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Thread: State of Disaster Declaration As of Now Does NOT prohibit guns.

  1. #1
    Founder's Club Member - Moderator Gray Peterson's Avatar
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    State of Disaster Declaration As of Now Does NOT prohibit guns.

    I edited a different post with a red mark, but I wanted to make this known and even more crystal clear: 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.

    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.

    You can thank Alan Gura, Mr. Bateman and Plaintiffs, GNRC, and SAF for this development. Remember that freedom isn't free....

    Carry On!!!!

  2. #2
    Regular Member rotorhead's Avatar
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    Holy hell they finally got the provision stricken for good from the SOE or is this a temporary injunction pertaining to just the latest declaration?

    Sounds like good news though, thanks to those named for the hard work!

  3. #3
    Regular Member Dreamer's Avatar
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    Actually, your assessment of the criminal activity of the Governor's office is incorrect.

    There is no such thing as an Emergency Declaration that doesn't involve §14-288.7. It AUTOMATICALLY activates ANY time an SoE is declared. There is no provision in NC Statute for the Governor or any other official to over-ride this automatically-activated statute. The activation of §14-288.7 is NOT dependent on a specific statute, or method of declaring a SoE. The wording of this statute is clear.

    By telling the People and the LEAs of NC not to enforce this law, Gov. Perdue is acting outside the authority of her office, and is violating her oath, the NC Constitution, and NC criminal statute. This act is a clear 14A violation, and on it's face violated the NC Constitution and NC Statutes.

    She is doing this, not as some sort of token gesture of goodwill toward SAF in response to their lawsuit--it is a CALCULATED ploy to try and get the SAF case dismissed by establishing that NC residents have no standing because there has been no "injury".

    What she forgets is that many of us consider it JUST as injurious to the citizenry to violate her oath, the Constitutional requirements of her office, and NC Criminal Statutes in the name of political expediency, as it is to enforce an unconstitutional 2A-infringing statute.

    This law should be overturned in the courts, THEN it should be repealed by the NC General Assembly.

    Then, Gov.Purdue, Lt.Gov.Dalton, and AG Cooper should be brought up on criminal conspiracy charges and ousted.
    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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    Founder's Club Member - Moderator Gray Peterson's Avatar
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    The existence of a state of disaster may be proclaimed by the Governor, or by a resolution of the General Assembly if either of these finds that a disaster threatens or exists.

    State of Disaster!=State of Emergency

    http://www.ncga.state.nc.us/EnactedL...Article_1.html

  5. #5
    Regular Member Dreamer's Avatar
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    Thank you for reinforcing my point, Gray...

    It's good to see that at least in NC, you are on the side of the Rule of Law.

    Deleted personal attack here - Gray
    Last edited by Gray Peterson; 12-30-2010 at 02:59 PM.
    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 Dreamer's Avatar
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    Here's the shell game that Bev is playing:

    She's saying that by using NCGS Article 1 of Chapter 166A to declare an SoE (instead of NCGS 14 § 288.15.), that it does not automatically invoke the restrictions on possession, transport, buying and selling of ammo and firearms.

    Well, in a way, this is sort of true...

    Because NCGS 14 § 288.15 is about defining, granting, and regulating the Emergency powers of LOCAL officials and governments during LOCAL SoEs. And since the most recent SoE declared in EO-75 was a STATE-WIDE SoE, this statute doesn't apply, because it's not limited to a local area. The restrictions enumerated in NCGS 14 § 288.15 ARE in fact discretionary--for LOCAL officials.

    However, you will notice that NOWHERE in the EO, or in any of the AG's and Governor's office press releases do they address the FACT that NCGS 14 § 288.7 is AUTOMATICALLY effected in ANY area where a SoE exists. This statute is NOT discretionary or contingent--it is AUTOMATICALLY in effect in ANY area of a SoE. No qualification, no conditions, no opt-out. Period. End of Discussion.

    Smoke and mirrors.

    They are pulling the old magician's trick of telling us to look at the left hand, while the right hand pockets the coin...

    Obfuscation, distraction, and irrelevant hooha. This entire exercise just gets more and more absurd.

    Give it up Bev. Just admit that you are intentionally trying to mislead the fine People of NC on this issue.

    Either you KNOW the law of our state but refuse to uphold it, or you don't know the law, and are therefore unfit to hold the Chief Executive office.

    Lose-Lose.

    You cannot win. Let justice and the Rule of Law prevail, Bev.

    Stop trying to save face, and stop trying to circumvent "Bateman" by attempting to get it dismissed through some spurious "lack of standing" maneuver.

