that would be the 10th amendment. The real question is what in NC State Consitution gives them such a power.
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White Christmas causes Suspension of Bill of Rights in NC...*EDIT: No suspension*
- Thread starter Dreamer
- Start date
that would be the 10th amendment. The real question is what in NC State Consitution gives them such a power.
Umm, you do know what happened during Katrina right?
http://www.youtube.com/watch?v=-taU9d26wT4
we only think we have rights..sigh...
cricketdad
Regular Member
Do you have a cite for this. I've heard about but cannot find the actual SOE. Not doubting it doesn't exist, just can't find it.
Dreamer
Regular Member
The SOE doesn't have to specifically say anything to bring this statute into effect--it AUTOMATICALLY kicks in any time an SoE is declared...
As for this so-called SoE, it has not yet been published on either the Governor's web site or the Lt. Gov.'s website...
http://law.justia.com/northcarolina/codes/2005/chapter_14/gs_14-288.7.html
cricketdad
Regular Member
I'm very familiar with the law. I am just a wee bit involved with Gura's lawsuit.
Dreamer
Regular Member
According to NC Statutes, a declared SoE ends 30 days after it was declared, or whenever it is called off by the Governor (or whatever public official declared it), which ever is sooner.
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bgreene89
Guest
HElP!
§ 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).)
What does this mean we cannot open carry anymore? What about conceal carry? This does not make sense to the 2nd Amendments! So can we carry guns? WTF! I'm freaking out! What About Us Hunters?
§ 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).)
What does this mean we cannot open carry anymore? What about conceal carry? This does not make sense to the 2nd Amendments! So can we carry guns? WTF! I'm freaking out! What About Us Hunters?
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Dreamer
Regular Member
During declares SoE's, it is technically illegal to transport, possess, buy or sell ammo or firearms ANYWHERE the emergency is declared (which in this case, is the ENTIRE state), except on your own property.
However, there hasn't been anyone prosecuted (or even cited) for this since the "race riots" of the 1960's.
This is a BAD law, that was passed for "Jim Crow" reasons. It needs to be removed from the NC Statutes. It is an embarrassment, and a racist blot on name of the fine people of NC.
But even if this law is never enforced, it is STILL on the books, and CAN BE. For some reason, the Governor seems to think she can instruct the LEAs of NC to selectively enforce NC Criminal Codes, for politically expedient reasons.
All that said, even if someone WERE to be cited for this violation, it is only a Class 1 Misdemeanor.
I would suggest people start hanging out in Gun Stores and WalMarts and calling their local Sheriff every time a purchase of ammo or firearms is made, and reporting the sales clerk. Photo or video documentation would be a good idea...
However, there hasn't been anyone prosecuted (or even cited) for this since the "race riots" of the 1960's.
This is a BAD law, that was passed for "Jim Crow" reasons. It needs to be removed from the NC Statutes. It is an embarrassment, and a racist blot on name of the fine people of NC.
But even if this law is never enforced, it is STILL on the books, and CAN BE. For some reason, the Governor seems to think she can instruct the LEAs of NC to selectively enforce NC Criminal Codes, for politically expedient reasons.
All that said, even if someone WERE to be cited for this violation, it is only a Class 1 Misdemeanor.
I would suggest people start hanging out in Gun Stores and WalMarts and calling their local Sheriff every time a purchase of ammo or firearms is made, and reporting the sales clerk. Photo or video documentation would be a good idea...
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bgreene89
Guest
Gun Shop
Me and my dad run a gun shop every day, and have not been informed of this! We have the right to transport (as gun dealers) I wonder what ATF (Alcohol Tobacco Firearms) is going to say about this,selling and transporting stuff, when I call them tomorrow?
Me and my dad run a gun shop every day, and have not been informed of this! We have the right to transport (as gun dealers) I wonder what ATF (Alcohol Tobacco Firearms) is going to say about this,selling and transporting stuff, when I call them tomorrow?
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sFe
Regular Member
I guess they didn't get much flak about it this time because it wasn't the start of hunting season as it was during the hurricane. Hopefully this will be changed next legislative session.
Dreamer
Regular Member
BATFE won't have ANYTHING to say about it, because they are a FEDERAL agency, and NCGS 14-288.7 is a STATE STATUTE.
Federal "officials" (except Judges) cannot give legal advice or interpretation State or Local laws.
They will most likely refer you to the NC Attorney General, who will give you the same BS non-answer they've been giving on this issue for years.
But the fact remains that buying, selling, and transporting firearms, ammo, and "dangerous materials" anywhere but on your own private property is a Class 1 Misdemeanor in NC during a Declared State of Emergency.
The fact that the police don't prosecute violators of this law does not make it any less real. It just points to the reality of the situation that this law is stupid and needs to be repealed and erased from the NC Statute.
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bgreene89
Guest
Keep us Updated On the Latest News!
We never heard nothing about it then, however I saw that tonight online. I will get to the bottom of this tomorrow with the ATF headquarters. If anyone hears an update please keep this forum updated on the latest news.
Also I have not seen nothing about this on the news? Where did she declare the state of emergency for the snow?,Can someone show me? They need to announce it if they want it enforced, not charge people with a misdemeanor that goes on there criminal record that people have no clue over! There are good law abiding citizen's of the U.S. that have no clue this is in effect!
Governor Bev Perdue has lost my respect, and vote as a citizen of the United States Of America. For conflicting with our 2nd amendment rights as U.S. citizen's.
