North Carolina Governor Declares Every Concealed Carry Permit in eastern NC Invalid Due to Hurricane Irene
Thanks to a brain-dead state law foisted upon us by a Democratic state legislature (N.C. Gen. Stat. § 14-288.7), every time the governor—in this instance, Democrat Beverly Perdue—declares a state of emergency, it is illegal from that moment onward to carry a concealed weapon until the state of emergency has been declared over.
We've dealt with this bit of Democrat-generated stupidity before. Governor Purdue made this declaration while the state was at work, meaning everyone who has a carry permit and lives east of Interstate 95 who was away from home instantly became a criminal by proclamation. If we look at Google Maps, that means that a carry permit holder in Wilson dining at the Cracker Barrel is perfectly legal, but the permit holder a block to the east filling up on gas at the Kangaroo Express is now a criminal. Ridiculous. Update: I'd forgotten we were stuck with this crap last year as well. Update: Looks like I was wrong about the I-95 cutoff. It includes those entire counties. John Richardson notes that Perdue issued a statement with her executive order that gun provisions would not take effect, but as South Carolina's Joe Wilson might say, Bev Perdue, you lie.
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.
In other words, Perdue does not have the authority to declare the ban null and void, anymore than the governor can arbitrarily decide than any other law no longer applies. While a state of emergency is in effect in North Carolina, taking guns of your property is illegal, whether concealed or openly carried. We need to address this flaw in our gun laws as soon as the NC Legislature returns to Raleigh.
Bev Perdue is incorrect in her assertions that the declaration of the State of Emergency does not trigger firearm restrictions. As I noted last year when she invoked a State of Emergency in the face of Hurricane Earl, if she uses Article 36A of Chapter 14 of the General Statutes, it invokes G.S. § 14-288.7 which states in part, "it is unlawful for any person to transport or possess off his own premises any dangerous weapon or substance in any area" if a state of emergency is declared. Just because she is the governor does not give Bev Perdue the authority to ignore plainly written state laws when it is politically inconvenient for her.
Posted by: Confederate Yankee at 11:16 AM
Comments
1
Do not shoot a democrat unless they are invading your home. There other ways that must be used to kill them outside your home.
Posted by: dunce at August 25, 2011 01:06 PM (zx/x4)
2
Carried today. Guess I'm now a criminal. Purdue really needs to go.
Posted by: softwind at August 25, 2011 09:49 PM (XCPFp)
3
I would imagine every law-abiding CCW holder in the region giggled himself/herself silly hearing this and continued to strap their weapon on as always.
So...Citizen Joe has a CCW permit for protection when there is a breakdown in civil order. And now that there is a widespread breakdown in civil order where the police can NOT respond in any way, shape, or form, his Government is ordering him to be disarmed. Now that just makes perfect sense. NOT. Well, I suppose it does to a Democrat.
Tell me, has there been a movement in North Carolina to go string up their legislature from lamp-posts and find people to fill those seats who are not old-Guard Statists? Just curious.
Orion
So...Citizen Joe has a CCW permit for protection when there is a breakdown in civil order. And now that there is a widespread breakdown in civil order where the police can NOT respond in any way, shape, or form, his Government is ordering him to be disarmed. Now that just makes perfect sense. NOT. Well, I suppose it does to a Democrat.
Tell me, has there been a movement in North Carolina to go string up their legislature from lamp-posts and find people to fill those seats who are not old-Guard Statists? Just curious.
Orion
Posted by: Orion at August 25, 2011 09:55 PM (/QtKB)
4
Actually for the first time in over a hundred years we have a Republican Senate and Assembly. They have successfully over ridden several of Bev Perdue's veto's.
This would be a good time to start repealing laws like this.
I'm still outraged that Johnston County passed an ordinance outlawing discharging a firearm while intoxicated.
This would be a good time to start repealing laws like this.
I'm still outraged that Johnston County passed an ordinance outlawing discharging a firearm while intoxicated.
Posted by: Adobe Walls at August 25, 2011 10:26 PM (mLThi)
5
Sounds to me that this whole situation is nothing that could not be resolved with about 15 feet of good quality hemp rope properly applied to the people responsible for this law and any of their little automatons that dare to enforce it.
Posted by: WilcoTangoFoxtrot at August 25, 2011 10:43 PM (ap5kG)
6
I'm not a fan of this gov, and the law is poorly worded. But she is simply declaring a SoE. She doesn't have the latitude to invalidate that other law.
It needs to be modified to remove "while carrying out their duties". Then it will be fine for CCP holders.
It needs to be modified to remove "while carrying out their duties". Then it will be fine for CCP holders.
