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Thread: NC Second Amendment Rights Are Suspended

  1. #1
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    NC Second Amendment Rights Are Suspended

    As of this afternoon, our governor has declared a state of emergency for the state of North Carolina.

    Because of state law, it is now illegal to carry any firearms off your own property.

    I have already emailed the Second Amendment Foundation about this.

    www.saf.org

    I suggest everyone else do the same.

  2. #2
    Regular Member Sahib0120's Avatar
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    What's the emergency for?

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    Is it a given that a state of emergency means no guns off-property, or is it an option? I can't remember/find the statute.

    Regardless, the possibility is absolutely ridiculous. One more thing to work on in NC.

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    Regular Member sultan62's Avatar
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    Quote Originally Posted by Sahib0120 View Post
    What's the emergency for?
    Hurricane Earl.

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    From the SAF complaint:
    North Carolina Gen. Stat. § 14-288.7(a) provides, in pertinent part, “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.” Violation of this provision is a Class 1 misdemeanor. N.C. Gen. Stat. § 14-288.7(c). The term “[d]angerous weapon or substance” includes “[a]ny deadly weapon, ammunition . . .” N.C. Gen. Stat. § 14-288.1(2).
    It could be worth a misdemeanor, and you'd have great standing to challenge it.

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    Regular Member sultan62's Avatar
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    So I can't even go to the range?!? My f***ing ass.

    Carrying concealed w/o a permit is also a misdemeanor. I am most certainly not advocating illegal carry for anyone out there, especially if you consider the risk of arrest greater than the risk of death. I am simply pointing this out as a completely irrelevant fact.

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    Quote Originally Posted by smn View Post
    From the SAF complaint:


    It could be worth a misdemeanor, and you'd have great standing to challenge it.
    We all already have standing as it puts us under threat of arrest if we do not comply.

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    Regular Member lonewolf2810's Avatar
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    They should make it just for the outer banks as that is the only place that has a chance of any damage. What a moron we have for a Governor.

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    Quote Originally Posted by mekender View Post
    As of this afternoon, our governor has declared a state of emergency for the state of North Carolina.

    Because of state law, it is now illegal to carry any firearms off your own property.

    I have already emailed the Second Amendment Foundation about this.

    www.saf.org

    I suggest everyone else do the same.
    They have been notified, waiting on a response.

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    Quote Originally Posted by lonewolf2810 View Post
    They should make it just for the outer banks as that is the only place that has a chance of any damage. What a moron we have for a Governor.

    I wouldnt say that... declaring an emergency is the only way to get the federal relief funding process started.

    What we have is a legislature full of people that see it to be their duty to control everyone's life.

  11. #11
    Regular Member sultan62's Avatar
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    Here's a novel idea...

    How about we only declare a state of emergency when there's actually an emergency?

    I started to write a post about everything in this situation that needs to be fixed, then realized I'd be up half the night typing.

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    its says even ammo?

    funny cause i just bought ammo from walmart like 10 mins ago.

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    and i was OCing and passed a cop

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    Quote Originally Posted by Preble View Post
    and i was OCing and passed a cop
    I pulled up next to two in a squad car at a light on my motorcycle about 15 minutes ago. Got a look and nothing else. I bet there are some cops out there who would give an OC'er crap about this provision of the law but just don't know they're missing an opportunity. I would hate to get arrested for this charge but at least then we'd have a good fight on our hands (in the courtroom of course)

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    I believe the declared "State of Emergency" is only for a few specific counties along the coast. That's what I've been hearing in radio news reports on WBT in Charlotte. The Gov. herself even spoke of the State of Emergency in "some" counties.

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    Quote Originally Posted by pileit1 View Post
    I believe the declared "State of Emergency" is only for a few specific counties along the coast. That's what I've been hearing in radio news reports on WBT in Charlotte. The Gov. herself even spoke of the State of Emergency in "some" counties.
    Applies to the whole state

    http://www.governor.state.nc.us/News...ewsItemID=1328

    9/1/2010
    EO 62: Proclamation of a state of Emergency

    EXECUTIVE ORDER NO. 62

    PROCLAMATION OF A STATE OF EMERGENCY
    BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA
    DUE TO HURRICANE EARL

    Pursuant to the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina:

    Section 1.

    I declare that a state of emergency exists in the State due to the approach of Hurricane Earl.

    Section 2.

    I order all state and local government entities and agencies to cooperate in the implementation of the provisions of this proclamation and the provisions of the North Carolina Emergency Operations Plan.

    Section 3.

    I delegate to Reuben F. Young, Secretary of Crime Control and Public Safety, or his designee, all power and authority granted to me and required of me by Article 1 of Chapter 166A of the General Statutes and Article 36A of Chapter 14 of the General Statutes for the purpose of implementing the State’s Emergency Operations Plan and to take such further action as is necessary to promote and secure the safety and protection of the populace in North Carolina.

