GUNS/RLTD North Carolina governor suspends gun rights
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mbabulldog
Has No Life - Lives on TB
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.
* 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.
Jeff Allen
Producer
Ha, learned my lesson from the Thugs actions during Katrina....
Nobody in my family will EVER surrender a weapon for marshall law or other govt. bullshit. That is the line where we die at. Just bought another 1,000 rounds yesterday as a matter of fact.
I'd rather die a Patriot and 3 percenter, than live as a coward and under the rule of unjust men willing to remove our RIGHTS as humans at their discretion.
Without our second amendment RIGHTS, ALL OTHER "rights" become privledges.....priveledges that will at some point, and at some tyrants whim, be revoked.
History will prove this I'm afraid.
J
Nobody in my family will EVER surrender a weapon for marshall law or other govt. bullshit. That is the line where we die at. Just bought another 1,000 rounds yesterday as a matter of fact.
I'd rather die a Patriot and 3 percenter, than live as a coward and under the rule of unjust men willing to remove our RIGHTS as humans at their discretion.
Without our second amendment RIGHTS, ALL OTHER "rights" become privledges.....priveledges that will at some point, and at some tyrants whim, be revoked.
History will prove this I'm afraid.
J
energy_wave
Has No Life - Lives on TB
Sure, suspend Constitutional rights just because a storm is a coming. It's in the Constitution.
denfoote
Inactive
After the confiscations during and after the above mentioned Katrina, it's gonna be, hey Gestapo, try and take the guns. Hope yer wearing a triple vest!!
Remember, you are not talking about already cowed folks in NOLA. You're talking red blooded southern, armed to the teeth, rednecks who remember!!
etc
Inactive
The treason is just so obvious.
We sorely need some kind of TSHTF, just hit the control-alt-delete key sequence, to clean out things. There is absolutely no political fix for this. They want sheep disarmed, killed maybe by thugs (who will obviously not surrender anything), or just beaten to death, to advance their own agenda, their own ulterior motives.
Worse, I would expect that kind of thing from New Jersey. But North Carolina?
We sorely need some kind of TSHTF, just hit the control-alt-delete key sequence, to clean out things. There is absolutely no political fix for this. They want sheep disarmed, killed maybe by thugs (who will obviously not surrender anything), or just beaten to death, to advance their own agenda, their own ulterior motives.
Worse, I would expect that kind of thing from New Jersey. But North Carolina?
Little-Acorn
Inactive
So the NC governor (and legislature, who passed the law) feels it's OK to suspend rights protected by Constitutional amendments, if a large enough storm is coming?
Interesting.
Suppose I have a large cotton plantation in North Carolina. If Earl hits hard enough, I could lose my whole crop.
Given the circumstances, is it OK for me to grab a bunch of black people off the street, put chains on them, and force them at gunpoint to work in my fields harvesting my cotton, for mediocre room and board and no pay? And whip them if they protest, and set dogs after them if they try to escape?
I know, the right to be free from slavery is also protected by a Constitution amendment.
But a storm is coming! Surely you can make a similar exception, governor! You've already done it for one amendment. Why not another?
Interesting.
Suppose I have a large cotton plantation in North Carolina. If Earl hits hard enough, I could lose my whole crop.
Given the circumstances, is it OK for me to grab a bunch of black people off the street, put chains on them, and force them at gunpoint to work in my fields harvesting my cotton, for mediocre room and board and no pay? And whip them if they protest, and set dogs after them if they try to escape?
I know, the right to be free from slavery is also protected by a Constitution amendment.
But a storm is coming! Surely you can make a similar exception, governor! You've already done it for one amendment. Why not another?
momof23goats
Deceased
wht no martial law? after all a storm in coming. that will probably be next.
people of NC, you need to vote these people out of office.
people of NC, you need to vote these people out of office.
Zulu Cowboy
Keep It Real...
Let's see, risk losing your life...and remain unable to protect your family vs. perhaps getting a misdemeanor on your record, IF you get caught?? (and that's a big if...) Hmmm...decisions, decisions. 
Some laws were meant be ignored! Especially ones that are so blatantly unconstitutional.
This is one of them...
Zulu Cowboy
Some laws were meant be ignored! Especially ones that are so blatantly unconstitutional.
This is one of them...
Zulu Cowboy
Last edited:
D_el
Veteran Member
"Yesterday, North Carolina Governor Beverly Perdue....."
She may have a huge set of cahones but she's still a she.
Governor Perdue was the only pro-gun democrat in all the races in 2008. She was the only democrat I voted for. Her opponent had one of the lowest ratings by NRA and Gun Owners of America. Her opponent had the worst grade from NRA of any republican for all offices on my ballot. I think someone in her family has a big gun store somewhere.
NC has become just about the most liberal state in the South. I love this state, but as I've said a million times to my wife, I'm ready to move to Montana.
NC has become just about the most liberal state in the South. I love this state, but as I've said a million times to my wife, I'm ready to move to Montana.
there has been a Democrat Congress for 96 of the last 100 years.
They call North Carolina California East!
