiscated property has not been returned, despite repeated court orders, which the "authorities" simply ignore. Texas law now bans such actions, though no prison terms are specifically spelled out for officials who might decide to violate the law.
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all valid things here... as far as the 'point of order question' yes, but what would you call this?

While I agree that in order to receive the FEMA money they needed to enact a 'state of emergency' but the commissioner picked and chose these stipulations herself out of a bunch of different ones... kinda like a pick your topping pizza :D

It just seems weird to me that a county official can remove the constitution because a mediocre tornado hit. That's my biggest point is it really isn't that bad while I'm sure i'd feel differently if a tree were through my home, 20 homes damaged in the largest county in the state is not bad enough to enact 'martial law' by any stretch of the imagination.

The gun thing is pretty weird, but to not allow people to be outside of their homes on their own property is even weirder... Again, I'm sure the deputies aren't going to arrest you for sitting on your front porch, but THEY COULD and that's the scary thing.
 
I wonder how many other states give the County Commissioners or other minor officials the ability to declare curfews. Ohio does not, nor do they allow weapon confiscation.

In the interest of full disclosure, Ohio does have an emergency snow ban that can be instituted by each county Sheriff. If the snow and road conditions get so bad it is foolish/dangerous to drive, he can declare a Level-3 Snow Emergency and arrest people for being on the road. But we also know an elected official will never arrest any voters for driving.
 
If so do they mean that one can't carry at this time?
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That is correct, but what would you be doing out OFF your property and out during the curfew?

It is a STATE of EMERGENCY not martial law. Under martial law, you lose ALL your rights. And martial law can only be declaried by the Govenror or President of the United States.
Jim
 
One more reason to like our Governor. He refused federal money and told them we could handle it.
 
Section 6. No firearms, ammunition, or explosives. During the State of Emergency, there shall be no sale or purchase of any type of firearm or ammunition, or any possession of such items along with any type of explosive off owner's own premises.
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I read this as being OK to keep them on one's own property, not confiscation. It is silent on whether carrying off-property is OK with a CCW.
 
Yes, State of Emergency means temporary suspension your concealed carry permit and many other privileges. The Governor did this to the eastern half of the State last time we had a hurricane.

I AM surprised to see a County Commissioner claiming this power, but there's nothing else surprising about what you posted. If you're going to challenge him, try digging into the legal aspect and see if he over-reached his authority.
 
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