    Section 4.

    Further, Secretary Young, as chief coordinating officer for the State of North Carolina, shall exercise the powers prescribed in G.S. § 143B-476.
    Section 5.

    I further direct Secretary Young to seek assistance from any and all agencies of the United States Government as may be needed to meet the emergency and seek reimbursement for costs incurred by the State in responding to this emergency.

    Section 6.

    I hereby order this proclamation: (a) to be distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; (b) unless the circumstances of the state of emergency prevent or impede, to be promptly filed with the Secretary of Crime Control and Public Safety, the Secretary of State, and the clerks of superior court in the counties to which it applies; and (c) to be distributed to others as necessary to assure proper implementation of this proclamation.

    Section 7.

    This Executive Order is effective immediately and shall remain in effect for thirty (30) days or the duration of the emergency, whichever is less.

    IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this day first of September in the year of our Lord two thousand and ten, and of the Independence of the United States of America the two hundred and thirty-fifth.



    __________________________________________
    Beverly Eaves Perdue
    Governor


    ATTEST:



    __________________________________________
    Elaine F. Marshall
    Secretary of State

  17. #17
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    Quote Originally Posted by pileit1 View Post
    I believe the declared "State of Emergency" is only for a few specific counties along the coast. That's what I've been hearing in radio news reports on WBT in Charlotte. The Gov. herself even spoke of the State of Emergency in "some" counties.
    Under NC Statutes, the declaration by the Governor of a State of Emergency makes it a Class 1 Misdemeanor to carry, transport, or possess a firearm on your person or in your vehicle ANYWHERE and EVERYWHERE in the state of NC with the exception of on your own property.

    North Carolina General Statutes § 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.
    (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.
    (c) Any person who violates any provision of this section is guilty of a Class 1 misdemeanor. (1969, c. 869, s. 1; 1993, c. 539, s. 192; 1994, Ex. Sess., c. 24, s. 14(c).)
    No OC. No CC with a permit. No hunting. No trips to the range. No buying a new gun at a store and transporting it home. No taking a firearm to a gunsmith.

    ALL transport, possession, or carry of firearms (except on your own property) for ANY reason, is prohibited under the North Carolina Emergency Operations Plan. Period. End of discussion...

    Unless you're an LEO, then you get a pass..


    The wording of the Executive Order #62 clearly says that this "state of emergency exists in the State due to the approach of Hurricane Earl." It makes no mention of specific counties, towns, cities, or municipalities. EO62 is for the ENTIRE state of North Carolina.

    http://www.governor09.nc.gov/NewsIte...ewsItemID=1328

    9/1/2010 EO 62: Proclamation of a state of Emergency

    EXECUTIVE ORDER NO. 62
    PROCLAMATION OF A STATE OF EMERGENCY
    BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA
    DUE TO HURRICANE EARL
    Pursuant to the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina:
    Section 1.
    I declare that a state of emergency exists in the State due to the approach of Hurricane Earl.
    Section 2.
    I order all state and local government entities and agencies to cooperate in the implementation of the provisions of this proclamation and the provisions of the North Carolina Emergency Operations Plan.
    Section 3.
    I delegate to Reuben F. Young, Secretary of Crime Control and Public Safety, or his designee, all power and authority granted to me and required of me by Article 1 of Chapter 166A of the General Statutes and Article 36A of Chapter 14 of the General Statutes for the purpose of implementing the State’s Emergency Operations Plan and to take such further action as is necessary to promote and secure the safety and protection of the populace in North Carolina.
    Section 4.
    Further, Secretary Young, as chief coordinating officer for the State of North Carolina, shall exercise the powers prescribed in G.S. § 143B-476.
    Section 5.
    I further direct Secretary Young to seek assistance from any and all agencies of the United States Government as may be needed to meet the emergency and seek reimbursement for costs incurred by the State in responding to this emergency.
    Section 6.
    I hereby order this proclamation: (a) to be distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; (b) unless the circumstances of the state of emergency prevent or impede, to be promptly filed with the Secretary of Crime Control and Public Safety, the Secretary of State, and the clerks of superior court in the counties to which it applies; and (c) to be distributed to others as necessary to assure proper implementation of this proclamation.
    Section 7.
    This Executive Order is effective immediately and shall remain in effect for thirty (30) days or the duration of the emergency, whichever is less.
    IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this day first of September in the year of our Lord two thousand and ten, and of the Independence of the United States of America the two hundred and thirty-fifth.