Posted by: _Jon at August 25, 2011 10:56 PM (fVXaI)
7
What was it that happened in NO that later the cops were slapped down on -- taking weapons from citizens?
Can this law be unconstitutional? As a North Carolinian, I'd like to see that changed as soon as the legislature goes back into session.
Interestingly Dr. Melissa Clouthier over at melissablogs.com recommends on her preparedness list (she was in Houston for that big one):
10.Guns and ammo. Make sure and have it ready. There was no looting in Houston. Know why? Self protection. People get desperate. When we left and finally evacuated a week after the last hurricane, we stopped at a private gas station that our friends are part owner of — we needed to top off the tank after doing some running around. A very frantic dude came up (he was armed) who wanted gas. We all were armed (four men and me and the kids). It was a good thing we were.
-----------------------------------
Maybe someone should give Beverly a clue.
Can this law be unconstitutional? As a North Carolinian, I'd like to see that changed as soon as the legislature goes back into session.
Interestingly Dr. Melissa Clouthier over at melissablogs.com recommends on her preparedness list (she was in Houston for that big one):
10.Guns and ammo. Make sure and have it ready. There was no looting in Houston. Know why? Self protection. People get desperate. When we left and finally evacuated a week after the last hurricane, we stopped at a private gas station that our friends are part owner of — we needed to top off the tank after doing some running around. A very frantic dude came up (he was armed) who wanted gas. We all were armed (four men and me and the kids). It was a good thing we were.
-----------------------------------
Maybe someone should give Beverly a clue.
Posted by: JAL at August 25, 2011 10:57 PM (zVVOY)
8
Where is the NRA when we need them?
BTW, why does NC still have a requirement for the Sheriff's permission to exercise one's Constitutional right to acquire a pistol for self defense. I thought the "Black Codes" of the early 20th century had been repealed? Not in NC.
BTW, why does NC still have a requirement for the Sheriff's permission to exercise one's Constitutional right to acquire a pistol for self defense. I thought the "Black Codes" of the early 20th century had been repealed? Not in NC.
Posted by: Big Boy at August 25, 2011 11:05 PM (iEVLc)
9
Bev Perdue went past her "sell-by" date some time back - and that scurfy nonsense about CCWs being invalid during a SoE needs to come off the books a.s.a.p.
Meanwhile - there's always open-carry, which is not only legal (even during a SoE) in nearly all of NC, but also a nice deterrent to potential "visitors" in the immediate aftermath of hurricanes, etc.
Just sayin'...
Meanwhile - there's always open-carry, which is not only legal (even during a SoE) in nearly all of NC, but also a nice deterrent to potential "visitors" in the immediate aftermath of hurricanes, etc.
Just sayin'...
Posted by: J.S.Bridges at August 25, 2011 11:06 PM (uRFWZ)
10
My two favorite rules for concealed carry work splendidly again:
-- Keep your damned mouth shut.
-- If you don't have a metal detector, I don't have a gun.
-- Keep your damned mouth shut.
-- If you don't have a metal detector, I don't have a gun.
Posted by: James at August 25, 2011 11:08 PM (BGMyj)
11
You cannot blame the stupid Governor. The voters who elected him, however, are another story.
Posted by: Zainuddin at August 25, 2011 11:23 PM (WsyCj)
12
The NRA claims it was a Democrat that wanted to repeal the emergency powers legislation but the Republican leadership wanted to keep it!
http://www.nraila.org/Legislation/Read.aspx?id=6896
http://www.nraila.org/Legislation/Read.aspx?id=6896
Posted by: NC Citizen at August 25, 2011 11:28 PM (tJ6R6)
13
So...why not just open carry in an "emergency"?
Posted by: Srs Question at August 25, 2011 11:28 PM (TVbKO)
14
Permit? I don't need no stinking permit. My state has a shall issue system and I have no intention of getting a permit to carry. If I want to carry, I carry. The only valid legal permit is called the Second Amendment and no government official local, state, or federal gets to issue that permit. Its my birthright because I live and breathe in the USA.
Posted by: Parker at August 25, 2011 11:30 PM (YD4vH)
15
The Governor may not have the authority not to activate the "no CCW" law if/when she declares a state of emergency. That doesn't mean that she can't announce her intention to pardon anyone who gets arrested for violating that law. Or actually do so.
Posted by: Mark at August 25, 2011 11:32 PM (vzQDL)
16
Can you say "Amend the State Constitution"? Hello? Katrina? Is anybody home?
Posted by: Seriosly at August 26, 2011 12:34 AM (HXEJP)
Posted by: icc at August 26, 2011 12:45 AM (aEUs2)
18
so if the riot is at my house, its legal for me to have my gun out?!
