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Thread: Still illegal to carry ANY firearm in NC...

  1. #1
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    Just got an email from the Governor's Office confirming that the State of Emergency declared Sept. 4 in advance of Hanna and Ike remains in effect until oct. 3 - thereby making it illegal for anyone to transport a firearm of their premises under NCGS 14-288.7.
    [size=§ 14‑288.7. Transporting dangerous weapon or substance during emergency; possessing off premises; exceptions.]
    [size=(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:]

    [size=(1) In which a declared state of emergency exists; or]

    [size=(2) Within the immediate vicinity of which a riot is occurring.]

    [size=(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.]

    [size=(c) Any person who violates any provision of this section is guilty of a Class 1 misdemeanor.][size=(1969, c. 869, s. 1; 1993, c. 539, s. 192; 1994, Ex. Sess., c. 24, s. 14(c).)]

    WE HAVE GOT TO GET THIS LAW CHANGED !!!!

  2. #2
    Regular Member Sonora Rebel's Avatar
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    That's dumb. Was your Governor born in Maryland?

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    I don't see what the problem is. Why would you need a firearm during an emergency anyway?



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    Moderator / Administrator Grapeshot's Avatar
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    Wonder if premises = property?

    Under the present reading, it would appear that the normally overly aggressive LEs that might be out there would have a valid charge. :?

    Yata hey
    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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    Ever better, under the current law, ALL concealed carry permits are VOID during the "Emergency."



    Even carrying a firearm, locked in a case to the range is a violation of the law.

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    Moderator / Administrator Grapeshot's Avatar
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    RayBurton72 wrote:
    Ever better, under the current law, ALL concealed carry permits are VOID during the "Emergency."



    Even carrying a firearm, locked in a case to the range is a violation of the law.
    So the entire state - citizens at least - is disarmed and that would include travelers too.

    Yata hey
    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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    Well I'm taking my firearms to the range tomorrow to shoot along with several other people I know, so whatever with this law. During the hurricane weekend the range on Fort Bragg was as busy as ever. A month long state of emergency for a storm that gave us like 3 inches of rain weeks ago is ridiculous, and this law is ridiculous.

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    Just imagine how ridiculous it would have been if Easley had declared a "State of Emergency" for the drought like other governors did. That would have gone on for months.

    We have got to get this )and several other sections) of the NC firearms laws changed. Please support the organization that fight the political battles for those who wish to not be sheeple (note, I am not schilling for any particular organization).

    BTW, the current "emergency" is only scheduled to end Oct. 3. it can (and judging by the tone of the e-mail I got from the Gov's office, will be extended if certain state officials request one.

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    Somehow I doubt that has stopped anyone from carrying it certainly hasn’t stopped me.



    And imagine that the police still ignore me with my G22 right out in the open for anyone to see.

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    I spoke to the local PD, and they agreed that it would be silly to enforce that part of the law simply because there were storms about. I had the officer state very clearly that normal, legal carry would not be a problem with them. The only exception she made was that I shouldn't carry during a curfew. I told her I didn't like the curfews, either, but she just laughed and said "eh, can't help ya there" lol!

    I would suggest calling your local PD and asking them about the situation, since they're the ones that would be enforcing it.

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    While I agree with you that mostLEO's aren't going to bother, the problem is that thoseLEOs/prosecutors/government officials that would wish to exert their authorityactually have a charge tobring against someone - which at minimum would mean that if arrested for OCing, the government would be able to rely on this provision to defend themselves from what otherwise would be a successful civil rights lawsuit.

    Additionally, it gives the government the chance, if arrested, to keep and destroy your firearm.

    This law has slipped under the radar, which means when it comes back into view, it will likely take a big wet bite out of someone's backside.

  12. #12
    Moderator / Administrator Grapeshot's Avatar
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    RayBurton72 wrote:
    snip....
    Additionally, it gives the government the chance, if arrested, to keep and destroy your firearm.
    Destroy the evidence? Gasp - they wouldn't! Would they? :X

    Yata hey
    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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    As soon as you I get a response from you guys, I'm going to call my local PD and ask about carrying. I just don't know how to ask it. How should I go about wording it? I know this sounds kinda dumb but really I want to know how I should approach them.

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    Godscreation wrote:
    As soon as you I get a response from you guys, I'm going to call my local PD and ask about carrying. I just don't know how to ask it. How should I go about wording it? I know this sounds kinda dumb but really I want to know how I should approach them.
    Ask for clarification about whether the state of emergency is still under effect. They may very well tell you not to worry about it since the storms have passed. You can then say that you're asking because you legally carry a firearm for protection and you're aware that state law makes it illegal to carry during a state of emergency. That's when the woman I spoke to said "oh! Really? I really don't think that's a problem, but I'll go check just to make sure", which she did.

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    Interesting...I guess this means that every dealer at the show in Winston, this past weekend, was breaking the law. And so was everyone who brought something to sell...and everyone who bought something and took it home.

    I guess my new swiss K-31 will always have an extra special place in my safe...from now on, it will be known as my "State of Emergency Rifle"

    How appropriate for a K-31


    Grimstar

  16. #16
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    error will robinson, error

  17. #17
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    grimstar wrote:
    Interesting...I guess this means that every dealer at the show in Winston, this past weekend, was breaking the law. And so was everyone who brought something to sell...and everyone who bought something and took it home.

    I guess my new swiss K-31 will always have an extra special place in my safe...from now on, it will be known as my "State of Emergency Rifle"

    How appropriate for a K-31 lol


    Grimstar
    Oh yeah, there was a gun show here in New Bern this lastweekend, too! lol

  18. #18
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    I read that law and I can't stop laughing, my eyes are tearing.... what a joke

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    I agree this law is not likely to be enforced, but that doesn't change the fact that it is still on the books, and a very dangerous law at that.

  20. #20
    Regular Member Sonora Rebel's Avatar
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    Of course that PAID State employee in your service will remain clueless 'til 3 October.

    Y'all remember that next electionday.

  21. #21
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    I didn't know we were in a state of emergency... shows how much I watch television.

    Either way, it's not stopping me from carrying. Criminals don't take a day off because of a storm, neither do my guns.

    Stupid law.

  22. #22
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    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:]
    So, have your friend come over and take your pistol off the premises and you go over his house and do the same... that would get around the transport part -- now to think of a loophole around the possession...

  23. #23
    Moderator / Administrator Grapeshot's Avatar
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    Wynder wrote:
    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:]
    So, have your friend come over and take your pistol off the premises and you go over his house and do the same... that would get around the transport part -- now to think of a loophole around the possession...
    Sorry no cigar!

    Law says nothing about transporting your weapon.

    It is unlawful for any person to transport any dangerous weapon, except as otherwise provided.

    Yata hey
    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.

  24. #24
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    Grapeshot wrote:
    Sorry no cigar!

    Law says nothing about transporting your weapon.

    It is unlawful for any person to transport any dangerous weapon, except as otherwise provided.

    *** ** ** ** Yata hey
    No, it's illegal for any person to transport any dangerous weapon off his own premises. If the premises does not belong to the transporter, then it should not apply.

  25. #25
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    Wynder wrote:
    Grapeshot wrote:
    Sorry no cigar!

    Law says nothing about transporting your weapon.

    It is unlawful for any person to transport any dangerous weapon, except as otherwise provided.

    Yata hey
    No, it's illegal for any person to transport any dangerous weapon off his own premises. If the premises does not belong to the transporter, then it should not apply.
    Wait a second, it says his. What if it's a woman. Loophole! I'm kidding, I'm kidding... but seriously... wonder if that'd work.

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