I'm Sorry if I sound hateful, I apologize. It just really upsets me when, I see a government official try to change/edit our rights of the U.S. Constitution
Take a look at this...
http://saf.org/viewpr-new.asp?id=329
http://saf.org/legal.action/nc.lawsuit/nc_complaint.pdf
Sincerely,
Blake
We never heard nothing about it then, however I saw that tonight online. I will get to the bottom of this tomorrow with the ATF headquarters. If anyone hears an update please keep this forum updated on the latest news.
Also I have not seen nothing about this on the news? Where did she declare the state of emergency for the snow?,Can someone show me? They need to announce it if they want it enforced, not charge people with a misdemeanor that goes on there criminal record that people have no clue over! There are good law abiding citizen's of the U.S. that have no clue this is in effect!
Governor Bev Perdue has lost my respect, and vote as a citizen of the United States Of America. For conflicting with our 2nd amendment rights as U.S. citizen's.
I'm Sorry if I sound hateful, I apologize. It just really upsets me when, I see a government official try to change/edit our rights of the U.S. Constitution
Take a look at this...
http://saf.org/viewpr-new.asp?id=329
http://saf.org/legal.action/nc.lawsuit/nc_complaint.pdf
Sincerely,
Blake
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bgreene89
Guest
So this has been a law for years?
But the fact remains that buying, selling, and transporting firearms, ammo, and "dangerous materials" anywhere but on your own private property is a Class 1 Misdemeanor in NC during a Declared State of Emergency.
This I have a major problem with there pretty much telling the ABC stores to close and lock there doors, and the gun dealers to do the same! Oh btw just take off 30 days without pay.
The fact that the police don't prosecute violators of this law does not make it any less real. It just points to the reality of the situation that this law is stupid and needs to be repealed and erased from the NC Statute.
I agree 100%
buzzsaw
Regular Member
I, like many other Tar Heels, have been following this issue for a number of years. My focus had remained totally fixed on the firearms side of the issue until I read the above post. For some reason, it never occurred to me to pursue it from any different angle until I read the above post and a light went off. The Governor (the head of the state govt.) should be under arrest for failure to abide by the law set into effect by the SOE since she has made no move to close the ABC stores (state run operations) in violation of her own proclamation. Good for the goose/good for the gander sort of thing. I am sure there must be many valid reasons why this is not the case but it sure looks like selective enforcement from where I sit.
.275Rigby
Regular Member
Certainly I agree that the law is poorly written, potentially unconstitutional, and ought to be removed, but really, the fact that it hasn't been applied DOES make it less real. There are thousands of really stupid antiquated laws on the books across this country that would result in the DA being laughed out of court if they ever tried to apply them, but there is no standing to challenge them until they are applied to you personally, and no reason for a legislator to feel political pressure to change them if they are not in use. Right now it is in the same vein as the NYC statute prescribing a $25 fine for flirting ("looking at a woman THAT way"). Won't stand up in court, but you have to get it into court to deal with it.
Let's absolutely keep our eyes open for an application of this law, particularly in a circumstance such as this (4 inches of snow), and THEN we'll have standing to pick up the banner and run with it.
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bgreene89
Guest
So can we OC right now? Or CC? How does anyone know she filed for state of emergency in NC for the snow? Can someone show me?
Blake
Blake
MR Redenck
Regular Member
It's OK because that crap doesnt apply to your elected officials or criminals.
It's for your own good! Your government knows whats best for you! :lol:
Ruger
Regular Member
Well, I have been in noncompliance with the law every single day of the current SOE. Carrying daily, and I bought a case of beer last night too.
Lets hear it for civil disobedience
Sent from my SAMSUNG-SGH-I897 using Tapatalk
Lets hear it for civil disobedience
Sent from my SAMSUNG-SGH-I897 using Tapatalk
Dreamer
Regular Member
FINALLY, nearly 4 days after this SoE was declared, Gov. Perdue posted the text of the Executive Order on her website:
http://www.governor.state.nc.us/NewsItems/ExecutiveOrderDetail.aspx?newsItemID=1611
Take special note of "Section 7":
Perhaps someone needs to call her and read N.C.G.S. § 14-288.7 to her, to remind her that this statute AUTOMATICALLY kicks in ANY TIME an SoE is declared. It is NOT discretionary. It is NOT within her authority or power to selectively activate or de-activate NC Criminal Statutes at her whim for political expediency...
Doe anyone else find it funny that EVERY single SoE that has been declared since the Second Amendment Foundation filed their lawsuit about this law has been declared under Article 1 of Chapter 166A, and that the Governor is using that as an excuse to tell the LEAs of NC that §14-288.7 does not apply?
When is someone going to call her out on this lie?
http://www.governor.state.nc.us/NewsItems/ExecutiveOrderDetail.aspx?newsItemID=1611
Take special note of "Section 7":
Perhaps someone needs to call her and read N.C.G.S. § 14-288.7 to her, to remind her that this statute AUTOMATICALLY kicks in ANY TIME an SoE is declared. It is NOT discretionary. It is NOT within her authority or power to selectively activate or de-activate NC Criminal Statutes at her whim for political expediency...
Doe anyone else find it funny that EVERY single SoE that has been declared since the Second Amendment Foundation filed their lawsuit about this law has been declared under Article 1 of Chapter 166A, and that the Governor is using that as an excuse to tell the LEAs of NC that §14-288.7 does not apply?
When is someone going to call her out on this lie?