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NC Second Amendment Rights Are Suspended

M

mekender

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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.
 
sultan62

sultan62

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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.
 
S

smn

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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).
Click to expand...

It could be worth a misdemeanor, and you'd have great standing to challenge it.
 
sultan62

sultan62

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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.
 
C

cricketdad

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Fayetteville, North Carolina, USA
mekender said:
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.
Click to expand...

They have been notified, waiting on a response.
 
M

mekender

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lonewolf2810 said:
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.
Click to expand...


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.
 
sultan62

sultan62

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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.
 
S

Smith45acp

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NC
Preble said:
and i was OCing and passed a cop
Click to expand...

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)
 
P

pileit1

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Belmont, North Carolina, USA
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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mekender

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pileit1 said:
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.
Click to expand...

Applies to the whole state

http://www.governor.state.nc.us/NewsItems/ExecutiveOrderDetail.aspx?newsItemID=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
Click to expand...
 
Dreamer

Dreamer

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Sep 23, 2009
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Grennsboro NC
pileit1 said:
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.
Click to expand...

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).)
Click to expand...
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/NewsItems/ExecutiveOrderDetail.aspx?newsItemID=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
Click to expand...
 
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elixin77

elixin77

Regular Member
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Feb 20, 2010
Messages
591
Location
Greenville, NC, ,
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.
 
Dreamer

Dreamer

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Sep 23, 2009
Messages
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Location
Grennsboro NC
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...

 
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