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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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...

Dreamer said:

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...

Click to expand...

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.

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...

Dreamer said:

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...

Click to expand...

I have already contacted the SAF with my intent to join the suit. I suggest everyone else do the same.

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.

If you do OC or even CC AND get cited, use a fire arm you are willing have stolen and destroyed by the State! :cuss:

Northerner said:

If you do OC or even CC AND get cited, use a fire arm you are willing have stolen and destroyed by the State! :cuss:

Click to expand...

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.

Northerner said:

If you do OC or even CC AND get cited, use a fire arm you are willing have stolen and destroyed by the State! :cuss:

Click to expand...

Why would the firearm be destroyed in a class 1 misdemeanor?

I thought judges only do that if they feel particularly spiteful

elixin77 said:

Why would the firearm be destroyed in a class 1 misdemeanor?

I thought judges only do that if they feel particularly spiteful

Click to expand...

Tell that to Joseph McVey.

Dreamer said:

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...

Click to expand...

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.

Gunslinger said:

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.

Click to expand...

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.

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

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.

calynn said:

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.

Click to expand...

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.

carracer said:

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

Click to expand...

Thanks for stopping in to taunt us.

Ruger said:

Tell that to Joseph McVey.

Click to expand...

I believe the judge in that incident destroyed mcVey's gun to be spiteful as well.

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.

lonewolf2810 said:

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).

Click to expand...

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).)

Click to expand...

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.

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