    __________________________________________
    Beverly Eaves Perdue
    Governor

    ATTEST:

    __________________________________________
    Elaine F. Marshall
    Secretary of State
    Last edited by Dreamer; 09-02-2010 at 10:58 PM.
    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

  18. #18
    Regular Member elixin77's Avatar
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    So I have this shotgun thats supposed to be coming in in not too long. I kind of hope that it comes in tomorrow, so when I can't go pick it up, I have the opportunity to file a lawsuit against Purdue for disrupting my pursuit of happiness, which last I checked, is guaranteed by the constitution.

    Side note: now watch, because she-devil declared a SoE, the hurricane is going to swing wide, and leave *all* of NC untouched. If that happens, I hope she gets a flood of angry responses. Even if it doesn't happen, I hope she gets a flood of angry responses because of her acts tonight.

    This sht psses me the fck off.
    Taurus PT1911 .45 ACP. Carried in condition 1, with a total of 25 rounds.

    Vice President of Students for Concealed Carry on Campus, ECU Chapter

  19. #19
    Regular Member Dreamer's Avatar
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    EVERY resident of NC who owns a firearm--whether they carry or not--should call the Governor, AG, and their State Representatives ASAP, and voice their displeasure with this anti-gun provision of the NC State of Emergency statute...

    If you don't know who your State Rep and State Senator are, go to this website, and look them up, then call them:

    http://www.ncleg.net/

    Let them know that you think that it's silly that the perceived possibility of some foul weather make it illegal for you to take your lawfully-owned firearms off your own property--for ANY reason--under North Carolina General Statutes § 14-288.7.

    Let them know that The Second Amendment Foundation is ALREADY pursuing a lawsuit to get this law revoked.

    And let them know that unless they do everything they can to remove this silly statute from the books in NC, you will work to send them to the unemployment office next election...


    GRNC does some GREAT work, but the real power is in the hands of the PEOPLE. If they get a few hundred calls in Raleigh tomorrow, maybe things might get changed before SAF and Alan Gura are forced to add NC to their list of states they had to give a judicial smack-down...

    Last edited by Dreamer; 09-02-2010 at 01:29 AM.
    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

  20. #20
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    Quote Originally Posted by Preble View Post
    its says even ammo?

    funny cause i just bought ammo from walmart like 10 mins ago.

    Criminal

  21. #21
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    Quote Originally Posted by Preble View Post
    and i was OCing and passed a cop

    just shows how STUPID this situation is

  22. #22
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    Quote Originally Posted by Dreamer View Post
    EVERY resident of NC who owns a firearm--whether they carry or not--should call the Governor, AG, and their State Representatives ASAP, and voice their displeasure with this anti-gun provision of the NC State of Emergency statute...

    If you don't know who your State Rep and State Senator are, go to this website, and look them up, then call them:

    http://www.ncleg.net/

    Let them know that you think that it's silly that the perceived possibility of some foul weather make it illegal for you to take your lawfully-owned firearms off your own property--for ANY reason--under North Carolina General Statutes § 14-288.7.

    Let them know that The Second Amendment Foundation is ALREADY pursuing a lawsuit to get this law revoked.

    And let them know that unless they do everything they can to remove this silly statute from the books in NC, you will work to send them to the unemployment office next election...


    GRNC does some GREAT work, but the real power is in the hands of the PEOPLE. If they get a few hundred calls in Raleigh tomorrow, maybe things might get changed before SAF and Alan Gura are forced to add NC to their list of states they had to give a judicial smack-down...

    I see one thing wrong with your statement and that is the word UNLESS. WE need to throw the bums out in November regardless of what they do.

    This election is extremely important. The party in power in January 2011 will redraw the voting districts. We could have another ten years of even more bullet proof dems.

    Anyone that wants to help make a change, go to www.grnc.org and donate to the Remember In November project. Volunteer to help out. There are 29 districts that we want to target. It takes money and volunteers.

    Just realized I missed something else. The only way this will be changed before next year is for the Governor to call an emergency session of the House and Senate. Anyone here think that is going to happen?
    Last edited by cricketdad; 09-02-2010 at 05:01 AM.

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    Let's see...dove season starts Saturday. How many hunters are going to be out buying shotgun shells today and tomorrow in preparation for opening day? Better alert the police that there are going to be a lot of law breakers out there...could be mass arrests...wouldn't that be a lovely site to illustrate the idiocy of this law.

  24. #24
    Regular Member Northerner's Avatar
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    Gun Show scheduled this weekend too

    S&D Gun Show scheduled in Wilmington this weekend (9/4-5) at the National Guard Armory. If the SoE is still in effect wouldn't it have to be cancelled?

    Earl should be well clear on NC by then, but how long does the SoE need to last for the State to get Federal FEMA $$$....that is one of the reasons it was declared, besides mobilization of other resources.

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    man

    man this sucks. My new pistol is due to arrive at the FFL today for pickup. Looks like I'll have to wait, dammit.

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