Posted by: Eric at August 26, 2011 01:14 AM (MIE6l)
Posted by: Lee Reynolds at August 26, 2011 01:19 AM (zkRoG)
20
It is rather simple. I respect all LEOs and their chosen profession, but in an emergency situation I will not disarm and put myself and family at risk of looters, rapists, etc. Having thrown down that white glove, yeah, the statute needs some work. But in practice, when a hurricane is whipping through and there's a DOE, you should be evacuating, getting supplies, heading home, or at home. Vary from that too much and you stand out like a looter stands out, and you invite attention.
Posted by: Bobo at August 26, 2011 01:20 AM (R/Ze+)
21
I don't know. I think it's much more of an education process for those who have guns. If open carry is legal and you change the wording to make it clear that the problem is "insufficient display" that does not provide sufficient extra calm in a tense situation and make it clear that law enforcement has to provide a real opportunity to correct the defect prior to any arrest under the statute, the Governor could turn this sow's ear into a silk purse.
The increase in gun grabber strokes and heart attacks would be regrettable. Let us pray.
The increase in gun grabber strokes and heart attacks would be regrettable. Let us pray.
Posted by: TMLutas at August 26, 2011 05:19 AM (wDPcm)
22
Wouldn't gasoline ina container be considered a dangerous substance in the law? Makes it hard to legally get refills for the generator.
Posted by: -1Steve at August 26, 2011 05:26 AM (zQ5Sx)
23
The Lib-Cong want to regulate every facet of our lives. They favor "choice" only when it comes to infanticide.
Disaster prep must include a means to protect yourself from predators. During Katrina, even the police were looting stores.
My gun, my choice.
Disaster prep must include a means to protect yourself from predators. During Katrina, even the police were looting stores.
My gun, my choice.
Posted by: MAJ Mike at August 26, 2011 06:28 AM (FLoub)
24
So what happens if you are sitting in a restaurant in Morehead City when the Governor declares a State of Emergency? Do you open carry? Put your gun on the table? Run out the door screaming?
How would you even know it has been declared?
How would you even know it has been declared?
Posted by: Bram at August 26, 2011 06:29 AM (K5g5u)
25
What Parker said.
Posted by: Roland the Headless Thompson Gunner at August 26, 2011 06:36 AM (8+hJA)
26
I'd argue that the law and the Governor's order violate rights guaranteed under the Second Amendment as recognized by the SCt in Heller. No other constitutional right is subject to blanket suspension on the determination of a single individual.
Certainly no other constitutional right is subject to the piecemeal,arbitrary suspension described here. What compelling governmental interest is served by suspending CCW's on one side of the street but not the other?
Certainly no other constitutional right is subject to the piecemeal,arbitrary suspension described here. What compelling governmental interest is served by suspending CCW's on one side of the street but not the other?
Posted by: Bill at August 26, 2011 06:39 AM (u+8qs)
27
> So...why not just open carry in an "emergency"?
> Posted by: Srs Question at August 25, 2011 11:28 PM
This.
> Posted by: Srs Question at August 25, 2011 11:28 PM
This.
Posted by: Don at August 26, 2011 06:58 AM (JlBSZ)
28
It's comforting to know that, because of this law, criminals will not be carrying weapons in the hurricane aftermath. Everyone knows that criminals keep good track of laws and obey them to the letter.
Posted by: Willy at August 26, 2011 07:16 AM (KX7KT)
29
It's past time for North Carolina to throw off the remnant of the Confederacy. The yellow dogs have to be tossed out of the Statehouse, y'all.
We did in Texas. It's worked out just fine.
We did in Texas. It's worked out just fine.
Posted by: David Rogers at August 26, 2011 07:38 AM (w0RGn)
30
NC has become way too liberal for my tastes
Posted by: apvbguy at August 26, 2011 07:51 AM (MWfDZ)
Posted by: seaweaver at August 26, 2011 07:55 AM (LlMh0)
32
OK- so now a normal law abiding citizen who rolls out of bed and puts on his holster is now a criminal.
Just when he/she might actually need it.
Just when he/she might actually need it.
Posted by: -1Mastro at August 26, 2011 08:31 AM (Eql16)
33
Lots more info by a NC resident at Hurricane Irene Brings With It The Usual NC State Of Emergency:
Important details: it's the entire counties, not just those portions east of I-95.
It's transport of all "dangerous weapons", not just concealed ones (as noted by others).
Perdue ought to know better, having made this mistake during dove season (there's two ways to declare an emergency, one of which doesn't invoke the ban and for some reason she used both with a signing statement that the ban wasn't in effect ... but that's not within her power).
And while the NRA is not involved, the SAF and others are supporting Gura in a lawsuit filed quite some time ago to end this idiocy.
