Dreamer
Regular Member
Lt. Gov. Dalton, in consultation with Gov. Perdue has declared a State of Emergency for the ENTIRE STATE of NC, because of the snow...
Merry Christmas--now it's against the law to carry in NC...
It's also against the law to purchase firearms or ammo or alcoholic beverages (beer, wine, or liquor)--EVERYWHERE in the state.
It's also against the law to possess or transport ANY firearm off your own property--EVERYWHERE in the state...
Thanks, Governor Perdue and Lt. Gov. Dalton.
Nothing says "Merry Christmas" like a complete suspension of fundamental human rights...
http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-288.7.html
To all,
Due to the fact that the thread is wildly wrong (though to be fair, all previous "States of Emergency declarations" triggered the gun prohibition, so it's an easy mistake to make), I am editing this post with an explanation: The gun prohibition is NOT in effect in NC.
State of Emergency Clarification
Where this order declaring a State of Emergency gets interesting is that it is declared pursuant to the powers vested in the Governor under N.C. General Statutes Article 1 of Chapter 166A. This is the North Carolina Emergency Management Act of 1977. An emergency declared in this manner does not trigger the prohibition on the off-premises possession of firearms and ammunition unlike NCGS 14 § 288.15.
I am editing this post per the following rule:
(5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
Unlike Gray, I'm not just going to parrot the unlawful opinions of the NC AG or the illegal, unconstitutional actions of the Governor--I will, in fact cite NC Statutes AS THEY STAND, and not twist the law around in obfuscatory, misleading ways to try and fool the good people of NC into believing that SoEs do not AUTOMATICALLY come with a ban on transport and possession of firearms off their private property...
He is right in saying that EO-75 declared an SoE under Article 1 of Chapter 166A, which DOES NOT automatically invoke a weapons transport ban. He is also correct in saying that EO-75 DID NOT declare this SoE under §14-288.15, which has historically been used to declare such SoEs...
But what he's NOT telling you (and what teh AG and Governor are misleading you with) is that §14-288.15 DOES NOT now, nor has it EVER automatically invoked this weapons ban. The wording in §14-288.15 is for LOCAL States of Emergency, and gives the Governor the authority to, at her discretion, impose a weapons ban if the local authorities can't handle the Emergency, and the Governor sees fit to do so.
The AUTOMATIC ban on transporting firearms that is kicked in by Declared States of Emergency is activated by §14-288.7. This Statute is part of the General Criminal Code, and is NOT contingent on activation by the Governor, local authorities, or any other authority or agency--it is ALWAYS in effect ANY TIME and ANYWHERE an SoE is declared in the State.
Please, Citizens of North Carolina--I BEG you to look up these statutes and read them yourself. Do not take my word for it. I am not a lawyer, but I CAN read, and the law is clear on this.
You are being bamboozled by the oligarchs in Raleigh. They are attempting to weasel their way into a situation that allows them to petition for the dismissal of the lawsuit brought by SAF against the State to overturn this evil, racist Soe firearms ban in the "Bateman" case, by establishign that the Citizens of NC can claim no standing because their rights have suffered no injury.
The Governor DOES NOT have the right or legal authority to--at her whim--declare which Criminal Codes are to be enforced or ignored. When she says that §14-288.7 isn't in effect when a SoE is declared, she is essentially telling us that the Rule of Law is not in effect in NC, and we are now operating under some sort of "benevolent dictatorship" where the application of the law is determined by whim and fiat.
Nothing could be further from the truth, and the Good People of NC need to call her and the AG out on this unlawful conduct, and demand that this unconstitutional Statute be repealed and struck from the books. And we also need to demand that the Governor and AG be impeached, for violation of their Constitutionally-defined duties, violation of the NC Criminal Code, and violation of their Oaths.
Just wanted to clear that up...
--Dreamer (someone who is more interested in the TRUTH than in appeasing an out-of-control government)
Though previous states of emergency triggered the prohibition, it appears that due to the Bateman v. Perdue case, the executive branch of the state of North Carolina is no longer declaring emergencies under the statute which triggers the gun prohibitions.
They are no longer declaring SoEs under the statute that give LOCAL officials the DISCRETIONARY option to declare SoE's, which is what both 166A and §14-288.15 do.
However, the wording of §14-288.7 is CLEAR. The activation of §14-288.7 is NOT dependent on any declaration or procedural invocation--it is AUTOMATIC and in effect ANY TIME and ANY PLACE that an SoE is declared in the State. It is NOT part of the statutes that are used to define, regulate, or enumerate the powers of State or Local governments during SoEs--it is part of the GENERAL Criminal Code of NC.
To say that §14-288.7 is ONLY in effect when the governor says it is is like saying that the statutes that regulate rape, murder, or looting are only in effect when the governor says they are. Such an argument as is being put forth by the Governor and the AG is patently ridiculous, and treading dangerously close to sedition.
The application and enforcement of NC Criminal Codes are not subject to the whims and fiat of the Executive, and to assert otherwise is to deny the Rule of Law in our fine state...
--Dreamer
You can thank Alan Gura, Mr. Bateman and Plaintiffs, GNRC, and SAF for this development. Remember that freedom isn't free....
