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Thread: State of Emergency

  1. #1
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    We don't have anything like this in VA, do we?

    http://www.ar15.com/forums/topic.htm...5&t=996643



  2. #2
    Founder's Club Member - Moderator ed's Avatar
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    nova wrote:
    We don't have anything like this in VA, do we?

    http://www.ar15.com/forums/topic.htm...5&t=996643
    AN ANSWER i WAS SENT:

    The issue there was that such measures are expressly authorized by North
    Carolina law. In fact, the ban on possessing "dangerous weapons"
    outside their own premises is automatic in a declared emergency in NC.
    No local ban required.

    http://sailorcurt.blogspot.com/2010/...trictions.html

    North Carolinians have no recourse other than to work to get the law
    changed. Virginians, on the other hand, already have the benefit of the
    law on our side.

    Code of Virginia § 44-146.15
    (http://leg1.state.va.us/cgi-bin/legp...+cod+44-146.15):

    [QUOTE]
    Nothing in this chapter is to be construed to:

    (3) Empower the Governor, any political subdivision, or any other
    governmental authority to in any way limit the rights of the people to
    keep and bear arms as guaranteed by Article I, Section 13 of the
    Constitution of Virginia or the Second Amendment of the Constitution of
    the United States, including the lawful possession, sale, or transfer of
    firearms except to the extent necessary to ensure public safety in any
    place or facility designated or used by the Governor, any political
    subdivision of the Commonwealth or any other governmental entity as an
    emergency shelter or for the purpose of sheltering persons;
    [END QUOTE]

    And HB1070 is our remedy for the prohibition against carrying in
    emergency shelters.

    Of course, that doesn't mean that some locality won't try to ban guns
    illegally, but it would be an illegal act in Virginia, in North
    Carolina, it is not.

    So, theoretically speaking, it's not something we should have to worry
    about handling.



    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
    - - - -
    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

  3. #3
    Regular Member wylde007's Avatar
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    Don't worry, this bull-pucky from King, NC has gotten legs and is ALL OVER the internetz... NC is due for some liberty revision and this could help encourage them to abolish their turn-of-the-century Jim Crow-esque, protectionist laws.

    I mean, this is being discussed on EVERY message board I have been on in the past few days, with any number of political leanings.

    Dan Casey is probably considering moving there as we speak.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

  4. #4
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    Hopefully this will get put in a box in the ground where it belongs rather quickly.
    Why open carry? Because 1911 > 911.

  5. #5
    Regular Member Thundar's Avatar
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    nova wrote:
    We don't have anything like this in VA, do we?

    http://www.ar15.com/forums/topic.htm...5&t=996643


    Constitution of Virginia

    ARTICLE I

    Bill of Rights

    A DECLARATION OF RIGHTS made by the good people of Virginia in the exercise of their sovereign powers, which rights do pertain to them and their posterity, as the basis and foundation of government.


    Section 7. Laws should not be suspended.

    That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised

    Section 13. Militia; standing armies; military subordinate to civil power.

    That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power


    So the answer is no, the governor and local authoritiesdo not have any such power to suspend laws let alone rights. If that ability exists at all it rests with the legislature (consent of the representatives of the people)
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  6. #6
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    Constitution of the State of North Carolina

    PREAMBLE

    We, the people of the State of North Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for the preservation of the American Union and the existence of our civil, political and religious liberties, and acknowledging our dependence upon Him for the continuance of those blessings to us and our posterity, do, for the more certain security thereof and for the better government of this State, ordain and establish this Constitution.

    ARTICLE I

    DECLARATION OF RIGHTS

    That the great, general, and essential principles of liberty and free government may be recognized and established, and that the relations of this State to the Union and government of the United States and those of the people of this State to the rest of the American people may be defined and affirmed, we do declare that:

    Sec. 2. Sovereignty of the people.

    All political power is vested in and derived from the people; all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.

    Sec. 7. Suspending laws.

    All power of suspending laws or the execution of laws by any authority, without the consent of the representatives of the people, is injurious to their rights and shall not be exercised.

    Sec. 30. Militia and the right to bear arms.

