North Carolina Suspends Right To Keep And Bear Arms

John Jacob H's RKBA Commentary ^ | 09/01/10 | John Jacob H's RKBA Commentary

[Copernicus]

Upon Governor Beverly Perdue’s declaration of a State Of Emergency on September 1, 2010 Dove Hunters, Concealed Carry Handgun Licensees, Target Shooters and all other gunowners cannot possess, transport or use firearms off their personal property as per N.C. Gen. Stat. § 14-288.7

[samtheman]

So I assume that they will also be able to quarter soldiers in private homes, conduct warrentless searches and seize property without due process.

Can't you read? It's a HURRICANE! Big wind. Big rain.

This is no time to be thinking about CONSTITUTIONAL RIGHTS.

Did you read those words?

Big wind.

Big rain.

Nothing else matters.

[stevie_d_64]

Liberal elitists will feel better about forcing everyone else to be “equal”, potential victims to be exploited by those who look for opportunities like this...

Sounds to me like the NC state government needs to fix this particular BS before the next “big one”...

Anyone having a NC “permit” holder to carry in that state you should be all over this like white on rice!!!

[stevie_d_64]

Federal Courts will be closing today by 9am EST...So they will probably not even open...Check that...They we’re probably off by COB yesterday...Maybe Monday...Ahhh, heck, they probably have the whole week off since last Friday...

People who had jury duty probably are the happiest people in that state right now...Most of them don’t carry anyway, so what be da prob Bob???

See whut I mean??? ;-)

Time to make sure you have a few tubs to carry your pilfered Heinikens through the potential flood waters..

No, I am not going through any kind of pre-hurricane drinking binge...

Ok, I’ll shut up now...Don’t want to be too hated today, just yet...

Too late???

[Gilbo_3]

‘I am Roberticus’...8^}

[freekitty]

If I were NC, I would charge her immediately with treason and I wouldn’t wait around.

[Gilbo_3]

pingy thingy...what east coast state did this last yr ??? virginia, in violation of their own statute ???

IIRC we [FR] made a stink, but were poo-pooed that it wasnt a big deal and it just faded from radar...

[Cheeks]

I don’t recall anything like this in Virginia.

[ATLDiver]

It’s a shame really, NC has so much going for it. The dens have targeted that state for years to turn it purple.

The lack of manufacturing and agriculture jobs will hurt the dens in Nov and in ‘12 but still as a native I hate to see it.

[cycjec]

Violating the 3rd Amendment is the only one not currently
being abrogated in practice. Wouldn’t rule that out either.

[longtermmemmory]

Democrat?

If so this is the gift that keeps giving.

[ScottinVA]

Hey Bev!!...

[donmeaker]

I am glad someone got the reference... Time wounds all Heels.

[caseinpoint]

I’m glad that exemption is given. Thanks for the info.

[Texas Fossil]

§ 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).)

SUBCHAPTER IX. OFFENSES AGAINST THE PUBLIC PEACE.

Article 35.

Offenses Against the Public Peace.

§ 14‑269. Carrying concealed weapons.

(a) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind, except when the person is on the person's own premises.

(a1) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any pistol or gun except in the following circumstances:

(1) The person is on the person's own premises.

(2) The deadly weapon is a handgun, and the person has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24.

(3) The deadly weapon is a handgun and the person is a military permittee as defined under G.S. 14‑415.10(2a) who provides to the law enforcement officer proof of deployment as required under G.S. 14‑415.11(a).

(b) This prohibition shall not apply to the following persons:

(1) Officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons;

(2) Civil and law enforcement officers of the United States;

(3) Officers and soldiers of the militia and the National Guard when called into actual service;

(4) Officers of the State, or of any county, city, town, or company police agency charged with the execution of the laws of the State, when acting in the discharge of their official duties;

(5) Sworn law‑enforcement officers, when off‑duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body.

(b1) It is a defense to a prosecution under this section that:

(1) The weapon was not a firearm;

(2) The defendant was engaged in, or on the way to or from, an activity in which he legitimately used the weapon;

(3) The defendant possessed the weapon for that legitimate use; and

(4) The defendant did not use or attempt to use the weapon for an illegal purpose.

The burden of proving this defense is on the defendant.

(b2) It is a defense to a prosecution under this section that:

(1) The deadly weapon is a handgun;

(2) The defendant is a military permittee as defined under G.S. 14‑415.10(2a); and

(3) The defendant provides to the court proof of deployment as defined under G.S. 14‑415.10(3a).

(c) Any person violating the provisions of subsection (a) of this section shall be guilty of a Class 2 misdemeanor. Any person violating the provisions of subsection (a1) of this section shall be guilty of a Class 2 misdemeanor for the first offense. A second or subsequent offense is punishable as a Class I felony.

(d) This section does not apply to an ordinary pocket knife carried in a closed position. As used in this section, "ordinary pocket knife" means a small knife, designed for carrying in a pocket or purse, that has its cutting edge and point entirely enclosed by its handle, and that may not be opened by a throwing, explosive, or spring action. (Code, s. 1005; Rev., s. 3708; 1917, c. 76; 1919, c. 197, s. 8; C.S., s. 4410; 1923, c. 57; Ex. Sess. 1924, c. 30; 1929, cc. 51, 224; 1947, c. 459; 1949, c. 1217; 1959, c. 1073, s. 1; 1965, c. 954, s. 1; 1969, c. 1224, s. 7; 1977, c. 616; 1981, c. 412, s. 4; c. 747, s. 66; 1983, c. 86; 1985, c. 432, ss. 1‑3; 1993, c. 539, s. 163; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 398, s. 2; 1997‑238, s. 1; 2003‑199, s. 2; 2005‑232, ss. 4, 5; 2005‑337, s. 1; 2006‑259, s. 5(a); 2009‑281, s. 1.)

[Texas Fossil]

It is a really stupid law, that I feel for the most part will be ignored during the hurricane.

The good thing that may come out of this is an effort to fix a problem with the law.

Now the question is “intent” of the legislatures who sponsored the law. If they are still in office I think it might be a threat to their re-election.

The people of NC are not that different from Texas in most respects. I am married to a Tar Heel.

[Gondring]

Exactly.

I haven’t looked into the exact definition of “premises” in North Carolina law, and I don’t intend to. But it’s clear that the police will not be in violation of the law as they go about their normal duties. Only those not exempt would be.

[paulycy]

We have unalienable and Constitutional Rights...

...unless the weather is bad, of course.

[paulycy]

[July4]

A condition of emergency is THE time when law-abiding citizens SHOULD be allowed to carry concealed weapons. There are people living in our community now who left New Orleans, not because of hurricane damage, but because every single thing they owned had been stolen by looters before the storm hit. When law and order are not available, we MUST protect ourselves. Where's the NRA? Where are my elected representatives? Oh, yeah, I forgot. They're busy passing bills they haven't read and running for re-election.

[Gondring]

Now the question is “intent” of the legislatures who sponsored the law.

I'm sure the intent of the law is to let police deal with the situation and not have the extra burden of sorting out the good from the bad when it comes to armed bands or individuals moving about during the emergency. It allows someone to protect his own premises. And in a perfect world, that would be great--sort of like government involvement in marriage is fine...as long as everyone operates in a traditional marriage view.

But when there's a forced evacuation or a corrupt state, this is a dangerous law. And as eyedigress rightly points out, one might be in violation of the state law if one were to take an otherwise prudent course of action.