Carry On!!!!
-Gray Peterson, Moderator Team, OCDO
Merry Christmas--now it's against the law to carry in NC...
It's also against the law to purchase firearms or ammo or alcoholic beverages (beer, wine, or liquor)--EVERYWHERE in the state.
It's also against the law to possess or transport ANY firearm off your own property--EVERYWHERE in the state...
Thanks, Governor Perdue and Lt. Gov. Dalton.
Nothing says "Merry Christmas" like a complete suspension of fundamental human rights...
http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-288.7.html
To all,
Due to the fact that the thread is wildly wrong (though to be fair, all previous "States of Emergency declarations" triggered the gun prohibition, so it's an easy mistake to make), I am editing this post with an explanation: The gun prohibition is NOT in effect in NC.
State of Emergency Clarification
Where this order declaring a State of Emergency gets interesting is that it is declared pursuant to the powers vested in the Governor under N.C. General Statutes Article 1 of Chapter 166A. This is the North Carolina Emergency Management Act of 1977. An emergency declared in this manner does not trigger the prohibition on the off-premises possession of firearms and ammunition unlike NCGS 14 § 288.15.
I am editing this post per the following rule:
(5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
Unlike Gray, I'm not just going to parrot the unlawful opinions of the NC AG or the illegal, unconstitutional actions of the Governor--I will, in fact cite NC Statutes AS THEY STAND, and not twist the law around in obfuscatory, misleading ways to try and fool the good people of NC into believing that SoEs do not AUTOMATICALLY come with a ban on transport and possession of firearms off their private property...
He is right in saying that EO-75 declared an SoE under Article 1 of Chapter 166A, which DOES NOT automatically invoke a weapons transport ban. He is also correct in saying that EO-75 DID NOT declare this SoE under §14-288.15, which has historically been used to declare such SoEs...
But what he's NOT telling you (and what teh AG and Governor are misleading you with) is that §14-288.15 DOES NOT now, nor has it EVER automatically invoked this weapons ban. The wording in §14-288.15 is for LOCAL States of Emergency, and gives the Governor the authority to, at her discretion, impose a weapons ban if the local authorities can't handle the Emergency, and the Governor sees fit to do so.
The AUTOMATIC ban on transporting firearms that is kicked in by Declared States of Emergency is activated by §14-288.7. This Statute is part of the General Criminal Code, and is NOT contingent on activation by the Governor, local authorities, or any other authority or agency--it is ALWAYS in effect ANY TIME and ANYWHERE an SoE is declared in the State.
Please, Citizens of North Carolina--I BEG you to look up these statutes and read them yourself. Do not take my word for it. I am not a lawyer, but I CAN read, and the law is clear on this.
You are being bamboozled by the oligarchs in Raleigh. They are attempting to weasel their way into a situation that allows them to petition for the dismissal of the lawsuit brought by SAF against the State to overturn this evil, racist Soe firearms ban in the "Bateman" case, by establishign that the Citizens of NC can claim no standing because their rights have suffered no injury.
The Governor DOES NOT have the right or legal authority to--at her whim--declare which Criminal Codes are to be enforced or ignored. When she says that §14-288.7 isn't in effect when a SoE is declared, she is essentially telling us that the Rule of Law is not in effect in NC, and we are now operating under some sort of "benevolent dictatorship" where the application of the law is determined by whim and fiat.
Nothing could be further from the truth, and the Good People of NC need to call her and the AG out on this unlawful conduct, and demand that this unconstitutional Statute be repealed and struck from the books. And we also need to demand that the Governor and AG be impeached, for violation of their Constitutionally-defined duties, violation of the NC Criminal Code, and violation of their Oaths.
Just wanted to clear that up...
--Dreamer (someone who is more interested in the TRUTH than in appeasing an out-of-control government)
Though previous states of emergency triggered the prohibition, it appears that due to the Bateman v. Perdue case, the executive branch of the state of North Carolina is no longer declaring emergencies under the statute which triggers the gun prohibitions.
They are no longer declaring SoEs under the statute that give LOCAL officials the DISCRETIONARY option to declare SoE's, which is what both 166A and §14-288.15 do.
However, the wording of §14-288.7 is CLEAR. The activation of §14-288.7 is NOT dependent on any declaration or procedural invocation--it is AUTOMATIC and in effect ANY TIME and ANY PLACE that an SoE is declared in the State. It is NOT part of the statutes that are used to define, regulate, or enumerate the powers of State or Local governments during SoEs--it is part of the GENERAL Criminal Code of NC.
To say that §14-288.7 is ONLY in effect when the governor says it is is like saying that the statutes that regulate rape, murder, or looting are only in effect when the governor says they are. Such an argument as is being put forth by the Governor and the AG is patently ridiculous, and treading dangerously close to sedition.
The application and enforcement of NC Criminal Codes are not subject to the whims and fiat of the Executive, and to assert otherwise is to deny the Rule of Law in our fine state...
--Dreamer
You can thank Alan Gura, Mr. Bateman and Plaintiffs, GNRC, and SAF for this development. Remember that freedom isn't free....
Carry On!!!!
-Gray Peterson, Moderator Team, OCDO
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