State of Emergency

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

http://www.ar15.com/forums/topic.html?b=1&f=5&t=996643

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nova wrote:

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

http://www.ar15.com/forums/topic.html?b=1&f=5&t=996643

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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/2010/02/north-carolina-emergency-restrictions.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/legp504.exe?000+cod+44-146.15):

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.

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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.

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Hopefully this will get put in a box in the ground where it belongs rather quickly.

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nova wrote:

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

http://www.ar15.com/forums/topic.html?b=1&f=5&t=996643

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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)

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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



[align=left]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. [/align]

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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".

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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.

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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.

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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?

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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.

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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...

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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.

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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?

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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.

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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?

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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".

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grab a bunch of these NC and go fix that problem.