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Thread: GRNC Alert 09-01-10: Gov. Perdue's Order Suspends Rights of NC Gun Owners

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    GRNC Alert 09-01-10: Gov. Perdue's Order Suspends Rights of NC Gun Owners

    Grass Roots North Carolina, P.O. Box 10684, Raleigh, NC 27605
    919-664-8565, www.grnc.org, GRNC Alert Hotline: (919) 562-4137

    GRNC Alert 09-01-10:
    Gov. Perdue's Order Suspends Rights of NC Gun Owners

    HIS NAME IS EARL AND YOUR RIGHTS ARE NIL

    With the approach of Hurricane Earl, the North Carolina state of emergency statute (N.C. Gen. Stat. 14-288.7) has once again reared its ugly head. Gov. Perdue has declared a state of emergency for the entire state of North Carolina. As a result it is a Class 1 misdemeanor "for any person to transport or possess off his own premises any dangerous weapon or substance." There is no exception for recreational shooting. There is no exception for hunting. There is no exception for having a concealed carry permit. The prohibition applies to all possession -- open carry, concealed carry and transportation in a vehicle.

    GUESS WHAT SATURDAY IS!

    Anybody? That's right... Dove season opens Saturday at noon. Unless Earl is well past NC and the SoE has been lifted (not likely), every hunter who doesn't live in the dove field is a criminal.

    Following the state of emergency declared this winter in King, GRNC attempted legislation to solve this problem. Now GRNC is part of the lawsuit filed against the state of N.C. on this very issue. Attorney Alan Gura - who won the Heller and McDonald decisions affirming the Second Amendment as an individual right and overturning the gun bans in DC and Chicago - helms this case.

    Elections have consequences and this November, you have a unique opportunity to change the landscape of the N.C. General Assembly. Not only would this allow legislation like that attempted by GRNC to pass, it will set up a friendlier environment for the redistricting of U.S. Congressional districts. Remember last time this allowed Brad Miller to custom design the 13th district just for himself. Elections have consequences. Make them positive.

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  2. #2
    Regular Member Dreamer's Avatar
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    As much as I hate to say it, I hope that there are a WHOLE LOT of Class 1 Misdemeanor tickets written this weekend to otherwise law-abiding gun owners.

    They can all then join in SAF's lawsuit against the State to have this silly statute wiped from the books.

    I'm traveling to MD this weekend, and as is my usual policy when making a 300+ mile road trip, I will be traveling with my legally-owned firearm.

    I think every gun owner in NC should, in an act of state-wide civil disobedience, OC for the duration of this "state of emergency".

    I know I will be...
    Last edited by Dreamer; 09-02-2010 at 12:07 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

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    Quote Originally Posted by Dreamer View Post
    As much as I hate to say it, I hope that there are a WHOLE LOT of Class 1 Misdemeanor tickets written this weekend to otherwise law-abiding gun owners.

    They can all then join in SAF's lawsuit against the State to have this silly statute wiped from the books.

    I'm traveling to MD this weekend, and as is my usual policy when making a 300+ mile road trip, I will be traveling with my legally-owned firearm.

    I think every gun owner in ND should, in an act of state-wide civil disobedience, OC for the duration of this "state of emergency".

    I know I will be...
    Realistically, you don't have to actually be arrested to have standing for this. The "harm" would be that you were under threat of arrest.

    Hell, as a resident of the state, you have standing because you suffer under this law every time a state of emergency is declared.

  4. #4
    Regular Member Dreamer's Avatar
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    But the point is, if a few hundred people get cited for this, and join in SAFs lawsuit, it makes for a MUCH stronger case, because it shows that this stupid law is a clear, direct, and egregious infringement on the rights of a LARGE portion of the NC population.

    A good argument is good, and Alan Gura is the KING of good judicial argument.

    But a few hundred law-abiding citizens standing behind him, waving citations in the air for violating a statute that is unconstitutional, immoral, and downright stupid would make a pretty big statement...
    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

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    Quote Originally Posted by Dreamer View Post
    But the point is, if a few hundred people get cited for this, and join in SAFs lawsuit, it makes for a MUCH stronger case, because it shows that this stupid law is a clear, direct, and egregious infringement on the rights of a LARGE portion of the NC population.

    A good argument is good, and Alan Gura is the KING of good judicial argument.