And, yeah, a state which combines too much of the worst of California PLUS the post-Reconstruction South is none too attractive.
Important details: it's the entire counties, not just those portions east of I-95.
It's transport of all "dangerous weapons", not just concealed ones (as noted by others).
Perdue ought to know better, having made this mistake during dove season (there's two ways to declare an emergency, one of which doesn't invoke the ban and for some reason she used both with a signing statement that the ban wasn't in effect ... but that's not within her power).
And while the NRA is not involved, the SAF and others are supporting Gura in a lawsuit filed quite some time ago to end this idiocy.
And, yeah, a state which combines too much of the worst of California PLUS the post-Reconstruction South is none too attractive.
Posted by: Lina Inverse at August 26, 2011 08:33 AM (2rwFe)
34
SEE SECTION 7
(N.C. Gen. Stat. § 14-288.7) Is Suspended.
You May retain your rights...(may..aint dat nice)
cw
PROCLAMATION OF A STATE OF EMERGENCY
BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA
Pursuant to the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina:
Section 1.
I declare that a state of emergency exists in the following counties in North Carolina due to the approach of Hurricane Irene:
Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Gates, Greene, Halifax, Harnett, Hertford, Hyde, Johnston, Jones, Lenoir, Martin, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Robeson, Sampson, Tyrrell, Washington, Wayne, Wilson
Section 2.
I order all state and local government entities and agencies to cooperate in the implementation of the provisions of this proclamation and the provisions of the North Carolina Emergency Operations Plan.
Section 3.
I delegate to Reuben F. Young, Secretary of Crime Control and Public Safety, or his designee, all power and authority granted to me and required of me by Article 1 of Chapter 166A of the General Statutes for the purpose of implementing the State’s Emergency Operations Plan and to take such further action as is necessary to promote and secure the safety and protection of the populace in North Carolina.
Section 4.
Further, Secretary Young, as chief coordinating officer for the State of North Carolina, shall exercise the powers prescribed in G. S.§ 143B-476.
Section 5.
I further direct Secretary Young to seek assistance from any and all agencies of the United States Government as may be needed to meet the emergency and seek reimbursement for costs incurred by the State in responding to this emergency.
Section 6.
I hereby order this proclamation: (a) to be distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; (b) unless the circumstances of the state of emergency prevent or impede, to be promptly filed with the Secretary of Crime Control and Public Safety, the Secretary of State, and the clerks of superior court in the counties to which it applies; and (c) to be distributed to others as necessary to assure proper implementation of this proclamation.
Section 7.
This order is adopted pursuant to my powers under Article 1 of Chapter 166A of the General Statutes and 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.
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.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this 24th day of August in the year of our Lord two thousand and eleven, and of the Independence of the United States of America the two hundred and thirty-sixth.
__________________________________________
Beverly Eaves Perdue
Governor
(N.C. Gen. Stat. § 14-288.7) Is Suspended.
You May retain your rights...(may..aint dat nice)
cw
PROCLAMATION OF A STATE OF EMERGENCY
BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA
Pursuant to the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina:
Section 1.
I declare that a state of emergency exists in the following counties in North Carolina due to the approach of Hurricane Irene:
Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Gates, Greene, Halifax, Harnett, Hertford, Hyde, Johnston, Jones, Lenoir, Martin, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Robeson, Sampson, Tyrrell, Washington, Wayne, Wilson
Section 2.
I order all state and local government entities and agencies to cooperate in the implementation of the provisions of this proclamation and the provisions of the North Carolina Emergency Operations Plan.
Section 3.
I delegate to Reuben F. Young, Secretary of Crime Control and Public Safety, or his designee, all power and authority granted to me and required of me by Article 1 of Chapter 166A of the General Statutes for the purpose of implementing the State’s Emergency Operations Plan and to take such further action as is necessary to promote and secure the safety and protection of the populace in North Carolina.
Section 4.
Further, Secretary Young, as chief coordinating officer for the State of North Carolina, shall exercise the powers prescribed in G. S.§ 143B-476.
Section 5.
I further direct Secretary Young to seek assistance from any and all agencies of the United States Government as may be needed to meet the emergency and seek reimbursement for costs incurred by the State in responding to this emergency.
Section 6.
I hereby order this proclamation: (a) to be distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; (b) unless the circumstances of the state of emergency prevent or impede, to be promptly filed with the Secretary of Crime Control and Public Safety, the Secretary of State, and the clerks of superior court in the counties to which it applies; and (c) to be distributed to others as necessary to assure proper implementation of this proclamation.
Section 7.
This order is adopted pursuant to my powers under Article 1 of Chapter 166A of the General Statutes and 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.
