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Thread: Carr ban in NC due to snow storm

  1. #1
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    Back in 2008, Sen. Madsen sponsored and successfully passed SB 157, "RIGHTS OF CITIZENS TO CARRY FIREARMS IN DECLARED EMERGENCY". The bill, "provides that during a declared state of emergency or local emergency neither the governor nor an agency of a governmental entity or political subdivision may impose restrictions on the lawful possession, transfer, sale, transport, storage, display, or use of a firearm or ammunition;

    "[And] provides that during a declared state of emergency an individual, while acting or purporting to act on behalf of the state or a political subdivision, may not confiscate a privately owned firearm of another individual;Many opponents said such a bill was not needed"

    Many opponents to this bill at the time said we did not need it. Well, I don't know that North Carolina is usually viewed as a draconian, anti-gun kind of State. But the following report demonstrates why it is important to limit the ability of government to infringe our rights. Methinks that during a major natural disaster or emergency when police and other resources are stretched thin is when law abiding citizens are most likely to need to exercise their rights to an effective self-defense.

    My thanks to Senator Madsen for his foresight, to Rep. Carl Wimmer for carrying this bill in the house, and to all those who supported this good bill in 2008.

    Of course, don't wait until disaster strikes to be buying ammo, or food, toilet paper, or any other necessity.

    Charles

    http://www.wxii12.com/news/22487153/detail.html

    KING, N.C. -- Authorities lifted curfew and alcohol restrictions in King on Sunday, but said a state of emergency declaration remained in effect until Monday.

    Authorities said the state of emergency declaration would continue until Monday 9 a.m., barring any unforeseen circumstances or severe changes.

    Effective Sunday afternoon, alcohol restrictions and a curfew were lifted. All other remaining restrictions would continue until Monday, said Paula May, King police chief.

    Other restrictions included a ban on the sale or purchase of any type of firearm, ammunition, explosive or any possession of such items off a person's own premises.

    Also on Sunday, the emergency shelter established by the American Red Cross at West Stokes High School was closed.

    "We appreciate the support and cooperation of everyone with our efforts to keep the citizens of King safe," May said.

    The state of emergency was declared Friday due to severe weather.
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
    --Marxist.org

    "Communism and Anarchy [are], a necessary complement to one another. "
    --PETER KROPOTKIN, "Anarchism: its philosophy and ideal." 1898.

  2. #2
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    Yet another reason I love Utah and choose to live here instead of the People's Republic of New Jersey!

    :celebrateI love Utah! :celebrate
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  3. #3
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    I have emailed both my State Representative and my State Senator referencing the article and thanking them for voting for SB 157 in 2008. I suggest that everyone whose representatives voted in favor of this do the same.

    To find out how your representatives voted, follow the vote links on http://le.utah.gov/~2008/status/sbillsta/sb0157s01.htm


  4. #4
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    So this is also in effect in utah as well...??

  5. #5
    State Researcher Kevin Jensen's Avatar
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    b1ack5mith wrote:
    So this is also in effect in utah as well...??
    Yes, here is the relevant law.

    63K-4-405. Prohibition of restrictions on and confiscation of a firearm or ammunition during an emergency.
    (1) As used in this section:
    (a) (i) "Confiscate" means for an individual in Utah to intentionally deprive another of a privately owned firearm.
    (ii) "Confiscate" does not include the taking of a firearm from an individual:
    (A) in self-defense;
    (B) possessing a firearm while the individual is committing a felony or misdemeanor; or
    (C) who may not, under state or federal law, possess the firearm.
    (b) "Firearm" has the same meaning as defined in Subsection 76-10-501(9).
    (2) During a declared state of emergency or local emergency under this chapter:
    (a) neither the governor nor an agency of a governmental entity or political subdivision of the state may impose restrictions, which were not in force prior to the declared state of emergency, on the lawful possession, transfer, sale, transport, storage, display, or use of a firearm or ammunition; and
    (b) an individual, while acting or purporting to act on behalf of the state or a political subdivision of the state, may not confiscate a privately owned firearm of another individual.
    (3) A law or regulation passed during a declared state of emergency that does not relate specifically to the lawful possession or use of a firearm and that has attached criminal penalties may not be used to justify the confiscation of a firearm from an individual acting in defense of self, property, or others when on:
    (a) the individual's private property; or
    (b) the private property of another as an invitee.
    (4) (a) An individual who has a firearm confiscated in violation of Subsection (2) may bring a civil action in a court having the appropriate jurisdiction:
    (i) for damages, in the maximum amount of $10,000, against a person who violates Subsection (2);
    (ii) for a civil penalty, in the amount of $5,000 per violation, against a person who violates Subsection (2); and
    (iii) for return of the confiscated firearm.
    (b) As used in this Subsection (4), "person" means an individual, the governmental entity on whose behalf the individual is acting or purporting to act, or both the individual and the governmental entity.
    (5) (a) A law enforcement officer shall not be subject to disciplinary action for refusing to confiscate a firearm under this section if:
    (i) ordered or directed to do so by a superior officer; and
    (ii) by obeying the order or direction, the law enforcement officer would be committing a violation of this section.
    (b) For purposes of this Subsection (5), disciplinary action might include:
    (i) dismissal, suspension, or demotion;
    (ii) loss of or decrease in benefits, pay, privileges or conditions of employment; and
    (iii) any type of written or electronic indication, permanent or temporary, on the officer's personnel record of the officer's refusal to obey the unlawful order.
    (6) (a) If a law enforcement officer commits a violation of this section, the officer's liability in an action brought under Subsection (4)(a) is limited to 5% of the damages and civil penalty allowed under Subsection (4)(a) if the officer can show by clear and convincing evidence that the officer was obeying a direct and unlawful order from a superior officer or authority.
    (b) The balance of the damages and civil penalty, the remaining 95%, shall be assessed against the superior officer or authority who ordered or directed the confiscation in violation of this section.
    "An armed society is a polite society. Manners are good when one may have to back up his acts with his life." Robert A. Heinlein