    We see through your ruse...
    Last edited by Dreamer; 12-31-2010 at 03:12 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

  7. #7
    Regular Member elixin77's Avatar
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    Quote Originally Posted by Dreamer View Post

    Deleted personal attack here - Gray
    I believe there is an unwritten "mod law" somewhere that says if you are participating in a discussion, then you aren't allowed to mod the thread in any ways.

    As for the discussion itself, our statutes state that in a SoE, we cannot so much as look at guns off our property, same with alcohol - we can't buy it.

    When a law says that it is in effect when a SoE exists, then there is no way around it.

    If the governor (or in this case, deputy governor) declares a SoE, even if they say that we can move guns around, it is illegal, on all sides, because the governor is not allowed to dictate how law is (then it would be a monarchy).

    We have people in charge of the senate and house working on getting this ridiculous law changed. We also have a lawsuit on hand working on demonizing the law as it is, so we are on a winning path, IMO.
    Taurus PT1911 .45 ACP. Carried in condition 1, with a total of 25 rounds.

    Vice President of Students for Concealed Carry on Campus, ECU Chapter

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    I'll just cross post some of my feeling from another discussion.


    Forget about where her authority is taken from out of the GS code. Look at the actual code in question. The code itself does not specify where, why, or how the SOE is given. Just that it is illegal to posses weapons off premises during a SOE. It does not appear to be tied to one or the other. Just a broad, over generalized, sweeping ban.

    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.



    I'm not going to split hairs on whether the Gov can skirt around laws during a SOE. In my mind, a SOE is the suspension of some law and addition of others for a limited period of time. That's the rub that GRNC is complaining about the most. On a personal note, I appreciate the exemption and will take it at face value. For now. But ultimately, if we are going to exempt this all the time then just get rid of it and be done. It needs to go away anyway. I don't want to give the Gov a pass on this because she is willing to exempt it. I want it gone so it can't be misused later.

  9. #9
    Founder's Club Member - Moderator Gray Peterson's Avatar
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    Quote Originally Posted by chiefjason View Post
    I'll just cross post some of my feeling from another discussion.


    Forget about where her authority is taken from out of the GS code. Look at the actual code in question. The code itself does not specify where, why, or how the SOE is given. Just that it is illegal to posses weapons off premises during a SOE. It does not appear to be tied to one or the other. Just a broad, over generalized, sweeping ban.

    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.



    I'm not going to split hairs on whether the Gov can skirt around laws during a SOE. In my mind, a SOE is the suspension of some law and addition of others for a limited period of time. That's the rub that GRNC is complaining about the most. On a personal note, I appreciate the exemption and will take it at face value. For now. But ultimately, if we are going to exempt this all the time then just get rid of it and be done. It needs to go away anyway. I don't want to give the Gov a pass on this because she is willing to exempt it. I want it gone so it can't be misused later.
    Don't get me wrong, Bateman should be successful and the State of Emergency Gun Ban should be struck down.

    I'm pointing out that it's a disaster declaration, not a state of emergency, and gun carry is currently allowed by state law. Their last feeble attempt to exempt the gun issue didn't work. Looks like the state of North Carolina got it right this time.

    Carry on!

  10. #10
    Regular Member Dreamer's Avatar
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    Quote Originally Posted by Gray Peterson View Post
    I'm pointing out that it's a disaster declaration, not a state of emergency, and gun carry is currently allowed by state law. Their last feeble attempt to exempt the gun issue didn't work. Looks like the state of North Carolina got it right this time.
    Wrong. Wrong. Wrong...

    Please, just go to the NC Governor's web site, and read her Executive Orders. It plainly states there, in the first few lines of EO-75 that this is (was) a State of Emergency. Here, I'll even copy the text for you, and provide a hotlink:

    EO 75: Proclamation of a State of Emergency

    EXECUTIVE ORDER NO. 75
    PROCLAMATION OF A STATE OF EMERGENCY
    BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA
    http://www.governor.state.nc.us/News...ewsItemID=1611


    And anyway, it doesn't matter now, because as of Noon, 31 December 2010, Governor Perdue has seen fit to terminate EO75 anyway...

    http://www.governor.state.nc.us/News...ewsItemID=1612
    Last edited by Dreamer; 12-31-2010 at 03:02 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

  11. #11
    Founder's Club Member - Moderator Gray Peterson's Avatar
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    Thread clean up....

    Thread is being cleaned up of off-topic posts and personal attacks.
    Last edited by Gray Peterson; 12-31-2010 at 08:29 AM.

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