GRNC Alert 09-02-10: NORTH CAROLINA GOVERNOR LIES ABOUT STATE GUN BAN

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 09-02-10:
NORTH CAROLINA GOVERNOR LIES ABOUT STATE GUN BAN

State of emergency order makes criminals of concealed handgun permit-holders, sport shooters and hunters...

"Even if EO 62 were worded...to expressly permit the possession of firearms, the governor has no constitutional or statutory authority to suspend the effect or enforcement of a valid NC criminal law."

The State of Emergency order issued by Governor Beverly Perdue in response to Hurricane Earl makes carrying a firearm outside one's home or place of business a Class I misdemeanor. Beyond law enforcement and the military there are no exceptions: Not for hunters, sport shooters or concealed handgun permit-holders.

Worse, with the legislature out of session, there is no immediate way to address the crisis. As NC gun owners are aware, GRNC is among plaintiffs on a lawsuit against the State of Emergency law, arguing that it violates the Second Amendment, but legal redress is months, if not years away.

PERDUE'S LIE

Gov. Perdue's office has been issuing various denials to input about the gun ban implications of the SoE, but the most blatant misstatement is this:

"Thank you for contacting the Office of the Governor. After checking with legal counsel, we are pleased to inform you that THE CURRENT STATE OF EMERGENCY WAS WRITTEN IN SUCH A WAY THAT THE RIGHTS OF NC GUN OWNERS ARE NOT INFRINGED UPON. [Emphais added]. However, local authorities still have the authority to establish states of emergency within their jurisdictions that may impact your right to carry weapons."

Office of the Governor Bev Perdue
20301 Mail Service Center
Raleigh, NC 27699
1-800-662-7952 (for NC residents only)
919-733-4240
919-733-2120 (fax)
governor.office@nc.gov
http://www.governor.state.nc.us/

THE TRUTH

From GRNC legal counsel Ed Green:

"On Sept. 1, 2010, Governor Perdue issued Executive Order No. 62 declaring "that a state of emergency exists in the State due to the approach of Hurricane Earl." Nothing in EO 62 mentions gun owners or the possession of guns in any way. Nothing in EO 62 purports to suspend the operation of any NC law.

"NCGS § 14-288.7 clearly and unambiguously forbids the possession of any firearm off one's premises during any declared State of Emergency, with exceptions only for law enforcement and military in the course of their duties. Under NC law, whenever a State of Emergency is declared, no citizen may possess any gun outside of their home.

"Even if EO 62 were worded (or amended) to expressly permit the possession of firearms, the governor has no constitutional or statutory authority to suspend the effect or enforcement of a valid NC criminal law. Once she declared a State of Emergency, Gov. Perdue legally disarmed all NC civilians outside their own homes, including the thousands of otherwise legally licensed hunters expected to take to the fields for the opening of Dove season at noon Saturday."

HUGH HOLLIMAN'S GUN BAN

Most responsible for the debacle is NC House Majority Leader HUGH HOLLIMAN (D-Davidson, GRNC 0-star), who in his leadership role denied committee hearings to not just one, but TWO pieces of GRNC-supported legislation that would have prevented it.

Interestingly, Holliman faces a tight race against Republican challenger RAYNE BROWN, who returned GRNC's "Remember in November" candidate survey with a perfect score, earning GRNC's highest 4-star (****) evaluation.

For more details and background, go to: http://exm.nr/NCSuspendsGunRights

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This just makes me more and more angry.

Why should the entire state be under a SoE, when only the outer banks will get hit hard enough to almost consider issuing a SoE for that area?

I received a call back from Governor's office this morning. I was assured that the state of emergency does not apply to the general statute limiting gun rights. I think they are grossly misinformed, regardless, since I've been given legal advice from the governor's office, if I am charged under this statute I expect a pardon

So she just told every dove hunter to break the law could she be held liable of some wrong doing just a thought

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/enactedlegislation/statutes/html/bychapter/chapter_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. :banghead:

Stay vigilant...