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.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this 24th day of August in the year of our Lord two thousand and eleven, and of the Independence of the United States of America the two hundred and thirty-sixth.
__________________________________________
Beverly Eaves Perdue
Governor
Posted by: seaweaver at August 26, 2011 08:40 AM (LlMh0)
35
Fully supporting CCW, perhaps could pursue myself one day, but I'm wondering --- would open on-the-hip carry be an in-your-face workaround until that asinine provision can be remedied?
Posted by: Chris in N.Va. at August 26, 2011 09:52 AM (kVR+3)
36
Keep those firearms hidden, folks. During Katrina some of NOPD went house to house to confiscate them...seems their armories were flooded. If looting starts you'll want to ban together with your neighbors to keep the baddies out of your area.
Posted by: slamo at August 26, 2011 09:53 AM (2+i0L)
37
Just out of curiosity...
The statute in question simply says it applies "in any area [...] In which a declared state of emergency exists". What is the difference in the other method of declaring a state of emergency that means it doesn't trigger this statute? The statute itself does not differentiate between how the state of emergency is declared - thus, based on the plain language, it should apply in any declared state of emergency.
The statute in question simply says it applies "in any area [...] In which a declared state of emergency exists". What is the difference in the other method of declaring a state of emergency that means it doesn't trigger this statute? The statute itself does not differentiate between how the state of emergency is declared - thus, based on the plain language, it should apply in any declared state of emergency.
Posted by: Jake at August 26, 2011 09:58 AM (zKPMH)
38
@ Chris in N.Va.: The statute bans mere possession while off of one's own property. Concealed and open carry are both banned, because simply having the gun at all is illegal.
Posted by: Jake at August 26, 2011 10:02 AM (zKPMH)
39
Never mind, I found it. G.S. 14-288.1 defines a "declared state of emergency". Interestingly enough, it seems local officials can also invoke the weapons ban.
"§ 14‑288.1. Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this Article:
§ 14‑288.1. Definitions. [...] (3) "Declared state of emergency": A state of emergency found and proclaimed by the Governor under the authority of G.S. 14‑288.15, by any mayor or other municipal official or officials under the authority of G.S. 14‑288.12, by any chairman of the board of commissioners of any county or other county official or officials under the authority of G.S. 14‑288.13, by any chairman of the board of county commissioners acting under the authority of G.S. 14‑288.14, by any chief executive official or acting chief executive official of any county or municipality acting under the authority of any other applicable statute or provision of the common law to preserve the public peace in a state of emergency, or by any executive official or military commanding officer of the United States or the State of North Carolina who becomes primarily responsible under applicable law for the preservation of the public peace within any part of North Carolina.
Also interesting is that it seems the governor's authority to declare a disaster under Article 1 of Chapter 166A requires - unless the President has declared a disaster under the Stafford Act - that a local official has declared a state of emergency under Article 36A Chapter 14 - thus invoking the weapons ban anyway.
"§ 14‑288.1. Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this Article:
§ 14‑288.1. Definitions. [...] (3) "Declared state of emergency": A state of emergency found and proclaimed by the Governor under the authority of G.S. 14‑288.15, by any mayor or other municipal official or officials under the authority of G.S. 14‑288.12, by any chairman of the board of commissioners of any county or other county official or officials under the authority of G.S. 14‑288.13, by any chairman of the board of county commissioners acting under the authority of G.S. 14‑288.14, by any chief executive official or acting chief executive official of any county or municipality acting under the authority of any other applicable statute or provision of the common law to preserve the public peace in a state of emergency, or by any executive official or military commanding officer of the United States or the State of North Carolina who becomes primarily responsible under applicable law for the preservation of the public peace within any part of North Carolina.
Also interesting is that it seems the governor's authority to declare a disaster under Article 1 of Chapter 166A requires - unless the President has declared a disaster under the Stafford Act - that a local official has declared a state of emergency under Article 36A Chapter 14 - thus invoking the weapons ban anyway.
Posted by: Jake at August 26, 2011 10:31 AM (zKPMH)
40
Bite me, when you need a FIREARM most you try to ban or make my Second Ammendment right illegal as an American citizen....communistic/socialistic thinking! As I was trained....now think about his people, I mean really think.....
I have "FIREARMS", not WEAPONS.
WEAPONS are carried by criminals, police officers and the military, WEAPONS are for OFFENSE.
I have a "FIREARM" for DEFFENSIVE purposes, hence I have a "CONCELED CARRY PERMIT"....you don't see it, it isn't OFFENSIVE!
Your DA's hate a person that uses this logic!
I have "FIREARMS", not WEAPONS.
