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Thread: Question about updates to a recent law

  1. #1
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    Question about updates to a recent law

    Hey guys.

    My stepfather had told me tonight (he read this on a forum, not this one, but I don't know the name of the forum otherwise) that NC has updated the domestic violence laws, or some law related to domestic violence (he said it passed around the same time as HB 841, the bill that made it where NC couldn't take our guns from us like what happened with Hurricane Katrina), and that they added in something that states, to the effect of, that if someone feels threatened by your gun, they can call the police, and then can come in, without due process or warrants, and take every single gun you own out of your house. As an example, let's say I was out in my yard mowing, and I was carrying my pistol, and one of my neighbors felt threatened/scared by me carrying it. From what I was told, this means that said neighbor could call the local police/sheriff's office, and have all my guns taken off of me, without any due process or warrants, just because they felt threatened/scared by the gun. Apparently, the NRA also supported this bill. So I'm here to ask if anyone has seen anything about this, and if you have, could you point me in to the law that states it or could you post the relative snippet of the law that shows it? Thanks.

  2. #2
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    I don't know what bill you might be talking about, but I haven't heard of it. If it is in fact a law, it sounds like an unconstitutional law. I don't give a flying f*** if somebody else feels uncomfortable or scared about my gun. They can be scared and pitiful all they want, it's not going to affect me. No police are entering my home without a personal invitation or a warrant.

    Stop being silly and spreading rumors.

  3. #3
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    Quote Originally Posted by TDFbound View Post
    I don't know what bill you might be talking about, but I haven't heard of it. If it is in fact a law, it sounds like an unconstitutional law. I don't give a flying f*** if somebody else feels uncomfortable or scared about my gun. They can be scared and pitiful all they want, it's not going to affect me. No police are entering my home without a personal invitation or a warrant.

    Stop being silly and spreading rumors.
    That's how I think of it. I'm sure my neighbors don't like the fact that I carry, but it's also a constitutional right as well. I couldn't find anything on it, and the bill number he gave me was for something completely un-related, so if I couldn't find anything on it, I figured that this would probably be the best place to try to find out something on it, and if it even does really exist.

  4. #4
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    Quote Originally Posted by s&w_M&P_owner View Post
    That's how I think of it. I'm sure my neighbors don't like the fact that I carry, but it's also a constitutional right as well. I couldn't find anything on it, and the bill number he gave me was for something completely un-related, so if I couldn't find anything on it, I figured that this would probably be the best place to try to find out something on it, and if it even does really exist.
    I'm going to say it doesn't exist, or it would have already been heavily discussed on this and other forums. My neighbors are thankful that I carry- they say it makes them feel safer knowing somebody is willing to stand up for them with just as much force as the "bag guys" are likely to use. Carry on about your business, follow the laws, and handle confrontations with tact.

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    DV statute

    Read the domestic violence law for yourself: GS 50B-3.1

    http://www.ncga.state.nc.us/EnactedL...S_50B-3.1.html

    As far as the scenario you gave (others feel threatened), raise your arms high. Save the watches from the BS.

    You are sort of describing a GATTOP situation, which still does not allow for the search and seizure of weapons from the residence.

    You have been on this forum long enough to know we're going to call someone out when something like this gets posted. Get this stepfather to show you where he got this and any other comments that were posted in reference to it.

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    Here's the link he was talking about where he found it at:

    http://www.mombu.com/politics/politi...c-3569762.html
    Last edited by s&w_M&P_owner; 10-30-2012 at 08:22 PM.

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    Quote Originally Posted by s&w_M&P_owner View Post
    Here's the link he was talking about where he found it at:

    http://www.mombu.com/politics/politi...c-3569762.html
    I have posted before that I am one of the Board of Directors for GRNC.
    Look at the date on the alert. That was 9 years ago. That bill was killed.

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    ok, lets put this into perspective (normal caveat - I am not attorney nor giving legal advice)...OP your scenario of you wandering about your property or property you have been given permision to be on and a neighbor raises hell about your OC firearm...LE might respond to the complaint and might, just might wander over to ascertain your right to be there (i am not going to enter into a debate how you respond or the LE ascertains your right to be there) and then leave.

    now for your comment regarding DV offenders and their firearms:
    The Domestic Violence Offender Gun Ban ("Gun Ban for Individuals Convicted of a Misdemeanor Crime of Domestic Violence", Pub.L. 104-208,[1] 18 U.S.C. 922(g)(9)[2]) is an amendment to the Omnibus Consolidated Appropriations Act of 1997 enacted by the 104th United States Congress in 1996, which bans access to firearms by people convicted of crimes of domestic violence. The act is often referred to as "the Lautenberg Amendment" after its sponsor, Senator Frank Lautenberg (D - NJ). The act bans shipment, transport, ownership and use of guns or ammunition by individuals convicted of misdemeanor domestic violence, or who are under a restraining (protection) order for domestic abuse in all 50 states.

    NC's DV statutes fall under GS 508-1.

    so yes, the sheriff could under the provisions GS 508-3.1 and the cite above, go gather an individual's firearms as directed by the appropriate judical system.

    wabbit
    But who prays for Satan? Who in eighteen centuries, has had the common humanity to pray for the one sinner that needed it most...
    A person who has for untold centuries maintained the imposing position of spiritual head of four-fifths of the human race...
    All religions issue bibles against him, and say the most injurious things about him, but we never hear his side. (twain)

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    Quote Originally Posted by ncwabbit View Post
    .

    NC's DV statutes fall under GS 508-1.

    so yes, the sheriff could under the provisions GS 508-3.1 and the cite above, go gather an individual's firearms as directed by the appropriate judical system.

    wabbit
    Thanks for untangling OPs post.
    It's not GS 508-3.1, but rather 50B-3.1 as I posted. If I weren't wearing my specs, I wouldn't have noticed.
    Last edited by bc.cruiser; 10-31-2012 at 01:23 PM.

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