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Thread: NC under declared State of Emergency

  1. #1
    Regular Member solus's Avatar
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    NC under declared State of Emergency

    around 1400L the Honorable Pat McCrory, Gov of NC, declared a state of emergency covering all 100 counties of the tarheel state due to worsening weather conditions resulting, in part, from the hurricane which might brush the state soon.

    that said, NC statutes were specifically changed after pervious Gov Bev lost her NC court battle over control of firearms during declared states of emergency.
    ONLY mention of a firearm in the 166A:
    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) states:
    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).

    14-409.39. Definitions.
    The following definitions apply in this Article:
    (1) Dealer. – Any person licensed as a dealer pursuant to 18 U.S.C. § 921, et seq., or G.S. 105-80.
    (2) Firearm. – A handgun, shotgun, or rifle which expels a projectile by action of an explosion.
    (3) Handgun. – A pistol, revolver, or other gun that has a short stock and is designed to be held and fired by the use of a single hand.

    OC'g as normal...

    ipse
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by solus View Post
    --snipped--
    OC'g as normal...

    ipse
    As it should be.
    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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    Regular Member Dreamer's Avatar
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    We worked hard during and after Hurricane Irene in 2011 to get this stupid law changed. I'm glad to see the change still stands, and that people now have the right to defend themselves during "Declared States of Emergency" in NC.

    I'm visiting Greensboro this weekend, helping my daughter and son-in-law look for a new house (they are moving down here for his new job in November), and of course, I am carrying, because I live in MD and never get to carry up there.

    Any time I visit "free" states like NC, I exercise my rights, and it is good to know that a little wind and rain can no longer be used as an excuse for the State to rescind our rights. I will be out and about today, doing some shopping while they are with the realtor, and I plan on OCing when I visit some of the local vape shops. I'll post a report later this weekend--hopefully all goes well...


    Carry On!
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    --Barry Goldwater, 1964

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    Moderator / Administrator Grapeshot's Avatar
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    We miss you Dreamer. Come home - we're keeping the light on for you.
    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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    Dreamer....any law that wants to take away your gun rights (aside from you going to jail for a crime, for example) are void.

    I would think that the law passed is actually void too as it implies that you have to get permission to keep the gov't from stealing your guns. You have argued that the state has jurisdiction over your guns.

    I don't need any law....

    A Libertarian viewpoint.
    Last edited by davidmcbeth; 10-10-2015 at 10:17 PM.

  6. #6
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Dreamer....any law that wants to take away your gun rights (aside from you going to jail for a crime) are void.

    I would think that the law passed is actually void too as it implies that you have to get permission to keep the gov't from stealing your guns. You have argued that the state has jurisdiction over your guns.

    I don't need any law....

    A Libertarian viewpoint.
    Does that mean you are willing to "come on down" and show these good people how to carry where the law says they may not?

    I'm sure that there are people who would support an offer similar to the one Skidmark made to you in the Virginia sub-forum.
    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 Grapeshot View Post
    Does that mean you are willing to "come on down" and show these good people how to carry where the law says they may not?

    I'm sure that there are people who would support an offer similar to the one Skidmark made to you in the Virginia sub-forum.
    As I have said before, I am not a teacher.

    Do you disagree with my opinion?

  8. #8
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    As I have said before, I am not a teacher.

    Do you disagree with my opinion?
    Yes, I disagree.

    Laws are not void because you say so. They may be voidable.

    We have a Forum Rule that covers that quite well......#15
    ".....................Even if you feel that a law is unconstitutional we do not break it, we repeal it or defeat it in the courts."
    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.

  9. #9
    Moderator / Administrator Grapeshot's Avatar
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    Indeed the law was changed as OCDO strongly recommends. In this case through the court system - not simply telling someone such restrictions are void.

    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.

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