Blizzard Strips Gun Owners of Concealed Carry Privilege(NC)

nannystateliberationfront.net ^ | 28 December, 2010 | NA

[marktwain]

The recent blizzard that hammered North Carolina is also taking its toll on the state’s law abiding gun owners. Citizens possessing concealed carry permits who are caught packing heat during the “state of emergency” will be subject to criminal charges, per the state’s firearms law.

On Christmas Day, Lt. Governor Walter Dalton, in consultation with Governor Bev Perdue, called in the National Guard as snow covered every county in the state. Once a state of emergency is declared, concealed carry permits become null and void, and those who aren’t familiar with this bizarre stipulation in the law are subject to arrest and criminal prosecution:

It is also a misdemeanor under North Carolina law for a person to transport or possess, off his or her own premises, a dangerous weapon in an area during a declared state of emergency, or in the vicinity of a riot. N.C. Gen. Stat. § 14-288.7

Can you find any logic in North Carolina’s firearms law for stripping law abiding gun owners of their concealed carry privileges during inclement weather?

[saganite]

The Dems pretty much owned the South up until the recent past and some of that legacy hangs on here. The other issue is the tri cities area which is heavily liberal.

[backwoods-engineer]

I have 100% ignored this stupid law since I moved to this state. The 2nd Amendment confirms that I have the right to keep and bear arms, fake “emergency” or no.

[Ditto]

How did NC become so liberal?

The Democrats have controlled the NC State Legislature for 100 years. In November, the Republicans finally won control.

[Niteranger68]

Any guesses which national group endorsed Bev Perdue when she ran for governor?

Anyone???

The NRA of course!

[PGalt]

Interesting...thanks for posting. Great thread. BTTT!

[antiRepublicrat]

This is the most idiotic thing I’ve heard—and coming from a southern state too.

From a Southern state is what makes it make sense. I believe the law was designed as a pretext to disarm blacks. If the colored folk get uppity, you only need to declare a state of emergency and you can take all their guns. The creators of this law would be horrified to see it applied to whites.

Our gun laws have racist origins. This is no different.

[JamesA]

Just the beginning, It will happen again. I am wondering what will happen the next time?

[I Buried My Guns]

"...Of course too many people think its time to strut around with their pimped out AR platforms like a bunch of gay crossdressers in a gayday float parade..."

Unk, it is very hurtful when you specifically identify me and imply I am a homosexual.

for the record I am merely sensitive, with an eye for window treatments. I like to think my AR-pimping is tastefully executed and restrained.

[Niteranger68]

How did NC become so liberal?

The lack of a "Yankees Stay Out" sign might have something to do with it. This state is infected with dependent liberal yankees and free-loading illegal Latinos.

[Hawthorn]

>> maybe they can get Perdue to sign it <<

Good news:

The law you want can go into effect even if Bev opposes it, because North Carolina’s governors don’t have veto power.

(NC is the only state with such a “weak governor” constitutional provision. In every one of the other 49 states, the governator can veto legislation.)

[Hawthorn]

>> How did NC become so liberal? <<

I believe this sort of law dates back to the days of white supremacy, probably soon after Reconstruction. During a “state of emergency” in the typical ex-Confederate state, all the white gun owners could be made members of the militia (or deputies in the local sherriff’s posse). Under that scenario, the only gun owners who faced confiscation would be among the black folk.

[lwd]

This came up a few months back when a hurricane hit NC. The law is currently being challenged in the courts....Bateman v. Perdue

According to this guy, you can still carry:

The Governor's Office finally posted the Executive Order declaring a State of Emergency due to the heavy snow received. It was declared by Lt. Governor Walter Dalton on Christmas Day under the powers granted to him when the Governor is out of the state. It notes that he did this only after consulting Governor Bev Perdue.

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.

The Executive Order makes specific note that:

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.

The previous six States of Emergency declared by Governor Perdue were pursuant to both Chapter 166A (Emergency Management Act) and Article 36A (NCGS 14 § 288.15). The latter is what triggers the ban on firearms off-premises.

When Governor Perdue declared a State of Emergency prior to Hurricane Earl in Executive Order 62 on September 1st, she insisted that it did not impact the possession of firearms off-premises as that would have interfered with the start of dove season. The wording of the current Executive Order with specific references to Article 36A gives lie to that assertion.

In Executive Order 62, Governor Perdue delegated all powers and authority to the Secretary of Crime Control and Public Safety that had been granted to her by Chapter 166A and Article 36A of Chapter 14. It did not specifically mention NCGS 14 § 288.15 but that would have been included under Article 36A of Chapter 14.

It looks like someone in Raleigh must finally be getting the message about gun bans during a state of emergency. One can only hope that the newly elected Republican majority in the North Carolina General Assembly will amend the law to prohibit gun bans during emergencies.

source

[Gritty]

Where do we find politicans who are so intellectually devoid of common sense?

In North Carolina, we generally find them in the Democrat Party. They have controlled this State for well over 100 years. However, they lost big this past election. Look for some good changes - if we can get them past our Democrat Governor.

[SeeSac]

Thank you for some factual background.

[BelegStrongbow]

Welll...that’s where I happen to live. The New Mexico is the southeast part of town which used to be the independent town of Jonesboro. All along Horner Blvd down to WalMart is mostly Hispanic now. That just happens to surround the Tyson chicken-processing plant. I guess you can draw your own conclusions from that...

[The Comedian]

Once a state of emergency is declared, concealed carry permits become null and void

The government just declared itself null and void.

So freedom of speech, religion, and the rest of the Constitutional rights the government so generously bestows upon us in its beneficence for whatever brief time and whatever limited circumstances it deems reasonable aren't really rights. They're more like accidental non-binding ideas.

Eff this commie tyrant BS.

I'm really ready for the inevitable showdown between these self-crowned royal parasites and the free men they try to own.

Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

[lwd]

You’re welcome. I don’t like seeing disinformation post of FR (no offense to the original poster). I was tricked by a similar article posted on FR when Earl hit a few months back. While there is a law (that needs to be repealed), it is not in effect right now.

[BelegStrongbow]

Check reply #50. The guv can’t veto in NC. It’s the only state where that’s true. That is probably why restrictive Democrat proposals like this one got in given NC has had so many Republican governors. Guess the shoe’s on the other foot now.

Ho ho ho.

[WKUHilltopper]

Good point...I had forgotten that.

[broken_arrow1]

....looting at Walmart by the police?

Just 'democrats' exercising their right to redistribution of America's wealth at it's elemental level (a.k.a. Obama's stash).