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North Carolina Governor Suspends Gun Rights In Advance Of Hurricane



Sep 2, 2010 24 Comments ›› Pat Dollard

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Examiner:

State of emergency order makes criminals of concealed handgun permit-holders, sport shooters and hunters.

[Raleigh] Yesterday, North Carolina Governor Beverly Perdue signed Executive Order No. 62, declaring a State of Emergency in advance of Hurricane Earle. In doing so, Perdue suspended the right of state residents to use or carry firearms outside their premises.

At issue is N.C. General Statute 14-288.7, which prohibits transporting a “dangerous weapon” during a state of emergency:

§ 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).)

According to § 14 288.1 (10), a state of emergency exists “whenever, during times of public crisis, disaster, rioting, catastrophe, or similar public emergency, public safety authorities are unable to maintain public order or afford adequate protection for lives or property, or whenever the occurrence of any such condition is imminent.”

Violation of the order is a Class I misdemeanor, punishable by up to 120 days in jail. Those impacted include concealed handgun permit-holders, sport-shooters, and anyone else carrying a firearm outside their home or business. Critics note that dove-hunting season begins on Saturday (September 4), potentially making criminals of thousands of hunters.

NC DEMOCRATS REFUSE TO RECTIFY PROBLEM

In recent years, two North Carolina bills could have prevented infringement on individual rights under state of emergency laws. Under Section 3 of House Bill 257: “No Seizure of Lawful Firearms in Emergency,” sponsored by Rep. George Cleveland (R-Onslow) and three other legislators, lawfully possessed firearms and ammunition would have been exempted from the state of emergency law.

Despite support from the state’s primary gun group, Grass Roots North Carolina*, and others the bill died when it was denied a committee hearing by Democrat leadership, including Speaker Joe Hackney (D-Chatham, Moore, Orange) House Majority Leader Hugh Holliman (D-Davidson) and Judiciary Committee Chairman Representative Ronnie Sutton (D-Robeson).

The issue became more urgent in February, when the town of King declared a state of emergency in response to an impending snowstorm and posted the entire town against the sale and purchase of firearms and ammunition.

In response, GRNC worked with Rep. Mark Hilton (R-Catawba) to revamp the bill and introduce it again, with stronger language on the state of emergency issue, during the second year of the legislature’s two-year session as HB 2031. Referred to the House Judiciary I Committee, chaired by anti-gun Rep. Deborah Ross, that bill too died when Democrats denied it a hearing.

LAWSUIT PENDING ON STATE OF EMERGENCY LAW

Ironically, in June GRNC joined Michael Bateman, Virgil Green, Forrest Minges, Jr., and the Second Amendment Foundation in a lawsuit against the state’s emergency powers gun ban.

Named in the suit are North Carolina Gov. Beverly Perdue; Reuben Young, secretary of the Department of Crime Control and Public Safety; Stokes County and the City of King.

Filed in U.S. District Court for the Eastern District of North Carolina, the official title is Bateman et al v. Perdue et al, Case No. 5:10-cv-265. It contends that state statutes forbidding carrying of firearms and ammunition during declared states of emergency, as well as laws enabling government officials to prohibit purchase, sale and possession of firearms and ammunition are unconstitutional because they forbid the exercise of Second Amendment rights as affirmed by the Supreme Court ruling in McDonald v. Chicago.

Plaintiffs are represented by attorney Alan Gura, who won the recent McDonald v. Chicago Second Amendment case and the landmark D.C. v. Heller case preceding it. Local counsel includes Andrew Tripp and Kearns Davis of Brooks, Pierce, McLendon, Humphrey & Leonard, LLC.

After GRNC issued an alert to its members, word of the implications of Perdue’s order spread on the Internet, including being featured on thetruthaboutguns.com. It is widely anticipated that the order will add impetus to the Bateman lawsuit.


  • Sentinel at the Gate

    Well, well … well. Those pesky Dhimmicrats will use anything they can to subvert the Bill of Rights, won’t they? Even using a storm off-shore to start kicking in doors and seizing firearms from legal owners. Wonder if the LE in North Carolina will side against the people and the Constitution or will they stand for what’s right. Lock and load everyone, the government is here to help you.

  • libertarian

    Doesn’t the second amendment trump any other so-called law? Oh wait, that’s the U.S. Constitution, we have no need of that anymore…… :mad:

  • http://hyperinflation-watch.blogspot.com ZenDraken

    A car is a dangerous weapon.

    Gasoline is a dangerous substance.

    So everybody must evacuate on foot!

  • the right reverend

    damn and here I am stuck in a hotel room outside Seymore Johnson with nothing but a 257 mag

    • DC

      hmmmm….didn’t know they made a .257, let alone a “mag”… :cool:

  • SC

    Such BS!!!

  • JIM D

    Sounds like a good time to drag these anti freedom assholes kicking and screaming into the open. Would be good idea to slip the issue into a campaign ad against the dem wits.

  • ji

    Why does anyone vote for a dummycrat. I just dont get it.

    • Sentinel at the Gate

      Lots of brain damage from drugs as a yute.

    • http://aherdofturtles.blogspot.com/ turtleherder

      What’s a yute ?

    • AMartinez

      LOL, never see Uncle Vinny?

    • AMartinez

      Dang, cain’t think My Cousin Vinny!

  • Steve Rogers

    Interesting. During a time that law abiding citizens may need their weapons most, demorats (sic)want them to be defenseless. Evidently, criminals have a lot of influence in the jackass party.

