North Carolina's gun rights suspended during state of emergency.

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bigbayou87

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http://thetruthaboutguns.com/2010/0...s-gun-rights-suspended-by-state-of-emergency/

*Snip*
North Carolina, Virginia, and Maryland are all under an official state of emergency ahead of Hurricane Earl. In North Carolina, residents no longer have the right to carry a gun. “This highlights exactly why we needed to file a lawsuit against North Carolina’s Emergency powers,” Paul Valone of Grass Roots North Carolina (GRNC) told TTAG. “With the stroke of a pen, the governor can abridge the Second Amendment rights of all citizens—at the exact moment when they may need them the most.”
 
Last I heard the Republican leadership in the state legislature killed a bill to change the rules during a state of emergency. It was up there with letting people lock their guns in their car at work, carry in places that serve alcohol for consumption on premises, and carrying to drop your kid off at school.

We did get the castle doctorine and some other good stuff. We'll have to take it one step at a time.

North Carolina has always been a little harder on guns and defense than most southern states. There was a strong Quaker presence in NC early on. They were some of the first communities to unite and become more "urban" for the times. That gave them a lot of sway over the founding doctorines of NCs legal system. A lot of those Quaker ideals and doctorines affected early court decisions as well. That means that the influence of those beliefs became precedent and still holds sway today.

Add in the fact that over the last three decades we have been a magnet for immigrant northerners. The anti-gun ideas many of them brought with them now infect the politics of our larger metropolitan areas. That means they also affect our politics on a state level.
 
No man will usurp certain inalienable (or Bill of Rights given) rights from me if I have the will to say no and the means to act. An elected official is just another man (woman?), and might THINK that he holds such power. Let's just say I wouldn't want to be an enforcement officer trying to act out such an order. Even Hitler had an officer (receiving a medal) that refused to disarm after being told to, and lived to tell about it. Perhaps the governor could be placed under citizen's arrest for sedition...........
 
I'm recently retired from the PD and looking for a warmer and cheaper place to live. This malfeaseant law (and the corrupt politicians that passed it) is the only reason that NC was eliminated from my list of possible new homes.



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Mike, thanks for an interesting and logical explanation of the demographics behind contemporary NC statutes.
 
MikeNice said:
Add in the fact that over the last three decades we have been a magnet for immigrant northerners.
Click to expand...

You could not possibly be more correct about that. I've lived in NC for about 25 years now (from Virginia) and though we get our share of illegal immigrants due to apples and other crops, Western NC seems to attract gobs of folks from New England, my wife's folks being among them (Garden City).

We're wanting to someday move to Utah and I understand the gun laws there are quite fair. However, I can say that I've never personally had a problem where I live with gun laws and haven't had issues with CCW or local law enforcement (traffic stops).
 
Western NC seems to be much more tolerant than the larger metro areas. Raleigh, Durham, Charlotte, Chapel Hill, Carry, Greensboro, and Carborro can be a nightmare for gun owners.

At one point the mayors of Durham and Chapel Hill belonged to Bloomberg's MAIG.
 
I'm confused

If I read this right, it says this does NOT trigger in section 7 of the state of emergency order?? Looks like this should be discussed in the legal forum( on THR), I am sure most owners would still defend themselves no matter

http://www.governor.state.nc.us/NewsItems/ExecutiveOrderDetail.aspx?newsItemID=1455



Section 7.

This order is adopted pursuant to my powers under Article 1 of Chapter 166A of the General Statutes and not under my authority under Article 36A of Chapter 14 of the General Statutes. It does not trigger the limitations on weapons in G.S. § 14-288.7 or impose any limitation on the consumption, transportation, sale or purchase of alcoholic beverages.


North Carolina General Statutes § 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. (1969, c. 869, s. 1; 1993, c. 539, s. 192; 1994, Ex. Sess., c. 24, s. 14(c).)
 
In this situation the govenor stated that it did not apply. Next time she might not make that executive decision. That is the issue. There was a court case filed about this awhile back. I don't know how it ever turned out.
 
Last year's news. It would be relevant again today had the Gov. not specifically called the exception (due to political pressure?).
 
The fact that a governor has the power to arbitrarily ban carry of any sort is still relevant. While the situation with Irene played out better than in the past, given the exception, the law still needs to be changed to address future abuse.
 
fletcher said:
The fact that a governor has the power to arbitrarily ban carry of any sort is still relevant. While the situation with Irene played out better than in the past, given the exception, the law still needs to be changed to address future abuse.
Click to expand...
I agree. Of course, stopping Obama is more pressing buy this should not be overlooked.
 
If I read this right, it says this does NOT trigger in section 7 of the state of emergency order?? Looks like this should be discussed in the legal forum( on THR), I am sure most owners would still defend themselves no matter

http://www.governor.state.nc.us/News...ewsItemID=1455
Click to expand...

Since the thread seems to be based on an incorrect premise, let's close it.

In this situation the govenor stated that it did not apply. Next time she might not make that executive decision. That is the issue. There was a court case filed about this awhile back. I don't know how it ever turned out.
Click to expand...

Valid point, and a thread on what to do about it before next time would be appropriate.
 
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