NC under SoE due to Tornado and Storm Damage--No legal carry STATEWIDE for 30 days...

rotorhead said:

Click on the previous link and scroll down to section 7. There it specifically mentions firearms and alcohol and how this proclamation does not trigger the provisions concerning those restrictions.

Nice thought, Bev. Illegal, but nice.

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I saw it mention alcohol but missed the firearms part. My Mistake. I am going to print that page off and carry it with me the next 30 days. So if I end up in a terry stop I will use the excuse the Governor told me I could...?

We need a lawyer to clairify what power the gov does have when it comes to SoE. I was always under the impression that it allowed a ballooning of power for the gov. Now there is this argument that the gov doesn't have the power to suspend an already unconstitutional law. I like to agree that if the executive knows a law is unconstitutional, then they have the power to say don't enfore it. However, then where does the SC come in?

So what is it NC? Do we continue to open carry, and roll the dice and hope there isn't a DA out there that will charge you.

IMHO. I see more flack comming from anyone that lives in the areas devistated by this. LEOs and general populace that knows the language of the SoE, but missed the part that Bev said ignore the lawfull, peace loving folk walking around with guns.

Brion said:

We need a lawyer to clairify what power the gov does have when it comes to SoE. I was always under the impression that it allowed a ballooning of power for the gov. Now there is this argument that the gov doesn't have the power to suspend an already unconstitutional law. I like to agree that if the executive knows a law is unconstitutional, then they have the power to say don't enfore it. However, then where does the SC come in?

So what is it NC? Do we continue to open carry, and roll the dice and hope there isn't a DA out there that will charge you.

IMHO. I see more flack comming from anyone that lives in the areas devistated by this. LEOs and general populace that knows the language of the SoE, but missed the part that Bev said ignore the lawfull, peace loving folk walking around with guns.

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The problem with her suspending things like that is that she's able to reinstate them at any time on her own accord, too. Not only her but any other Governor in NC after her, as well. It needs to either be repealed, stricken from the law, or defined clearly one way or the other, once and for all.

KBCraig said:

Actually, under the doctrine of separation of powers, that's exactly how it's supposed to work. A chief executive should declare that they will not enforce an unconstitutional law, and should instruct all executive branch employees to ignore it.

The legislature wields the purse. The judiciary wields the gavel. And the executive wields the guns, including the power to not use them even if the legislature and judiciary tells them to.

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Bingo!

That's why the separate branches are so important. The executive checks the legislature and the courts and back and forth. The citizenry checks each of the above through voting and through jury nullification of laws and court cases.

I figure tomorrow I'll call the magistrate and ask him what he thinks. What's gonna happen in Goldsboro to OC.

It appears the governor has the authority to decide between two different SoE declarations. One would satisfy Federal regulations without restricting citizen's rights to carry, the other would restrict citizen's right to carry.

She chose not to restrict the citizen's right to carry.

So we have to wait like 27 more days before we can carry? Forgive me if I misunderstood ..

bajadudes said:

§ 14‑288.16. Effective time, publication, amendment, and recision of proclamations.

(a) This section applies to proclamations issued under the authority of G.S. 14‑288.12, 14‑288.13, 14‑288.14, and 14‑288.15, and any other applicable statutes and provisions of the common law.

(b) All prohibitions and restrictions imposed by proclamation shall take effect immediately upon publication of the proclamation in the area affected unless the proclamation sets a later time. For the purpose of requiring compliance, publication may consist of reports of the substance of the prohibitions and restrictions in the mass communications media serving the affected area or other effective methods of disseminating the necessary information quickly. As soon as practicable, however, appropriate distribution of the full text of any proclamation shall be made. This subsection shall not be governed by the provisions of G.S. 1‑597.

(c) Prohibitions and restrictions may be extended as to time or area, amended, or rescinded by proclamation. Prohibitions and restrictions imposed by proclamation under the authority of G.S. 14‑288.12, 14‑288.13, and 14‑288.14 shall expire five days after their last imposition unless sooner terminated under G.S. 14‑288.14(c)(3), by proclamation, or by the governing body of the county or municipality in question. Prohibitions and restrictions imposed by proclamation of the Governor shall expire five days after their last imposition unless sooner terminated by proclamation of the Governor. (1969, c. 869, s. 1.)


but I am not a lawyer, I only play one on the internet.



The section before that seems to also grant her broad powers to amend in her proclamation. In fact it makes it a crime of class two misdemeanor to disobey her proclamation including any amendments she may tack on.

I am not about to argue with a proclamation that goes in my favor. And I do not dispute the fact that a Governor should have the authority to declare a SOE. In this case it was necessary to trigger federal funds that will be sorely needed by emergency first responders and other state agencies. Many of my customers depend on these funds when an emergency exists since their regular budgets would be extremely tapped out or unable to properly deal with an emergency.

Just my humble 2 cents...asbestos suit is on so fire away

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Bajadudes it appears you are absolutely correct. Yes the Governor is given the authority to declare a state of emergency; and yes there is a statute that provides an imposition on the carrying of firearms. Given that 14‑288.16 provides the authority for the SOE to be declared it also provides the governor the authority to modify any applicable restrictions, of which the statute regarding carrying firearms during a SOE is one. You further point out that this is not just a toothless bit of wording, but also provides for the prosecution of law enforcement who would attempt to enforce the SOE firearms restriction when the governor has modified the declaration to specifically not interfere with firearms carrying restrictions.

Jerry1981 said:

So we have to wait like 27 more days before we can carry? Forgive me if I misunderstood ..

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http://www.governor.state.nc.us/NewsItems/PressReleaseDetail.aspx?newsItemid=1807

Just print out EO87 (Look at Section 7). I keep a copy in my wallet, just in case. But seriously, IMHO, most LEOs don't even know of the ban when an SOE is called and less about the EO87. Carry On NOW and not 27 days from now. I have been carrying since and going forward, LEOs have seen me and not said a word. I would think this especially true in an area not affected by the weather.

Ill probably run concealed until then just to be safe then once the SOE is gone back to OC my preferred carry

I been open carrying my .44 every day, no issues from Clayton to downtown Raleigh.

There won't be many problems, really. The word is out to LE agencies concerning the "no enforcement" thing, so those LEOs who are actually aware that a SOE means "no guns" in the first place should have gotten the message concerning the Gov's special rules she makes up at will.

American Patriot said:

It appears the governor has the authority to decide between two different SoE declarations. One would satisfy Federal regulations without restricting citizen's rights to carry, the other would restrict citizen's right to carry.

She chose not to restrict the citizen's right to carry.

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You are wrong... The method she chooses to use--166A--actually DOES invoke the weapons carry ban. It's just that most people in NC doen't have the reading comprehension, research abilities, or attention span to read the ENTIRE statute. It is clearly stated in the body of 166A that the weapons ban is invoked.

Either way institutes the weapons transport ban. Period...

Bev just chooses to instruct the State LEAs to selectively enforce this prohibition, fo rpolitically expedient reasons.

The Second Amendment Foundation currently has a lawsuit pending against the State to overturn this provision. Bev has been doing this unconstitutional and illegal selective enforcement of the criminal code because of this pending lawsuit. She is attempting to establish the grounds for dismissing this suit because if nobody is charged with violating the prohibition CLEARLY delineated by the statutes, then she can claim SAF has no "standing" because the law has not caused "injury".

It's a legal ploy to try and absolve her and the state government of responsibility for this blatantly unconstitutional law, and to prevent SAF from taking this case to trial, where they would almost certainly win. Such a win would be a HUGE blow to the anti-gun folks--because it would establish case law precedent that such "emergency carry bans" are not legal.

Many states took these laws off their books after the outrage of the gun confiscations during and after Katrina. But NC left our law on the books.

Bev doesn't care about 2A rights. She cares about maintaining the status quo. She cares about keeping guns out of the hands of minorities, the poor, and women. She cares about keeping the racist and classist gun laws of NC in effect because such laws keep two of the biggest voting blocks in NC happy--the Klan and the Anti's...

This law was originally passed to keep blacks and Native Americans from protecting themselves against Klan attacks. It is a disgustingly racist policy, and an embarrassment to the fine people of NC. It needs to be repealed.

The Right to Keep and Bear Arms is NOT contingent on race, color, creed, or economic class. It is a FUNDAMENTAL HUMAN RIGHT, and applies to ALL of the People, all of the time.

Don't make excuses for this bad law, or for Bev's duplicitous political machinations. Support for this law, and for Bev's lies, is nothing short of outright racism and classism.

Dreamer what code section authorizes the governor to declare a state of emergency?

jmelvin said:

Dreamer what code section authorizes the governor to declare a state of emergency?

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She usually declares a SOE under her authority of Article 1 of Chapter 166a of the GS. This bypasses the normal route of declaring a SOE under Article 36a of Chapter 14 of the GS. Chapter 14 is where you will find the restrictions for firearms as well as alcohol and other normal restrictions.