    But a few hundred law-abiding citizens standing behind him, waving citations in the air for violating a statute that is unconstitutional, immoral, and downright stupid would make a pretty big statement...
    I have already contacted the SAF with my intent to join the suit. I suggest everyone else do the same.

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    Regular Member TheFreeman's Avatar
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    A bunch of people getting into trouble isn't going to help much unless they know where to go, such as the SAF, and how to fight back after the fact.

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    Regular Member Northerner's Avatar
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    If you do OC or even CC AND get cited, use a fire arm you are willing have stolen and destroyed by the State!

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    Regular Member sultan62's Avatar
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    Quote Originally Posted by Northerner View Post
    If you do OC or even CC AND get cited, use a fire arm you are willing have stolen and destroyed by the State!
    Unfortunately, I don't have any of those ATM. Fortunately, I'm leaving the state for the weekend anyway, I'll just have to be sneaky for the hour or so I'm on the road in-state.

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    Regular Member elixin77's Avatar
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    Quote Originally Posted by Northerner View Post
    If you do OC or even CC AND get cited, use a fire arm you are willing have stolen and destroyed by the State!
    Why would the firearm be destroyed in a class 1 misdemeanor?

    I thought judges only do that if they feel particularly spiteful
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    Regular Member Ruger's Avatar
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    Quote Originally Posted by elixin77 View Post
    Why would the firearm be destroyed in a class 1 misdemeanor?

    I thought judges only do that if they feel particularly spiteful

    Tell that to Joseph McVey.
    Carry on!

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    Quote Originally Posted by Dreamer View Post
    But the point is, if a few hundred people get cited for this, and join in SAFs lawsuit, it makes for a MUCH stronger case, because it shows that this stupid law is a clear, direct, and egregious infringement on the rights of a LARGE portion of the NC population.

    A good argument is good, and Alan Gura is the KING of good judicial argument.

    But a few hundred law-abiding citizens standing behind him, waving citations in the air for violating a statute that is unconstitutional, immoral, and downright stupid would make a pretty big statement...
    I agree with you. The statute is unconstitutional on its face since McDonald. The 2A applies to NC just as much as it applies to Chicago. You have too many scumbag democrats in NC. Time to clean house and fumigate your state capital. And become a free state. This law must be challenged and overturned.

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    Quote Originally Posted by Gunslinger View Post
    I agree with you. The statute is unconstitutional on its face since McDonald. The 2A applies to NC just as much as it applies to Chicago. You have too many scumbag democrats in NC. Time to clean house and fumigate your state capital. And become a free state. This law must be challenged and overturned.
    It is being challenged. Just as soon as the McDonald decision was announced a lawsuit was filed by Alan Gura.
    Part of the announcement:

    FOR IMMEDIATE RELEASE: 6/29/2010

    GRNC Joins Suit Against North Carolina Gun Ban Lawsuit follows
    Supreme Court McDonald v. Chicago decision

    RALEIGH, NC - Grass Roots North Carolina has joined Michael Bateman,
    Virgil Green, Forrest Minges, Jr., and the Second Amendment Foundation
    in a lawsuit against the state's emergency powers gun ban.

    Named in the suit are North Carolina Gov. Beverly Perdue; Reuben
    Young, secretary of the Department of Crime Control and Public Safety;
    Stokes County and the City of King.

    Filed in U.S. District Court for the Eastern District of North
    Carolina, the lawsuit contends state statutes forbidding carrying of
    firearms and ammunition during declared states of emergency, as well
    as laws enabling government officials to prohibit purchase, sale and
    possession of firearms and ammunition are unconstitutional because
    they forbid the exercise of Second Amendment rights as affirmed by
    Monday's Supreme Court ruling in McDonald v. Chicago.

    Plaintiffs are represented by attorney Alan Gura, who won the recent
    McDonald v. Chicago Second Amendment case and the landmark D.C. v.
    Heller case preceding it. Local counsel includes Andrew Tripp and
    Kearns Davis of Brooks, Pierce, McLendon, Humphrey & Leonard, LLC.

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    Glad I live in Idaho! No hurricanes! Also Idaho HB 229 prohibits such actions in emergencies and declarations of martial law, etc.

