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Thread: Gov declares state of emergency - they changed the restriction(s) on firearms?

  1. #1
    Regular Member solus's Avatar
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    Gov declares state of emergency - they changed the restriction(s) on firearms?

    i remember when Bev declared state of emergency in '11 there were restrictions placed on citizens having firearms.

    i also vaguely remember something discussed out here on the forum about these restrictions which were over turned by the supreme court or other judicial entity but can't seem to find the thread nor can i remember if the restriction only pertained to all firearms, or handguns, or long guns.

    so as Pat declares yet another state of emergency what does that mean for NC citizens who carry handguns (OC OR CC)?

    thanks for the info and please cite as appropriate...

    ipse
    Last edited by solus; 02-11-2014 at 11:31 PM.
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    Regular Member razor_baghdad's Avatar
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    Bateman vs. Perdue 2012

    http://forum.opencarry.org/forums/sh...29-struck-down (hold your nose reading the peanut gallery GRNC hater comments)

    I had to dig but this from the GRNC:

    http://www.grnc.org/defend-your-righ...trikes-gun-ban

    State of Emergency Gun Ban

    In Bateman et al. v. Perdue et al., at issue was the state's blanket prohibition on carrying firearms outside the home during declared states of emergency. During numerous states of emergency involving hurricanes and other phenomena, lawful North Carolinians have been prevented from protecting themselves outside the home, including an incident in which King, NC posted the entire town against firearms in anticipation of a snowstorm. Plaintiffs for the case were gun rights organizations Grass Roots North Carolina, the Second Amendment Foundation, and citizens Michael Bateman, Virgil Green and Forrest Minges, Jr.
    Last edited by razor_baghdad; 02-12-2014 at 12:18 AM.

  3. #3
    Regular Member solus's Avatar
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    thanks razor for the quick response i for the life of me couldn't find the reference...

    course w/this storm front engulfing the state, for me it is a mute point...way too many crazies trying to drive in snowy conditions on the roads so i will defend the homefront from my home...lol

    stay warm and safe

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

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  4. #4
    Regular Member HPmatt's Avatar
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    Interesting reading. Tyrants are all over the country, just waiting to strike. What was it that Chi Mayor Rahm Emanuel said - don't waste the opportunity of a crisis to advance the agenda.
    “Men live without other security than what their own strength and their own invention shall furnish them"
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  5. #5
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    The judicial lifting of the ban did not keep some stores from removing all ammo from the shelves. One local WM had zero ammo out; it had been removed and was not for sale.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by bc.cruiser View Post
    The judicial lifting of the ban did not keep some stores from removing all ammo from the shelves. One local WM had zero ammo out; it had been removed and was not for sale.
    If it was in any way advertised for sale and they are not "sold out," they my be guilty of fraud, deceptive advertising.

    At they least I would complain (politely) to corporate - put some heat on the store manager.
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    Regular Member papa bear's Avatar
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    This has been bothering me. when it first came up. the pressure made Perdue say that people wouldn't be charged with the crime. they were keeping it on the books, but you would not be charged.

    now is it still the law or not
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

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    Its not right but in all reality if your waiting for and emergency to buy your ammo you are too late.
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  9. #9
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by papa bear View Post
    This has been bothering me. when it first came up. the pressure made Perdue say that people wouldn't be charged with the crime. they were keeping it on the books, but you would not be charged.

    now is it still the law or not
    Congratulations! You have won a great victory today as Grass Roots North Carolina and the Second Amendment Foundation won the Bateman v. Perdue lawsuit to strike down North Carolina's "state of emergency" gun ban.
    http://www.grnc.org/defend-your-righ...trikes-gun-ban
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  10. #10
    Regular Member solus's Avatar
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    Chapter 166A.
    North Carolina Emergency Management Act.

    § 166A-19.31. Power of municipalities and counties to enact ordinances to deal with states of emergency.
    (b)(4) Upon the possession, transportation, sale, purchase, storage, and use of gasoline, and dangerous weapons and substances, except that this subdivision does not authorize prohibitions or restrictions on lawfully possessed firearms or ammunition. As used in this subdivision, the term "dangerous weapons and substances" has the same meaning as it does under G.S. 14-288.1. As used in this subdivision, the term "firearm" has the same meaning as it does under G.S. 14-409.39(2).
    http://www.ncga.state.nc.us/EnactedL...pter_166A.html

    i couldn't find any specific statements regarding firearms in the statute.

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  11. #11
    Regular Member solus's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Congratulations! You have won a great victory today as Grass Roots North Carolina and the Second Amendment Foundation won the Bateman v. Perdue lawsuit to strike down North Carolina's "state of emergency" gun ban.
    http://www.grnc.org/defend-your-righ...trikes-gun-ban
    sorry, grapeshot but reading different threads of GRNC's self flagellation on how they won this court case is disturbing on many levels. especially since i found previous threads on the organization's perception of their world in their passing laws for the citizens of NC .

    now if you wish to bold the Second Amendment Foundation in your post i would say congratulations an good job to their initiative and perseverance to correct this injustice to the citizens of NC.

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  12. #12
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by solus View Post
    sorry, grapeshot but reading different threads of GRNC's self flagellation on how they won this court case is disturbing on many levels. especially since i found previous threads on the organization's perception of their world in their passing laws for the citizens of NC .

    now if you wish to bold the Second Amendment Foundation in your post i would say congratulations an good job to their initiative and perseverance to correct this injustice to the citizens of NC.

    ipse
    I didn't bold it - just copied it. Primary purpose was to give direction to the answer. I have no favorites in this.

    Was glad to see the change though.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Firearms Iinstuctor View Post
    Its not right but in all reality if your waiting for and emergency to buy your ammo you are too late.
    +1 Gotta have a couple of thousand rounds always...

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