    A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed; and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power. Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.


    http://statelibrary.ncdcr.gov/nc/STGOVT/preamble.HTM#I



    Observing that theability of the people to keep and openly bear arms without infringement is considered a right as declared within the NC Constitution it would appear that the legislature is constituionally barred from infringing this right until the protection is removed from the constitution. Further, although Section 7 allows for the suspension of laws, the legislature has no authority to enact laws to limit openly born arms. However, the carrying of concealed weapons is not a constitutionally protected act, therefore the legislature (the representatives of the people) could suspend the laws, which may allow for the carrying of concealed weapons. With this said, it appears that the enacted legislation which limits the bearing of openly carried arms during a declared state of emergency is un-constitutional on its face in North Carolina.

  7. #7
    Regular Member wylde007's Avatar
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    Exactly. A stronger preemption statute in NC would go a long way to removing the unconstitutionality of many of their local "laws".
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

  8. #8
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    I would have to look further into the NC constitution, but it would seem to me that cities, towns and such are incorporated at the pleasure of the legislature of NC. As such, it is non-sensical to think that these incorporations would have the lattitude to make restrictions that theirincorporator cannot. Pre-emption of local laws, would be applicable to weapons carried concealed, however, since the Constitution of NC allows for this type of restriction.

  9. #9
    Regular Member wylde007's Avatar
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    jmelvin wrote:
    I would have to look further into the NC constitution, but it would seem to me that cities, towns and such are incorporated at the pleasure of the legislature of NC. As such, it is nonsensical to think that these incorporations would have the latitude to make restrictions that theirincorporator cannot. Preemption of local laws, would be applicable to weapons carried concealed, however, since the Constitution of NC allows for this type of restriction.
    We thought that here in Virginia and yet required a preemption statute to prevent the cities and counties from violating our rights.

    What good are Constitutions if governments don't honour them?
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

  10. #10
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    If the legislative bodies did their job, rather than writing a "pre-emption" statute to cover local ordinances that violate the state constitution, the action should be to revoke the localities incorporation. If you don't have a local government, then they can't write laws that violate the constitution to which they are incorporated.

    Of course, in the case of North Carolina, the carrying of concealed weapons is explicitly not a protected act. Thus, if the state government wants to ensure weapons law is uniform throughout, a "pre-emption" statute would need to be enacted since local regulation of concealed weapons is not a constitutionally prohibited infringement.

  11. #11
    Regular Member Dreamer's Avatar
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    We're working toward getting this law repealed. This has been an issue since last summer on this forum, when it was brought up in reference to the "state of emergency" declared in the Western counties with regard to a massive landslide that closed down parts of Interstate-40 for several months...

    This law is based in racism (it was enacted to prevent Blacks and Native Americans from protecting themselves against attacks from the Klan during racial strife in the early 20th century) and is an appalling embarrassment to ALL free citizens of our fine state.

    Jim Crow has no place in the 21st Century, and he needs to be COMPLETELY and decisively dismembered and buried in a DEEP DEEP hole, once and for all...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

  12. #12
    Regular Member Thundar's Avatar
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    wylde007 wrote:
    jmelvin wrote:
    I would have to look further into the NC constitution, but it would seem to me that cities, towns and such are incorporated at the pleasure of the legislature of NC. As such, it is nonsensical to think that these incorporations would have the latitude to make restrictions that theirincorporator cannot. Preemption of local laws, would be applicable to weapons carried concealed, however, since the Constitution of NC allows for this type of restriction.
    We thought that here in Virginia and yet required a preemption statute to prevent the cities and counties from violating our rights.

    What good are Constitutions if governments don't honour them?
    You are right. Legislatures will over step from time to time, even though legilators take an oath to support the constitutions. It is the Judicial branches job to void unconstitutional law. Doesn't happen nearly enough.



    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  13. #13
    Lone Star Veteran DrMark's Avatar
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    I cannot access arfcom to read the linked thread, but apparently is on this topic: http://opencarry.mywowbb.com/forum52/37811.html

    I'm not clear on NC's situation.

    Did NC pass a 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?


  14. #14
    Campaign Veteran T Dubya's Avatar
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    North Carolinians have fallen asleep at the wheel. This isn't the only thing they have to worry about. They have an out of control legislature, judicialand media down there.

    Duke lacrosse anyone? Emily Haddock? The "racial justice act".
    "These are the shock troops (opencarry.org) of the gun lobby. And, they are not going away."
    Ceasefire NJ Director Brian Miller, NJ.com, August 20, 2009

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    Regular Member ChinChin's Avatar
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    grab a bunch of these NC and go fix that problem.
    The problem with the internet is nobody can really tell when you’re serious and when you’re being sarcastic. –Abraham Lincoln

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