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Thread: State of Emergency???

  1. #1
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    There have been several threads on the legality of carrying during a SOE.

    Just wondering if we are under one with the weather from last night. I thought I herd that we were on the radio.

    Where do you go to find when a SOE is declared and when it's lifted?

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    http://www.governor.state.nc.us/News...OrderList.aspx

    As of right now, no order has been issued.
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    Thanks!

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    Thankfully, severe weather doesn't bother us too much, even when a Tornado touches down. Someone can correct me if I am wrong, but when the Tornadoes rolled through western Guilford County and Forsyth Countyin 2008 I don't think a SoE was issued. When areas become impassible or communications break down, that's when we start to see SoE's.

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    I bloody stand corrected! High Point is declared to be in a SoE.

    However, I am not sure how this has an effect on carrying a firearm being that it is a Mayor issued SoE:

    I heard this first on News 14 Carolina and just saw it on WFMY's website: http://www.digtriad.com/news/local/a...39661&catid=57

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    Regular Member elixin77's Avatar
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    Yes, if someone can enlighten us as to the state laws concerning OC'ing during a SOE, that would be awesome.
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    NC General Statute says you can't carry a weapon at all unless you are on your own property.


    § 14-288.7. Transporting dangerous weapon or substance during emergency; possessing off premises; exceptions.
    (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:
    (1) In which a declared state of emergency exists; or
    (2) Within the immediate vicinity of which a riot is occurring.

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    Regular Member Dreamer's Avatar
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    From the way I read § 14-288.7, this only applies to SoE's declared by the Governor. As far as I know, these restrictions don't apply to SoE's declared by local officials, but I may be wrong on that...

    And of course, you may have a local ordinance or law that gives local officials similar powers, so check your LOCAL codes as well.

    But it is my interpretation that NCGS § 14-288.7 is explicitly applicable ONLY to an SoE declared by the Governor.

    But IANAL...

    If someone can enlighten us, I'd REALLY appreciate it. I'd volunteer to call the State AG for clarification, but I imagine they are getting tired of hearing my voice...

    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 aggressionand this is hogwash."
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    Oops, I totally missed that. "Mayor issued SoE"

    Guess I got too excited when I saw I knew the answer to something. LOL!

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    Regular Member Dreamer's Avatar
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    Sam wrote:
    NC General Statute says you can't carry a weapon at all unless you are on your own property.


    § 14-288.7. Transporting dangerous weapon or substance during emergency; possessing off premises; exceptions.
    (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:
    (1) In which a declared state of emergency exists; or
    (2) Within the immediate vicinity of which a riot is occurring.
    Upon further research into this issue, I found this additional statute that DOES give municipalities the ability to evoke § 14.288-7:

    § 14 288.12. Powers of municipalities to enact ordinances to deal with states of emergency.
    (a) The governing body of any municipality may enact ordinances designed to permit the imposition of prohibitions and restrictions during a state of emergency.
    (b) The ordinances authorized by this section may permit prohibitions and restrictions:
    (1) Of movements of people in public places;
    (2) Of the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate;
    (3) Upon the possession, transportation, sale, purchase, and consumption of alcoholic beverages;
    (4) Upon the possession, transportation, sale, purchase, storage, and use of dangerous weapons and substances, and gasoline; and
    (5) Upon other activities or conditions the control of which may be reasonably necessary to maintain order and protect lives or property during the state of emergency.
    So it looks like a mayor or city council CAN evoke § 14.288-7. In fact, there was a bit of a kerfuffle over this VERY issue earlier this winter (5, Feb. 2010) in King NC, when the Mayor declared a State of Emergency due to abnormally heavy snowfall.

    Paragraph 4 of §14.288.12 and §14.288-7 need to be repealed and stricken from the Statutes of NC in their entirety. They are relics of the racist laws put in place in 1969 in response to the Race Riots of that era, and were passed EXPRESSLY to keep "the wrong kinds of people" from carrying firearms during riots or other declared emergencies. This law was NEVER intended to be used to prevent people from carrying, transporting or purchasing firearms or ammo because of adverse weather conditions. But the unconstitutionally broad and vague wording of the law has allowed the Governor and municipal officials to do exactly that.

    The GOOD thing is that when you really get down to brass tacks, the ENFORCEMENT of this statute is up to the discretion of law enforcement. I doubt there are many Sheriff's departments in this state that would charge you under this statute if you were found ot be carrying in a snowstorm. However, this is EXACTLY the sort of excuse some Sheriffs departments and municipal LEAs would use to harass a lawful carrier.

    What is especially egregious about this statute is that is one of the only "Jim Crow" firearms laws on the NC books that DOES NOT have a CHP exemption...

    Be careful out there--it can be a minefield.

    But keep your hopes up--we're working on this one, and once Gov. Perdue is voted out of office in two years, we may have a good chance of getting NC statutes brought more in-line with the US Constitution, and with some of our more logical and reasonable neighbors like VA...

    Call your state Reps and Senators. Let them know that you think this law doe not make sense, is a violation of the Second Amendment, and the NC Constitution, and is an offensive relic of the Jim Crow era, and is an embarrassment to the good people of NC.
    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 aggressionand this is hogwash."
    --Barry Goldwater, 1964

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    completely foolish state of emergency gun laws

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    Regular Member elixin77's Avatar
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    To me, if an SoE is issued, that is the time I would want to carry the most.

    But, thats just me.
    Taurus PT1911 .45 ACP. Carried in condition 1, with a total of 25 rounds.

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    elixin77 wrote:
    To me, if an SoE is issued, that is the time I would want to carry the most.

    But, thats just me.
    Exactly. Anyone worth the air they breathe should want to be able to defend themselves whenever they choose, especially in a time of crisis.

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