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    FOR IMMEDIATE RELEASE

    Dove Season Opens as Scheduled on Sept. 4

    RALEIGH, N.C. (Sept. 2) – Despite North Carolina’s current state of emergency, dove season will open as scheduled at noon on Sept. 4.

    After Gov. Perdue declared a state of emergency on Wednesday due to the impending arrival of Hurricane Earl, the N.C. Wildlife Resources Commission received numerous calls from the public asking if dove hunting will be allowed beginning this weekend. The Governor’s Office has informed the N.C. Wildlife Resources Commission that nothing in the current emergency declaration, Executive Order 62, invokes any provision of law that would prohibit lawful hunting activities, including transporting a firearm to and from a hunting location (subject to local emergency ordinances to the contrary). Hunters in coastal areas should stay tuned to local media for the latest updates on Hurricane Earl and related emergency conditions that could affect the safety of themselves or others.

    For more information on hunting, visit www.ncwildlife.org.

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    Quote Originally Posted by calynn View Post
    FOR IMMEDIATE RELEASE

    Dove Season Opens as Scheduled on Sept. 4

    RALEIGH, N.C. (Sept. 2) – Despite North Carolina’s current state of emergency, dove season will open as scheduled at noon on Sept. 4.

    After Gov. Perdue declared a state of emergency on Wednesday due to the impending arrival of Hurricane Earl, the N.C. Wildlife Resources Commission received numerous calls from the public asking if dove hunting will be allowed beginning this weekend. The Governor’s Office has informed the N.C. Wildlife Resources Commission that nothing in the current emergency declaration, Executive Order 62, invokes any provision of law that would prohibit lawful hunting activities, including transporting a firearm to and from a hunting location (subject to local emergency ordinances to the contrary). Hunters in coastal areas should stay tuned to local media for the latest updates on Hurricane Earl and related emergency conditions that could affect the safety of themselves or others.

    For more information on hunting, visit www.ncwildlife.org.
    The WRC has no authority to override state law. 14-288.7 kicks in automatically without any need for the executive order to specify it going active.

    Even if they say they will not enforce it, it is still a law on the books and active until it is repealed by the state legislature or struck down by the courts.

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    Quote Originally Posted by carracer View Post
    Glad I live in Idaho! No hurricanes! Also Idaho HB 229 prohibits such actions in emergencies and declarations of martial law, etc.
    Thanks for stopping in to taunt us.
    Carry on!

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    Quote Originally Posted by Ruger View Post
    Tell that to Joseph McVey.
    I believe the judge in that incident destroyed mcVey's gun to be spiteful as well.
    Taurus PT1911 .45 ACP. Carried in condition 1, with a total of 25 rounds.

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    Regular Member lonewolf2810's Avatar
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    I just received this e-mail from the NC Wildlife commission reads as follows:

    FOR IMMEDIATE RELEASE

    Dove Season Opens as Scheduled on Sept. 4

    RALEIGH, N.C. (Sept. 2, 2010) – Despite North Carolina’s current state of emergency, dove season will open as scheduled at noon on Sept. 4.

    After Gov. Perdue declared a state of emergency on Wednesday due to the impending arrival of Hurricane Earl, the N.C. Wildlife Resources Commission received numerous calls from the public asking if dove hunting will be allowed beginning this weekend. The Governor’s Office has informed the N.C. Wildlife Resources Commission that nothing in the current emergency declaration, Executive Order 62, invokes any provision of law that would prohibit lawful hunting activities, including transporting a firearm to and from a hunting location (subject to local emergency ordinances to the contrary). Hunters in coastal areas should stay tuned to local media for the latest updates on Hurricane Earl and related emergency conditions that could affect the safety of themselves or others.

    For more information on hunting, visit www.ncwildlife.org.

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    Regular Member Dreamer's Avatar
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    Quote Originally Posted by lonewolf2810 View Post
    The Governor’s Office has informed the N.C. Wildlife Resources Commission that nothing in the current emergency declaration, Executive Order 62, invokes any provision of law that would prohibit lawful hunting activities, including transporting a firearm to and from a hunting location (subject to local emergency ordinances to the contrary).

    The Governors office, and the NCWC are either baldfaced liars, or they are illiterate...