WEAPONS are carried by criminals, police officers and the military, WEAPONS are for OFFENSE.
I have a "FIREARM" for DEFFENSIVE purposes, hence I have a "CONCELED CARRY PERMIT"....you don't see it, it isn't OFFENSIVE!
Your DA's hate a person that uses this logic!
Posted by: Michael at August 26, 2011 10:46 AM (Yojj7)
41
Has anyone ever just walked up the governor after one of these moronical proclamations, and baldly asked: "Seriously lady, are you really this stupid?"
Posted by: davisbr at August 26, 2011 10:57 AM (uCShA)
42
Not that it's much comfort, but it looks like in this particular state of emergency, the provision against carrying is being explicitly left inactive. See Section 7 of the text of the executive order itself: http://www.governor.state.nc.us/NewsItems/UploadedFiles/13f80a87-ebde-4691-86ab-a2f6e553f616.pdf
Posted by: Hober at August 26, 2011 11:04 AM (gAi9Z)
43
@ Hober: I don't believe the governor has the power, even under the state of emergency, to simply suspend the statute. This particular statute also does not have to be activated by the governor - it automatically applies in any place a declared state of emergency exists.
Posted by: Jake at August 26, 2011 11:42 AM (zKPMH)
44
Hey, y'all. I know we should have the right due our 2nd Amendment within the Constitution but we all know how the government treats the Constitution, just as a historical document without regard. However, with governmental stupidity and/or force control over honest citizens the words could read at least something to the effect: "All persons without a legal valid CCW license with a firearm in his/her possession will be subject to criminal prosecution." Don't they know that criminals will be carrying without a CCW??? Why can't they just call a criminal a criminal? Why must they insult us and our intelligence? What college of knowledge did our governmental officers graduate from is what I would like to know. With their particular governmental ordinance that they are imposing and inforcing they are only subjecting innocent honest citizens to additional imminent live-threatening danger than the hurricane and state of emergency. All I can say is that if y'all plan to be a law-abiding citizen during this event and if something should happen to you or your loved ones with regards this order and proclamation, then do all in your power to enforce your rights under the following and hold these governmental officers responsible and liable for any harm that should befall you or your loved ones due in fact this CCW suspension.
"Section 3.
I delegate to Reuben F. Young, Secretary of Crime Control and Public Safety, or his designee, all power and authority granted to me and required of me by Article 1 of Chapter 166A of the General Statutes for the purpose of implementing the State’s Emergency Operations Plan and to take such further action as is necessary to promote and secure the safety and protection of the populace in North Carolina."
By-the-by, anyone that has taken the NRA's CCW course should know that police officers only hit their targets 20% of the time in a stressful situation. (Morale: It's useless to carry a cop in your pocket.)
I love all your comments and I am with y'all in Ohio. Also, I was just down through the South last month and saw all this "Post Re-construction" in Va and NC and just about cried.
Take care and stay safe my good neighbors.
"Section 3.
I delegate to Reuben F. Young, Secretary of Crime Control and Public Safety, or his designee, all power and authority granted to me and required of me by Article 1 of Chapter 166A of the General Statutes for the purpose of implementing the State’s Emergency Operations Plan and to take such further action as is necessary to promote and secure the safety and protection of the populace in North Carolina."
By-the-by, anyone that has taken the NRA's CCW course should know that police officers only hit their targets 20% of the time in a stressful situation. (Morale: It's useless to carry a cop in your pocket.)
I love all your comments and I am with y'all in Ohio. Also, I was just down through the South last month and saw all this "Post Re-construction" in Va and NC and just about cried.
Take care and stay safe my good neighbors.
Posted by: Asherwood at August 26, 2011 11:44 AM (cGttm)
45
Very proactive on the part of the "nanny-staters".
But, you know, shouldn't we be concerned that the riff-raff may attempt to speed away from the storm’s path of destruction?
Perhaps we should revoke drivers licenses as well...?
But, you know, shouldn't we be concerned that the riff-raff may attempt to speed away from the storm’s path of destruction?
Perhaps we should revoke drivers licenses as well...?
Posted by: organczar at August 26, 2011 11:50 AM (eVPGA)
46
If I understand the NC Law correctly, when a riot breaks out, the law says that I have to immediately whip out my gun for all to see, even as I am trying to, say, push my way through a crowd in order to get away from the rioting.
Is that correct?
Is that correct?
Posted by: I Wandered in, interesting discussion at August 26, 2011 12:31 PM (UxKxm)
47
One suburb outside of New Orleans deputized any citizen there who had a gun.
