Posted on 09/04/2010 1:46:50 AM PDT by Copernicus
Perdue faces a monumental problem: To get FEMA aid in response to the hurricane, she must declare a State of Emergency. Yet G.S. 14-288.7 is quite clear that under a SoE, no one but law enforcement officers and the military, during commission of their duties, may transport firearms away from his or her “premises.”...........
SAYS THE GOVERNOR’S OFFICE: “Dove season will open as scheduled on Sept. 4. The Commission’s general counsel has advised that there is no legal impediment to hunting during the current state of emergency.”...............
The most bald-faced lie told by the governor, however, is this:
“You have asked whether G.S. 14-288.7 applies to the state of emergency declared in Executive Order 62 due to Hurricane Earl. Executive Order 62 was issued pursuant to the Governor’s authority under the North Carolina Emergency Management Act, Chapter 166A of the General Statutes and not pursuant to her authority under Article 36A of Chapter 14 of the General Statutes. [Emphasis added].................
(Excerpt) Read more at examiner.com ...
Best regards to all,
This all sounds like BS,,,
The “state” has no rights in this...
http://www.freerepublic.com/focus/f-bloggers/2582608/posts
http://www.freerepublic.com/focus/f-news/2582386/posts
http://www.freerepublic.com/focus/f-bloggers/2581884/posts
Best regards,
TANKS a bunch for the info,,,
I need to add that huntin’ season is under state control,,,
That can be called off for any reason,,,
Louisiana passed Another law after Katrina,,,
There won’t ever be another “gun grab” in NOLA or anywhere
else in this state,,,
As I’m sure you know this happened in the 9th ward area,,,
Baton Rouge was told if this was ever tried again that
they would start a war...
Beverly Perdue....another reason I should quit the NRA. They endorsed her.
Bev Perdue. Just another reason we are leaving North Carolina for good in three weeks!
NC Dove Hunters: in just a few hours, we will en masse commit Class 1 Misdemeanors, punishable by up to 120 days in jail. We must do this, to defend our Constitutional right to keep and bear arms. Do not let this regime deceive you nor deter you.
44 USC section 5207 applies, passed into law in 2007 in response to disarmament orders.
Prohibits any one acting under authority of or under color of federal law while receiving federal doallrs (during a declared emergency) from disarmament frivolities...
But the Governor has issued an opinion that you are NOT committing a crime.
This article seems to be COMPLAINING that the governor has said her State of Emergency does not include banning the transportation of guns.
Now, she could be right, or wrong, but I don’t see why anybody who likes guns would be upset with her.
Further, I don’t see why conservatives would be arguing about declaring a state of emergency when a category 4 hurricane has a chance to hit your state.
SO in short, I understood the anger earlier when it looked like people weren’t allowed to have their own guns for protection during a state of emergency, and thought the law should be changed, but I don’t understand why we’d be arguing against this latest pronouncement.
How about because, if she is wrong, a person could be charged with and convicted of a crime? Is there a provision in the law which provides immunity in a case where an accused was relying on the verbal utterances of a Governor? Or does the defendant have a responsibility to know the law and follow it regardless of what the Governor says?
I doubt very much that the two laws in question use language which permits the Governor to declare a certain circumstance both a "state of emergency" and NOT a "state of emergency", using two different definitions of the term.
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