    According to the NCGC:

    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).)
    NCGC § 14-288.7 lists NO exemptions for hunters if they are hunting on land that is not their own property. It makes no provisions or exemptions for hunters to transport their firearms off their property for ANY reason. It makes no provisions for CHP holders. It makes no provisions to going to a range, or for transporting a newly-purchased firearm home from the store where you bought it.

    The ONLY exemptions to § 14-288.7 are for LEOs and military personnel.

    NCGC § 14-288.7 is not an option when the Governor declares an SoE. It AUTOMATICALLY kicks in, and is in effect until the Governor rescinds the EO, or after a period of 30 days, which ever is shorter.

    It doesn't matter if local or State LEOs don't ever enforce it. This is a bad law. It needs to be struck from the books.

    It was enacted as a form of Jim Crow, to keep Blacks from protecting themselves against racist rioters and Klansmen terrorizing their neighborhoods.

    It is a BAD law, enacted for a BAD reason, and its existance in the NCGC is morally reprehensible, a violation of the State and US Constitution, and it is, on it's face, illegal in light of the McDonald Ruling...

    Every gun owner in NC--whether they carry or not--should be calling the Governor's office, and their state Rep and Senator, and suggest that NCGC § 14-288.7 be struck from the books once and for all.

    It is a racist law, and it is unlawful and illegal on it's face.

    It is an egregious insult to every law-abiding citizen of our fine state.
    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

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    i wounder if the AG would have a differing opinion from the Gov and WRC on this issue???
    GO PIRATES!!!!!

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    Regular Member Dreamer's Avatar
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    Like I said, I called the AG today, and they refused to offer an opinion. They told me I needed to call the Goveernors office with questions regarding Executive Orders.

    Essentially, the AG doesn't want to touch this one, is the impression I got. They don't want to step on the Governor's toes, they don't want to step on the Governor's Council's toes, and anyway, they are probably not talking due to the current SAF lawsuit regarding this very statute...

    They essentially blew me off with a non-answer.
    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

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    Regular Member lonewolf2810's Avatar
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    Well if they want to be A-holes about it they can make it hard on you. This was an official e-mail from the NCWC so I am printing it off just in case. This State of Emergency should be lifted this afternoon as the storm has gotten weaker and moving out.

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    Funny how the Perdue just told every dove hunter it was ok to break the law . what other laws does she want to break

  24. #24
    Regular Member Dreamer's Avatar
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    I called the Governor's office again this morning, and said I had a question about EO-62. The lady who took the call answered, "is this about trailers or firearms?"...

    Apparently they are getting a LOT of calls about §14-288.7. Good job folks!

    "Shout out" to NC Gun Owners!

    She transferred me to the Governor's General Council, and I landed in voicemail again. I left another message, and I am awaiting a return call...
    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

  25. #25
    Regular Member Dreamer's Avatar
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    UPDATE:

    I just spoke with the Governor's Chief Council, and he informed me that this particular Executive Order (EO-62) was actually invoked under Chapter 166-A of the North Carolina Emergency Management Act, which DOES NOT automatically invoke §14-288.7.

    http://www.ncga.state.nc.us/enactedl...pter_166a.html

    He also said they have send briefings to all local and state LEAs letting them know that this EO does not effect the prohibition on firearms...

    So apparently there are two different set of rules under which EOs may invoke a State of Emergency--one that does put §14-288.7 into effect, and one that doesn't. And this one is the kind that doesn't. Apparently, they learned their lesson with the King Fiasco last winter...

    He also told me that they had been getting a TON of calls on this matter, and would be looking into changing the State of Emergency statute in the upcoming Legislative Session in January.

    Of course, Mr Gura and SAF might force them to change this silly, racist, Jim Crow law in the Courts before they can do it in the General Assembly. We shall see. Will the "Wheels of Justice" turn more quickly than the "Wheels of Legislature"?

    Personally, I'd rather see BOTH things happen. I'd like to see the Gura/SAF case win first, and then the GA vote to strike this provision from the NCGC. This would be an EPIC WIN for not just NC residents, but EVERYONE in the country, because it would get this silly law off our books, AND it would establish case-law precedent for other states in similar situations to refer to.

    S, don't worry folks. Transporting, carrying, and possessing firearms while you are out and about in NC is PERFECTLY legal and lawful under this EO.

    But there is always next time.

    Stay vigilant...
    Last edited by Dreamer; 09-03-2010 at 11:45 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

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