Posted by: WOZ at August 26, 2011 12:43 PM (o4Cr2)
48
I'm in Vegas and outside of NC. I completely disagree with the law arbitrarily revoking CCWs. I also find even NEEDING a license to conceal a weapon ludicrous. If and when I need my weapon, I assure you that it won't be concealed at that moment. So why have a law that covers the status of the weapon when it is inert (holstered). Once the weapon is drawn, it is no longer concealed. But, this law has been on the books for a while. WHY haven't you done something about it BEFORE there was an emergency? You can gripe all you want, but no one thought it was important until you are faced with disaster. Priorities. Where are yours?
Posted by: Mike L at August 26, 2011 01:41 PM (NIjIM)
49
@ I Wandered in: Nope. If a riot breaks out around you, simply having the gun at all suddenly becomes illegal, even if you were carrying it legally before the riot started or not. Whether you are carrying it openly or concealed is totally irrelevant.
Just like what was noted in the original post. When the governor made the declaration, thousands of normally law abiding citizens were suddenly breaking the law - without ever doing anything differently than they were before the declaration, and probably without even knowing it.
Just like what was noted in the original post. When the governor made the declaration, thousands of normally law abiding citizens were suddenly breaking the law - without ever doing anything differently than they were before the declaration, and probably without even knowing it.
Posted by: Jake at August 26, 2011 03:04 PM (zKPMH)
50
Glad I never got one of those dam ccw's...never did trust the bastiges in power....
Posted by: Big Ray at August 26, 2011 03:57 PM (G3wkb)
51
Glad I never got one of those dam ccw's...never did trust the bastiges in power....
I live here and I did know about this garbage...
I live here and I did know about this garbage...
Posted by: Big Ray at August 26, 2011 03:59 PM (G3wkb)
52
Will the governor leave her armed state police escort home when she travels about? I sure hope so.
Posted by: MassJim at August 26, 2011 04:10 PM (V6DPF)
53
Proof positive of the criminal coddling Marxist left.
I thought Olympia, WA was bad,
Retards.
Shoot 'em any way if you're fearing for your life.
I thought Olympia, WA was bad,
Retards.
Shoot 'em any way if you're fearing for your life.
Posted by: Independent Voter at August 26, 2011 04:15 PM (WKO1R)
54
This is truly a STUPID and unconstitutional law. In any case, as there is a Republican House and Senate..just override the law.. get rid of it.. it's not enforceable in any case.
Posted by: -1crypticguise at August 26, 2011 11:49 PM (VE4l0)
55
That is a time you need to carry the most!
Posted by: -1Jim(The Patriot) Buckingham at August 27, 2011 10:34 AM (x/2SS)
56
Come & take it from me...I dare you!
Posted by: Dennis at August 27, 2011 02:57 PM (awqYm)
57
Go ahead and lawfully CCW, and worry about cops arresting you or the case going to court.
I doubt a DA would press charges against a CCW or a judge would waste time on it.
I doubt a DA would press charges against a CCW or a judge would waste time on it.
Posted by: borderraven at August 27, 2011 03:51 PM (OSmIk)
58
All forms of life, be it microbes, plants, or animals; defend themselves. As a member of the genus homo sapiens I possess the right to use tools -- (the essence of my species) -- to protect me and mine. No government or court, no law or regulation, no church; has the authority to deny this fundamental right.
Posted by: Parker at August 27, 2011 11:28 PM (YD4vH)
59
Slightly confused here -- what part of that statute allows possession in /any/ form, away from ones premises? Does the definition of "dangerous Weapon" require it to be concealed? If not, it sure looks like that statute bans open carry, or even transportation in ones vehicle to save ones collection, in a state of emergency.
Posted by: Bill at August 28, 2011 08:56 AM (rcUhY)
60
Why do we keep elcting Governor that have Socialist and Communist thinking Patterns?
Can ayone tell me ??
And if elected and the Gorvernor turns on the People why do the People allowe it to happen?
I am confused
Can ayone tell me ??
And if elected and the Gorvernor turns on the People why do the People allowe it to happen?
I am confused
Posted by: Not Me at August 28, 2011 03:49 PM (3i5Ls)
61
I think you need to read the whole Proclamation people.
"This order is adopted pursuant to my powers under Article 1 of Chapter 166A of the General Statutes and 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."
"This order is adopted pursuant to my powers under Article 1 of Chapter 166A of the General Statutes and 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."
Posted by: michael at August 28, 2011 09:37 PM (LdwOU)
62
It seems to me you don't need a fire arm when everything is peaceful...you need it when all hell breaks loose...their law is designed to take way your means to protect yourself right before they declare martial law....