Our last governor and his wife are under Federal, State, and IRS investigations for EVERYthing and will probably do jail time.
This one, who signed the gun ban, Bev Purdue was Gov Easley's Lt Governor, she ran and was elected Governor, and the reason NC has the Education Lottery that pays for free day care for 4 year olds but not much education is because she tricked the Legislators with a ten pm at night vote...without calling the known anti lottery dissenters about coming back to the Capital for roll call. She ran and was elected Governor.
Her official portrait and bio
Prior to her election as Governor, Perdue established herself one of the most active and accomplished Lieutenant Governors in North Carolina history.
night driver
ESFP adrift in INTJ sea
Oh Ch---t on a Crutch.
Go look up the thread on "sheriff suspends..." and find out that the existing State Law includes halting alcohol sales, and weapons carriage, etc under states of emergency. The existing statutes are all there.
She actually has no choice as to what is suspended when she declares a state of emergency, and sh needs to do THAT to set in motion all of the other disaster assistance processes.
I enjoy the ignorance demonstrated above. We thrashed this issue to DEATH last fall/winter.
Go look up the thread on "sheriff suspends..." and find out that the existing State Law includes halting alcohol sales, and weapons carriage, etc under states of emergency. The existing statutes are all there.
She actually has no choice as to what is suspended when she declares a state of emergency, and sh needs to do THAT to set in motion all of the other disaster assistance processes.
I enjoy the ignorance demonstrated above. We thrashed this issue to DEATH last fall/winter.
What's got the most NCers POed at this stupidity (fracking hurricane isn't even likely to make landfall on the mainland but the declared SOE is for the WHOLE STATE) is that the first day of dove season is coming- and this rules out hunting, too, except on your own property.
dd
dd
Let's see, risk losing your life...and remain unable to protect your family vs. perhaps getting a misdemeanor on your record, IF you get caught?? (and that's a big if...) Hmmm...decisions, decisions.
Some laws were meant be ignored! Especially ones that are so blatantly unconstitutional.
This is one of them...
Zulu Cowboy
During the event, yes I agree but afterward if you continue ignore it it is giving a green light for this shit to happen again. its nearly past ballot box time in a lot of peoples minds Im afraid.
-Sefus
Cabal
Pissed off Patriot
It will NEVER happen in this State... trust me...
undead
Veteran Member
To be logical, since the right being suspended here arises out of the Constitution, they should also be suspending the 1st Amendment right to free speech, allowing slavery again, and eliminating any right to vote by women during the period in question.
Topusaret
Deceased
Ha, learned my lesson from the Thugs actions during Katrina....
Nobody in my family will EVER surrender a weapon for marshall law or other govt. bullshit. That is the line where we die at. Just bought another 1,000 rounds yesterday as a matter of fact.
I'd rather die a Patriot and 3 percenter, than live as a coward and under the rule of unjust men willing to remove our RIGHTS as humans at their discretion.
Without our second amendment RIGHTS, ALL OTHER "rights" become privledges.....priveledges that will at some point, and at some tyrants whim, be revoked.
History will prove this I'm afraid.
J
I believe Governor Purdue needs a spanking.
mt4design
Has No Life - Lives on TB
Just great.
I guess if such a 'law' is put in to place here in California then the simple argument that an earthquake MAY occur within my lifetime will result in no one being allowed to own a gun.
INALIENABLE RIGHTS.
SHALL NOT BE INFRINGED.
The mere fact that a "law" is put in to place does NOT make it legal OR Constitutional (both state and federal).
Take Arizona SB1070 as an example.
Mike
I guess if such a 'law' is put in to place here in California then the simple argument that an earthquake MAY occur within my lifetime will result in no one being allowed to own a gun.
INALIENABLE RIGHTS.
SHALL NOT BE INFRINGED.
The mere fact that a "law" is put in to place does NOT make it legal OR Constitutional (both state and federal).
Take Arizona SB1070 as an example.
Mike
Damned if you do and if don't
Aside from suspending inalienable rights which is an oxymoron.
What is a gun owner to do under the provisions of this illegal EO and the local mandatory evacuation orders. If they carry their weapon(s) with them so as to secure them etc then they violate the EO and can be arrested.
OR they can leave them unsecured back at home so looters can be armed later in the event of a storm damage.
IF they stay there has to be a full blown riot nearby to comply with the EO.
Once again it makes criminals out citizens and strips them of their constitutional rights.
Aside from suspending inalienable rights which is an oxymoron.
What is a gun owner to do under the provisions of this illegal EO and the local mandatory evacuation orders. If they carry their weapon(s) with them so as to secure them etc then they violate the EO and can be arrested.
OR they can leave them unsecured back at home so looters can be armed later in the event of a storm damage.
IF they stay there has to be a full blown riot nearby to comply with the EO.
Once again it makes criminals out citizens and strips them of their constitutional rights.
Little-Acorn
Inactive
SSSHHHHHHH!!!!
Please.
My state's government might hear you.
BTW, NC's state legislature passed this (unconstitutional) law. The Guv merely signed it (was it the present Guv, or a previous one?).
Don't just fire the Governor.