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Thread: NC State of Emergency affects right to carry.

  1. #1
    Campaign Veteran kimbercarrier's Avatar
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    NC State of Emergency affects right to carry.

    I just saw this posted on the NC forum. Since some of us may travel to NC might be good to know there is a State of Emergency declared for 30 days and it affects your right to carry.


    http://forum.opencarry.org/forums/sh...DE-for-30-days...

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by kimbercarrier View Post
    I just saw this posted on the NC forum. Since some of us may travel to NC might be good to know there is a State of Emergency declared for 30 days and it affects your right to carry.


    http://forum.opencarry.org/forums/sh...DE-for-30-days...
    I knew it but it's a good post.
    Since I'm right on the line I try to stay on my side as much as possible.

    It's a shame, I love NC and North Carolina people are my all time favorites but they just can't get a handle on some of their gun laws.

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    Regular Member papa bear's Avatar
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    peter i am on the line like you, and i spend about as much time in VA as i do NC. you are right NC do have some stupid (ambiguous laws).

    although i have ran into some things in VA

    http://forum.opencarry.org/forums/sh...ear-Bassett-VA
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
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    i you call a CHP a CCW then you are really stupid. period.

  4. #4
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by papa bear View Post
    peter i am on the line like you, and i spend about as much time in VA as i do NC. you are right NC do have some stupid (ambiguous laws).

    although i have ran into some things in VA

    http://forum.opencarry.org/forums/sh...ear-Bassett-VA
    Yeah, I know it Papa Bear. The difference seems to be that even though we bicker among ourselves, we jump on these things as a whole when they come up. Most of the people I know from NC just accept it as something they can't change.

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    Regular Member Dreamer's Avatar
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    Actually, the big issue here in NC isn't so much that we have this silly carry ban during SoE's.

    The big issue is that the Governor seems to think that she can tell LEAs to not enforce the part of the criminal code that puts the carry ban into effect, for reasons of political expediency.

    We're working diligently toward getting the SoE carry/transport ban tossed from our Statutes.

    In the meantime, we all just carry anyway, because even though it's illegal, Governor Bev says we can...
    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 Sc0tt's Avatar
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    Quote Originally Posted by Dreamer View Post
    Actually, the big issue here in NC isn't so much that we have this silly carry ban during SoE's.

    The big issue is that the Governor seems to think that she can tell LEAs to not enforce the part of the criminal code that puts the carry ban into effect, for reasons of political expediency.

    We're working diligently toward getting the SoE carry/transport ban tossed from our Statutes.

    In the meantime, we all just carry anyway, because even though it's illegal, Governor Bev says we can...

    Bingo, i.e. section 7 of EO 87

    Section 7.
    This order is adopted pursuant to my powers under Article 1 of Chapter 166A of the General Statutes and not under my authority under Article 36A of Chapter 14 of the General Statutes. It does not trigger the limitations on weapons in G.S. § 14-288.7 or impose any limitation on the consumption, transportation, sale or purchase of alcoholic beverages.
    http://www.governor.state.nc.us/News...ewsItemID=1809
    -----------------
    --SCOTT

    Si Vis Pacem Para Bellum

    "A government that is big enough to give you everything you need is beg enough to take everything you have, the course of history shows that as government incresses - liberty decreases."


    LEGAL NOTICE: I am not a lawyer, no content in the above post should considered legal advice

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    Campaign Veteran kimbercarrier's Avatar
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    Quote Originally Posted by peter nap View Post
    I knew it but it's a good post.
    Since I'm right on the line I try to stay on my side as much as possible.

    It's a shame, I love NC and North Carolina people are my all time favorites but they just can't get a handle on some of their gun laws.
    Yea I posted it because we don't have to worry about this sort of thing here. And if we travel down there who's going to think about checking for this kind if stuff. I have some family down there and would have carried there if I went down not knowing this was going on.

    I wouldn't want to be stopped and told ignorance of the law is no excuse, click click watch your head.

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    My letter to the NC Governor...

    Governor,

    I was planning a trip to vacation in your State. This trip will now be canceled since a State of Emergency was declared and your laws forces law abiding citizens to disarm.

    Why this is necessary is beyond comprehension. We all know that law abiding citizens will do what the law dictates and criminals will do what they please, when they please, no matter who it may harm.

    Why you would ask the people to disarm at a time when it's most needed is ludacris. Law Enforcement Officers are busy with rescue and damage control. The people are left to defend for themselves to a point, and you just took away their most capable method.

    I'm sure the State could have used the cash from my trip, but I'll find a state that empowers the people, not enslaves them.

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    Regular Member TFred's Avatar
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    Quote Originally Posted by cyras21 View Post
    Governor,

    I was planning a trip to vacation in your State. This trip will now be canceled since a State of Emergency was declared and your laws forces law abiding citizens to disarm.

    Why this is necessary is beyond comprehension. We all know that law abiding citizens will do what the law dictates and criminals will do what they please, when they please, no matter who it may harm.