  • http://patdollard.com Average Joe

    pat, it is time to think of fighting back.

    we know the SEIU-afl/cio-ACORN-ILLEGALS will try ballot stuffing & all, and will try to rig computers to steal Nov Election.

    IF DEMS WIN, WE NEED TO THINK OF TAKING THE COUNTRY FROM THEM SINCE THEY WILL HAVE DONE IT ILLEGALLY AGAIN.

    Remember, OBAMA GOT BETWEEN 30 MILLION & 50 MILLION FRAUD VOTES IN 2008 & REPUBLICANS REALLY WAN ELECTION….THAT IS FROM AT LEAST 3 VOTE-COUNTER SOURCES LIKE PUGH & DEM-BURIED FEC INTERNAL REPORT…

    • http://patdollard.com Average Joe

      sorry, REPUBLICANS REALLY WON election

  • http://patdollard.com Average Joe

    In finishing above……We keep getting hammered & hammered, but issues like this Never are even on Fox. Why????

    We all know that “taking away guns” in New Orleans is what led to cops shooting citizens. BECAUSE THE COULD.

    • hazim

      “Below Average Joe” is more like it.
      Where do you get your “facts” …?

    • DC

      Hazim, he makes them up as he goes…LOL

    • http://patdollard.com Average Joe

      yeah, sure I do……….
      of course there was NO REPORTS of Ohio voters voting multiple times, and Detroit holding polling places in black areas open 24 hours………

      Na, that stuff was made up too by other folks all over America……..

      F-off hazim & DC

    • DC

      Hey, fuck you and die, you ignorant, punk-assed bitch!
      If you had a hair on you ass, you’d play with it. Nobody is interested in your laim opinions or pathetic conspiracy theories.
      Go back to your COD game and quit bothering this site with your ALL CAPS bullshit. It neither impresses anyone nor does it make you appear any smarter than a 5th grader.

      Oh, and while you’re at it…better make yourself a new tin-foil hat…..I think your old one has a few holes in it and is letting in the evil rays! :roll:

  • Scoot

    Is it a coincidence that Gov. Bev is on Barry’s unconstitutional Council of Governors?

    I called her office 5 times yesterday and was hung up on 5 times. I did get the confirmation that this Martial Law order is for the whole state, not just the coast. I’m in Charlotte, well away from the storm, and this unconstitutional act affects me as well.

    This was also done locally in King, NC this last winter because of a snowstorm that left only a trace of snow on the ground there. Gov. Bev did nothing back then to stop it, when she has the power to put an end to it.

    The line in the sand has been crossed, my fellow Americans. This is one of many bullets that are being fired at us.

    Tyranny is not only in DC, but it is deeply embedded into our state governments as well.

    I’m going to call my Senators and Congressmen today to see if they’ll put a stop to it, but I can tell you this, they won’t do a damn thing to stop this, and they also will be guilty of treason against the people of North Carolina.

  • Ty

    I’d walk around with my gun and wait for arrest. Then I’d drag this commie straight to court. I may be mistaken, but I don’t think anything trumps the Constitution.

    • Montizzle

      Nothing is “supposed” to trump the Constitution.

  • http://www.grouchyconservativepundits.com rayra

    I thought this sort of unconstitutional crap was getting chased down after similar occurences in the wake of Katrina.
    There was even Federal legislation signed into law by Bush stating that people couldn’t be disarmed in the wake of a natural disaster.
    This crap about screwing you if you are off your own property with your firearms is garbage – what if you are evacuating? In your own neighborhood clearing debris? Standing looter watch down at the end of your block? This is a damned outrage.

    http://en.wikipedia.org/wiki/Disaster_Recovery_Personal_Protection_Act_of_2006

    Quote
    Background
    In the aftermath of Hurricane Katrina, New Orleans Chief of Police Eddie Compass ordered police and National Guard units to confiscate firearms from citizens who remained in the area.

    The National Rifle Association and Second Amendment Foundation filed a lawsuit against the city of New Orleans to place an emergency injunction forbidding such seizures from continuing. A temporary restraining order was granted September 23, 2005.[1]

    The Disaster Recovery Personal Protection Act of 2006 (H.R.5013, S.2599) was a bill introduced March 28, 2006 by Republican Congressman Bobby Jindal in the House and on April 7, 2006 by Republican Senator David Vitter in the Senate.[2] On August 4, 2006, it was referred to committee.

    On July 12, 2006 Senator Vitter proposed Senate Amendment 4615 (the Vitter Amendment) to Department Of Homeland Security Appropriations Act, 2007 (H.R. 5441), to prohibit the confiscation of a firearm during an emergency or major disaster if the possession of such firearm is not prohibited under Federal or State law.[3] The proposed amendment was subsequently modified to contain the provisions of the Disaster Recovery Personal Protection Act of 2006. However, the temporary surrender of a firearm could be required “as a condition for entry into any mode of transportation used for rescue or evacuation”.

    [edit] Passage
    On July 13, 2006, the Vitter Amendment passed the United States Senate 84 to 16. It was retained by the conference committee. President George W. Bush signed the Department of Homeland Security Appropriations Act on September 30, 2006 and it became Public Law 109-295.[4]

    —

    I’ve given serious thought about thrusting that info in front of my own local law enforcement and city officials and ‘Disaster Planners’ and charging them to conform to it, but I ran out of personal give a shit. I will not submit to such abuses. What they choose to do is immaterial.