  6. #6
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    Me in NJ:X:?

    Me in UTAH! :celebrate:P:celebrate

    Don't take anything for granted while you live in Utah! Be involved!
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  8. #8
    Campaign Veteran marshaul's Avatar
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    Jesus, since when does snow constitute a State of Emergency warranting a curfew?

    WTF?

  9. #9
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    marshaul wrote:
    Jesus, since when does snow constitute a State of Emergency warranting a curfew?

    WTF?
    Here in the west it never does. I remember during the big storms of '92 that as Massachusetts was shutting down government offices and banning most driving, Utah was calling out the national guard to help clear the roads and keep traffic moving and business running.

    But back east, they routinely declare "snow emergencies" during which time restrictions may range from simple bans on on-street parking (to allow the plows to clear the roads), to fairly common bans on driving at all, to these fairly rare (but still highly offensive) curfews and other limits on personal freedom. I had professors back east that would sleep on campus or make arrangements for their head TA to get into their offices to retrieve exams in anticipation of not being able to make it to campus if a big storm were predicted during the night or early morning hours.

    The east coast thinking is that if the cops can't be out and about patrolling we need to keep everyone inside lest the mobs form and riots start.

    There is some rational basis for the concern. MANY homes have no more than one or two day's food in them. Many individuals, couples, and even families will literally shop for dinner almost every day on the way home from work. If there is any suggestion they might not be able to get out for a day or two, they go into panic and hoarding mode. It is not unheard of to have fights and riots in grocery stores over batteries, toilet paper, bottled water, and cans of soup.

    I expect San Fransisco and some other urban areas of Cali would have similar problems were they subjected to significant winter storms.

    With a few notable exceptions like New Hampshire and Vermont and rural areas of Michigan's UP, it is a whole different country east of the Mississippi as far as personal freedom goes. RKBA is just one, very visible indicator of such things.

    Charles
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
    --Marxist.org

    "Communism and Anarchy [are], a necessary complement to one another. "
    --PETER KROPOTKIN, "Anarchism: its philosophy and ideal." 1898.

  10. #10
    Lone Star Veteran DrMark's Avatar
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    I'm confused.

    Did NC pass this law in 2008, so that the King carry ban is violation of the law?

    Or did this bill pass in the NC Senate, but not end up signed into law, so the the King carry ban is legal?



  11. #11
    Campaign Veteran marshaul's Avatar
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    Interesting post, utbagpiper.

    FWIW, Virginia seems OK when it snows (we get a fair bit, and I've never seen a curfew). But, there are riots in the grocery stores here.

  12. #12
    State Researcher Kevin Jensen's Avatar
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    DrMark wrote:
    I'm confused.

    Did NC pass this law in 2008, so that the King carry ban is violation of the law?

    Or did this bill pass in the NC Senate, but not end up signed into law, so the the King carry ban is legal?
    Are you confused about the law I posted? If so, that is a UTAH law that was passed and signed in 2008.

    I don't know if North Carolina has a similar law.
    "An armed society is a polite society. Manners are good when one may have to back up his acts with his life." Robert A. Heinlein

  13. #13
    Lone Star Veteran DrMark's Avatar
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    SGT Jensen wrote:
    DrMark wrote:
    I'm confused.

    Did NC pass this law in 2008, so that the King carry ban is violation of the law?

    Or did this bill pass in the NC Senate, but not end up signed into law, so the the King carry ban is legal?
    Are you confused about the law I posted? If so, that is a UTAH law that was passed and signed in 2008.

    I don't know if North Carolina has a similar law.
    No, the original post on the situation in North Carolina confused me.



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