    Why you would ask the people to disarm at a time when it's most needed is ludacris. Law Enforcement Officers are busy with rescue and damage control. The people are left to defend for themselves to a point, and you just took away their most capable method.

    I'm sure the State could have used the cash from my trip, but I'll find a state that empowers the people, not enslaves them.
    You should probably read up on the situation a little before you send a letter. The governor is declaring that she has not disarmed the populace, because she has chosen not to activate or engage (or whatever word fits) that particular section of the code.

    Our Pro-2A friends in NC insist that this claim is not a legal option, and is used simply as an excuse to dissuade efforts to get this onerous law off the books.

    In any case, writing a letter to the governor without taking her position into account will certainly get you dismissed as just another "wacky pro-gun conservative, etc.".

    TFred

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    Quote Originally Posted by TFred View Post
    You should probably read up on the situation a little before you send a letter. The governor is declaring that she has not disarmed the populace, because she has chosen not to activate or engage (or whatever word fits) that particular section of the code.

    Our Pro-2A friends in NC insist that this claim is not a legal option, and is used simply as an excuse to dissuade efforts to get this onerous law off the books.

    In any case, writing a letter to the governor without taking her position into account will certainly get you dismissed as just another "wacky pro-gun conservative, etc.".

    TFred

    Huh? You're ok with this? A Governor deciding what laws and when to enforce? She did declare a State of Emergency and apparently under that declaration it's unlawful to bear arms off of your property. The solution is not for the Governor at a whim to decide she's not going to enforce it, rather change the law so the people can protect themselves.

    I think her saying she's not going to enforce it is more dangerous then the law being on the books. When does her whim stop? Is she now going to create law on her because it's for the greater good? A lil far fetched but hopefully you understand my point.

  11. #11
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    The same set of statutes that list the firearms prohibition during a state of emergency also authorize the governor to rescind or modify the applicability of the restrictions via decree of the State of Emergency.

    http://www.ncga.state.nc.us/EnactedL...14-288.16.html

    § 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.)

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    Quote Originally Posted by jmelvin View Post
    The same set of statutes that list the firearms prohibition during a state of emergency also authorize the governor to rescind or modify the applicability of the restrictions via decree of the State of Emergency.

    http://www.ncga.state.nc.us/EnactedL...14-288.16.html

    § 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.)
    IMO this gives too much power to one person.

    I'm a Louisiana native, and until recently didn't really enjoy living in VA. I think the issue was/is I work in Leesburg (NOVA) which leaves a sour taste in many peoples' mouths.

    After planning a few trips and looking up the respective states laws, I'm loving VA more and more. I think when it comes time for retirement I'll move a lil further south though.

  13. #13
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by cyras21 View Post
    IMO this gives too much power to one person.

    I'm a Louisiana native, and until recently didn't really enjoy living in VA. I think the issue was/is I work in Leesburg (NOVA) which leaves a sour taste in many peoples' mouths.

    After planning a few trips and looking up the respective states laws, I'm loving VA more and more. I think when it comes time for retirement I'll move a lil further south though.
    NOVA is not representative of Virginia. Although there are many fine people living there, it is more aligned with MD and DC.

    Come south a few miles and enjoy the real world.

  14. #14
    Regular Member TFred's Avatar
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    Quote Originally Posted by cyras21 View Post
    Huh? You're ok with this? A Governor deciding what laws and when to enforce? She did declare a State of Emergency and apparently under that declaration it's unlawful to bear arms off of your property. The solution is not for the Governor at a whim to decide she's not going to enforce it, rather change the law so the people can protect themselves.

    I think her saying she's not going to enforce it is more dangerous then the law being on the books. When does her whim stop? Is she now going to create law on her because it's for the greater good? A lil far fetched but hopefully you understand my point.
    Quote Originally Posted by cyras21 View Post
    IMO this gives too much power to one person.

    I'm a Louisiana native, and until recently didn't really enjoy living in VA. I think the issue was/is I work in Leesburg (NOVA) which leaves a sour taste in many peoples' mouths.

    After planning a few trips and looking up the respective states laws, I'm loving VA more and more. I think when it comes time for retirement I'll move a lil further south though.
    No, I am not "OK with this", and yes, it very well may give too much power to one person.

    Your letter as presented addressed neither of these two points, but instead, complained about a situation that the governor will immediately dismiss as not applicable. Hence my comment,

    writing a letter to the governor without taking her position into account will certainly get you dismissed as just another "wacky pro-gun conservative, etc.".
    Your letter complains about a position that she has already explained away, at least to her own satisfaction. Her people will read your letter and assume that you are totally ignorant of the situation, because you are addressing "old and incorrect" information, and not the current state of the situation.

    My point was that if you want to address the situation at hand, then you must write points that do exactly that... your letter did not.

    TFred

    PS: Welcome to Virginia. It is a great state, despite our own set of issues... I think we fare better than most, and far better than some, and we have a wide variety of places, surely enough to satisfy nearly any taste. And yes, generally, south-er is better. :-)
    Last edited by TFred; 05-01-2011 at 03:10 PM. Reason: ETA: PS

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