Posted by: Alvar at August 29, 2011 11:43 AM (PYzg+)
Posted by: LOS at August 29, 2011 12:53 PM (V5HVe)
64
Excerpt from the second page of this notice from the Hyde County Emergency Services -- http://library.constantcontact.com/download/get/file/1102950884198-36/IrenePublic+Advisory4.pdf -- relating to Hurricane Irene and their state of emergency: A special amendment to the state of emergency has been added that will restrict firearm possession beginning Thursday, August 25 at midnight until further notice.
Had North Carolina passed and enacted Senate Bill 594 this year, such local action would be prohibited and unlawful. The National Rifle Association sought passage of this legislation -- www.nraila.org/Legislation/Read.aspx?id=6896.
Had North Carolina passed and enacted Senate Bill 594 this year, such local action would be prohibited and unlawful. The National Rifle Association sought passage of this legislation -- www.nraila.org/Legislation/Read.aspx?id=6896.
Posted by: Truth & Freedom at August 29, 2011 01:16 PM (0/15I)
65
Enforcing gun law in a confederate state??
Mazel Tov to the governor! She will need a lot of Tov!
Mazel Tov to the governor! She will need a lot of Tov!
Posted by: It is I only at August 29, 2011 06:21 PM (xAbf5)
66
Oh my gosh,,,,,I hope the bad guys listen and leave their guns at home because of this "emergency"
I carried mine today anyway.
I carried mine today anyway.
Posted by: -1 a ccw holder at August 29, 2011 06:35 PM (saPI9)
67
Update: Important Firearms Legislation Being Intentionally Stalled in the North Carolina Senate!
Thursday, June 09, 2011
Contact Your State Senator Immediately!
As the end of the 2011 legislative session is quickly approaching, the NRA continues to work diligently to protect your Second Amendment rights in Raleigh. Senate Bill 594, an emergency powers bill introduced by state Senator Doug Berger (D-7) has been stalled since its introduction.
Even though this legislation is of great importance to law-abiding gun owners, the Senate Republican leadership is currently preventing S 594 from being considered, even telling Senate colleagues not to offer this language as an amendment to other firearm-related bills.
Senate Bill 594, an emergency powers bill introduced by state Senator Doug Berger (D-7), would ensure that our Right to Keep and Bear Arms cannot be suspended through gun confiscation during a declared state of emergency as happened in Louisiana after Hurricane Katrina.
Time is running out - it is critical that you act quickly and let your state Senator know how important this legislation is. Please contact your state Senator and urge him or her to convince Senate leadership to bring S 594 to the Senate floor. Contact information for your state Senator can be found by clicking here.
Thursday, June 09, 2011
Contact Your State Senator Immediately!
As the end of the 2011 legislative session is quickly approaching, the NRA continues to work diligently to protect your Second Amendment rights in Raleigh. Senate Bill 594, an emergency powers bill introduced by state Senator Doug Berger (D-7) has been stalled since its introduction.
Even though this legislation is of great importance to law-abiding gun owners, the Senate Republican leadership is currently preventing S 594 from being considered, even telling Senate colleagues not to offer this language as an amendment to other firearm-related bills.
Senate Bill 594, an emergency powers bill introduced by state Senator Doug Berger (D-7), would ensure that our Right to Keep and Bear Arms cannot be suspended through gun confiscation during a declared state of emergency as happened in Louisiana after Hurricane Katrina.
Time is running out - it is critical that you act quickly and let your state Senator know how important this legislation is. Please contact your state Senator and urge him or her to convince Senate leadership to bring S 594 to the Senate floor. Contact information for your state Senator can be found by clicking here.
Posted by: robotkilr at August 29, 2011 10:16 PM (B5HYj)
68
I kinda hate that I moved to NC from SC due to the stricter gun laws...SMH JUST when I'm becoming a collector and more serious firearms enthusiast. This is a ludicrous law. I now regret I voted for Perdue. I'll be going GOP from here on out to preserve my right to bear arms. Geesh, do these liberal DA's and legislators REALLY think that during an emergency, people need to be disarmed?!! WTH?!
Well, ya can tell I'm new to this law. I went to Walmart a day before Irene came thru and loaded up on ammo. And had plans to evac WITH my guns and ammo and my 3 yo daughter if the weather turned for the worse. Didn't have to do all that, but best believe I will prepare the same in any other event of natural disaster or state emergency. Shame on you Bev.
Well, ya can tell I'm new to this law. I went to Walmart a day before Irene came thru and loaded up on ammo. And had plans to evac WITH my guns and ammo and my 3 yo daughter if the weather turned for the worse. Didn't have to do all that, but best believe I will prepare the same in any other event of natural disaster or state emergency. Shame on you Bev.
Posted by: Bella83 at August 31, 2011 06:57 PM (MvuGH)
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