Posted on 12/29/2010 4:01:29 AM PST by 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?
In other-words Carpet Baggers.
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.
Hear, Hear!
Only a bunch of gay crossdressers in a gayday float parade pimp out an AR platform. Real men pimp out their M-14 SOCOM II carbines with all the appropriate geegaws.
And half backs if you know that term.
I believe your information is out of date.
In November 1996, the citizens of North Carolina voted to amend the State Constitution to allow for a gubernatorial veto (Section 22 of Article II of the North Carolina Constitution). All Public Bills other than bills making appointments, proposing constitutional amendments, or revising districts are presented to the Governor on the day following ratification for the Governor's approval or veto.
Thanks. I live here and didn’t know that. It gives me hope.
This is the link from the original posting:
http://www.wect.com/Global/story.asp?S=13740967
State of emergency declared in North Carolina
Posted by Meteorologist Robb Ellis - bio | email | facebook
WILMINGTON, NC (WECT) - A state of emergency was declared for the entire state of North Carolina by Lt. Governor Dalton, in consultation with Governor Bev Perdue.
Ohhh, pretty official there – a posting by a Meteorologist
Okay, check out the Official Web Site of the State of North Carolina at
Given the ‘Emergency’ nature of things, one could readily expect this to be a prominent feature on the Official Web Site of the State of North Carolina, right?
Nope.
Okay, let’s check out the Governors web site:
http://www.governor.state.nc.us/#
Finally found it under Executive orders:
http://www.governor.state.nc.us/NewsItems/ExecutiveOrderDetail.aspx?newsItemID=1611
EXECUTIVE ORDER NO. 75
PROCLAMATION OF A STATE OF EMERGENCY
BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA
WHEREAS, Governor Perdue and I have conferred and I am entering this executive order at her request pursuant to Article III, Section 3(2) of the North Carolina Constitution and N.C.G.S. § 147-11.1(a)(2) due to her absence from the State; and
WHEREAS, pursuant to the authority vested in me as Acting Governor by the Constitution and the laws of the State of North Carolina
…Snip…
Section 8.
This Executive Order is effective immediately and shall remain in effect for thirty (30) days or the duration of the emergency, whichever is less.
My questions are these:
Just how in hades are the good people of North Carolina supposed to know about this order without having to dig for it?
Even the Press release from their governor That ‘Urges Caution for Travelers throughout the State’ doesn’t mention the ‘State of emergency’
And it specifies “thirty (30) days or the duration of the emergency, whichever is less.”
Who decides when the “Emergency” is over?
Or is it a case where the good people of North Carolina have just lost their right to defend themselves for 30 days?
What’s to stop other states like Kansas or the Federal government from doing the same thing?
Thankfully if you look at:
EO 76: Temporary Suspension of Motor Vehicle Regulations
http://www.governor.state.nc.us/NewsItems/ExecutiveOrderDetail.aspx?newsItemID=1610
Section 9.
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.
Is it too much to as that they publicize these little ditties better?
SO, it would appear that the ‘Benevolent’ government of the great state of North Carolina has decided to not strip the good people of North Carolina the right to defend themselves – THIS TIME.
(Could someone please independently verify what I've posted to make sure I didn't mess up somewhere along the line - I won't be offended)
Bobby Jindal, working closely with the NRA, got a law passed here in Louisiana that will prevent that from happening again.
BTW, it is not against the law to openly carry in Louisiana, but you must have a permit to carry a concealed firearm.
Yep. I had lived in NC pre-1996, when the Governator indeed lacked the veto. But that's not really a valid excuse for my mistake. Mea culpa!
and several others.
IIRC - case law has in the past defined “premises” to mean within one’s house. People have been convicted for carrying concealed on their property.
This is old information, and may have been corrected by more recent decisions, but is pretty nasty if still the case.
According to North Carolina General Assembly the North Carolina State Constitution says:
ARTICLE I -- DECLARATION OF RIGHTS
Sec. 5. Allegiance to the United States.
Every citizen of this State owes paramount allegiance to the Constitution and government of the United States, and no law or ordinance of the State in contravention or subversion thereof can have any binding force.
Therefore, whereas the United States Constitution says, in its Second Amendment, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed" any infringement on the right of the people to keep and bear arms by a state law or state ordinance is, by NC Constitution's sec 5 of art 1 is null and void.
So NOW we need a Republican governor.
Not true anymore, as of 1996...
Sorry for the double-up on the veto thing; I hadn’t worked my way through all the replies yet.
I simply noted someone who really wasn’t up to speed. Check the other responses here. Bev Perdue isn’t just a silly blonde, she really has to be pushed into alternative employment at the next round.
Understand that I wasn’t criticizing you with my previous posting – the least thing the wonderful rulers of North Carolina could do would be make it clear how this ‘Emergency’ would affect carrying permits instead of making people dig through piles of paperwork.
And it could only be a matter of time before that state and others leave those hidden provisions out of their proclamations of governmental power.
I do have a confession, I have two AR platforms, the fanciest is a pre-ban Bushmaster flat top with a 40mm red dot scope on it, nothing else.
My Springfield Armory M1A Standard is still crying for a bipod. Nothing fancy with it except for me customizing the GI fiberglass stock with some carbon fiber, looks big and heavy.
And just this monday I bought another jug of H4898, dug out some new winchester brass and I cleaned off my reloading bench after I made my earlier post. I still have a couple boxes of Barnes 150gr. Triple Shocks to load up.
Sounds like a trump card to me!
My obligation is to my family and me....Not the state.
Indeed so; I think *many* people would be surprised if they a) read their state constitutions AND b) [logically] considered the implications thereof.
I am considering “making an issue” of things using my own State’s Constitution; to wit:
New Mexico State Constitution
Art II, Sec 6 — [Right to bear arms.]
No law shall abridge the right of the citizen
to keep and bear arms for security and
defense, for lawful hunting and recreational
use and for other lawful purposes, but nothing
herein shall be held to permit the carrying
of concealed weapons. No municipality
or county shall regulate, in any way, an incident
of the right to keep and bear arms.
There are two options that I’m considering for my “opening salvo”:
1) NMSA 30-7-2.4. Unlawful carrying of a firearm on university premises — http://www.conwaygreene.com/nmsu/lpext.dll?f=FifLink&t=document-frame.htm&l=query&iid=6c1804dd.55b72e94.0.0&q=%5BGroup%20%2730-7-2.4%27%5D
2) Municipal- & County- courthouses with “NO WEAPONS” signs posted.
The former option offers the very appealing “safety-net” of, should my appeal be overridden by emotionalism, a misdemeanor charge.
The second, however, would give me immense satisfaction if I were successful because it would [in that case] prove that the state-Judiciary *IS* bound by the State Constitution.
A third and nationally-impactful idea I have is going up to the local Army-base while open carrying and attempt to courteously walk onto the base. When the base entrance-guards deny that entry due to the base’s policy demand to see their supervisor. This I will keep pushing until [hopefully] I get to the base commander, at which point I can reveal the Trump Card of the UCMJ [that is ‘lawful orders’] any order which is contrary to the Constitution must needs be an unlawful order and therefore cannot be legitimately enforced — furthermore, all solders have the DUTY to refuse to enforce such orders... even should they deny that, there is the federal law Conspiracy Against Rights [ http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000241——000-.html ] which only requires “two or more persons conspir[ing] to [...] oppress, threaten, or intimidate any person [...] the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same.”
Yes, I intend to legally disembowel people and governmental-institutions for their disregard of laws.
I swore an oath to defend the Constitution, from all enemies both foreign and domestic, and I intend to do so.
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