North Carolina governor suspends gun rights

September 2nd, 2010 12:09 pm ET


In satellite image provided by the National Oceanic and Atmospheric Administration (NOAA), Hurricane Earl moves through the Atlantic Ocean toward the U.S. coast, leading three Governors to declare states of emergency.
Photo: (Photo by NOAA via Getty Images)
State of emergency order makes criminals of concealed handgun permit-holders, sport shooters and hunters.

[Raleigh] Yesterday, North Carolina Governor Beverly Perdue signed Executive Order No. 62, declaring a State of Emergency in advance of Hurricane Earle. In doing so, Perdue suspended the right of state residents to use or carry firearms outside their premises.

At issue is N.C. General Statute 14-288.7, which prohibits transporting a “dangerous weapon” during a state of emergency:

§ 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).)

According to § 14 288.1 (10), a state of emergency exists “whenever, during times of public crisis, disaster, rioting, catastrophe, or similar public emergency, public safety authorities are unable to maintain public order or afford adequate protection for lives or property, or whenever the occurrence of any such condition is imminent.”

Violation of the order is a Class I misdemeanor, punishable by up to 120 days in jail. Those impacted include concealed handgun permit-holders, sport-shooters, and anyone else carrying a firearm outside their home or business. Critics note that dove-hunting season begins on Saturday (September 4), potentially making criminals of thousands of hunters.

NC DEMOCRATS REFUSE TO RECTIFY PROBLEM

In recent years, two North Carolina bills could have prevented infringement on individual rights under state of emergency laws. Under Section 3 of House Bill 257: “No Seizure of Lawful Firearms in Emergency,” sponsored by Rep. George Cleveland (R-Onslow) and three other legislators, lawfully possessed firearms and ammunition would have been exempted from the state of emergency law.

Despite support from the state’s primary gun group, Grass Roots North Carolina*, and others the bill died when it was denied a committee hearing by Democrat leadership, including Speaker Joe Hackney (D-Chatham, Moore, Orange) House Majority Leader Hugh Holliman (D-Davidson) and Judiciary Committee Chairman Representative Ronnie Sutton (D-Robeson).

The issue became more urgent in February, when the town of King declared a state of emergency in response to an impending snowstorm and posted the entire town against the sale and purchase of firearms and ammunition.

In response, GRNC worked with Rep. Mark Hilton (R-Catawba) to revamp the bill and introduce it again, with stronger language on the state of emergency issue, during the second year of the legislature’s two-year session as HB 2031. Referred to the House Judiciary I Committee, chaired by anti-gun Rep. Deborah Ross, that bill too died when Democrats denied it a hearing.

LAWSUIT PENDING ON STATE OF EMERGENCY LAW

Ironically, in June GRNC joined Michael Bateman, Virgil Green, Forrest Minges, Jr., and the Second Amendment Foundation in a lawsuit against the state’s emergency powers gun ban.

Named in the suit are North Carolina Gov. Beverly Perdue; Reuben Young, secretary of the Department of Crime Control and Public Safety; Stokes County and the City of King.

Filed in U.S. District Court for the Eastern District of North Carolina, the official title is Bateman et al v. Perdue et al, Case No. 5:10-cv-265. It contends that state statutes forbidding carrying of firearms and ammunition during declared states of emergency, as well as laws enabling government officials to prohibit purchase, sale and possession of firearms and ammunition are unconstitutional because they forbid the exercise of Second Amendment rights as affirmed by the Supreme Court ruling in McDonald v. Chicago.

Plaintiffs are represented by attorney Alan Gura, who won the recent McDonald v. Chicago Second Amendment case and the landmark D.C. v. Heller case preceding it. Local counsel includes Andrew Tripp and Kearns Davis of Brooks, Pierce, McLendon, Humphrey & Leonard, LLC.

After GRNC issued an alert to its members, word of the implications of Perdue's order spread on the Internet, including being featured on thetruthaboutguns.com. It is widely anticipated that the order will add impetus to the Bateman lawsuit.

*Author F. Paul Valone is president and a co-founder of Grass Roots North Carolina.
http://www.examiner.com/gun-rights-in-charlotte/north-carolina-gove...

Views: 55

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

Comment by Nikki on September 3, 2010 at 5:30pm
Just when you need protection the most!

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

cheeki kea commented on Doc Vega's blog post Government Issued Wearables? What’s Wrong With this Picture?
"I wonder what wearables must have been like before the last reset. "
59 minutes ago
Burbia commented on Burbia's video
7 hours ago
Doc Vega posted blog posts
8 hours ago
Doc Vega commented on tjdavis's blog post National Blueprint For Biodefense
"Another scare tactic to push people into anew regime of vaccinations! Either that, or this is a…"
9 hours ago
Sandy posted a video

Dr. Mike Yeadon Speaks Out Against Digital ID, CBDCs, and Agenda 2030

Dr. Mike Yeadon, ex-Pfizer VP, urges public rejection of digital ID, CBDCs, and Agenda 2030, warning of future restrictions on freedom and privacy.
yesterday
Doc Vega posted blog posts
yesterday
Burbia posted a video

"EVERYONE'S BEEN SHOT UP HERE": Arsonists Set Wildfire In Idaho, Open Fire On Firefighters, Police

- Shocking news just broke that multiple firefighters and officers were shot in an ambush at the Canfield Mountain Natural Area in Coeur d'Alene, Idaho.Acco...
Monday
Doc Vega posted a blog post

The Draconian Show

Sometimes I talk to my invisible friend, IkeHe comes from another dimension when magnetic fields…See More
Friday
tjdavis posted a blog post
Thursday
Doc Vega posted a blog post
Jun 25
Doc Vega posted blog posts
Jun 24
Doc Vega posted blog posts
Jun 23
Doc Vega favorited tjdavis's photo
Jun 22
Doc Vega commented on tjdavis's photo
Thumbnail

Game Night

"Ha! Good one!"
Jun 22
Doc Vega commented on FREEDOMROX's blog post MRNA VACCINES: Question
"Listen man I know where you're at but back in October of 2023 thru December of 2023 for months…"
Jun 22
tjdavis posted a video

Architecton | Official Trailer HD | A24

SUBSCRIBE: http://bit.ly/A24subscribeWritten and directed by Victor Kossakovsky and starring Michele De Lucchi. ARCHITECTON – Coming Soon RELEASE DATE: Comin...
Jun 22
tjdavis posted photos
Jun 22
tjdavis posted a blog post
Jun 21
Burbia posted a video

Europe Will Not Survive

The hubris.All things Archaix at www.archaix.com
Jun 21
FREEDOMROX posted a video
Jun 21

© 2025   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted