North Carolina's State of Emergency Bans Weapons

**fyrediver** · 09-02-2010, 10:31 PM

Well, "they're" at it again. Using a State of Emergency to ban private ownership of weapons, including firearms seems to be the trend of current political power.

Wait, didn't we "just" see this in New Orleans? I believe there's a little document called the Constitution that can't be superseded, and didn't the Supreme Court of the nation just say something about this too?

North Carolina governor suspends gun rights - Charlotte gun rights | Examiner.com

**Father of four** · 09-02-2010, 11:07 PM

N.C. General Statute..

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.”

The Constitution is the Head and Final Law in the USA.

If the "Authority" cant protect us, they then want us disarmed?

Why should we obey these laws instead of the Constitution? The ones in "Authority" surely want disarm themselves if they cant protect us. Why should we? Thats when we need the firearms the most.

The thieves, gangs, murders...(BAD GUYS) who don't follow the law anyways is not gonna do it later if the "Authority" tells them too.

Ridicules!

**Father of four** · 09-02-2010, 11:15 PM

Gov. Perdue Declares State of Emergency

and

North Carolina Office of Governor Bev Perdue

**Father of four** · 09-02-2010, 11:37 PM

No Lawyers - Only Guns and Money: Hurricane Earl and North Carolina Law

"Thank you for contacting the Office of the Governor. After checking
with legal counsel, we are pleased to inform you that THE CURRENT
STATE OF EMERGENCY WAS WRITTEN IN SUCH A WAY THAT THE RIGHTS OF NC GUN OWNERS ARE NOT INFRINGED UPON. . However, local
authorities still have the authority to establish states of emergency
within their jurisdictions that may impact your right to carry
weapons."

Office of the Governor Bev Perdue

United States Bill of Rights, 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.

**sweetbeard** · 09-02-2010, 11:44 PM

I am not largely opposed to this during a state of emergency.. especially for non CCW holders.

now confiscating guns from homes is a different story all together...

**Father of four** · 09-02-2010, 11:50 PM

Originally Posted by sweetbeard

I am not largely opposed to this during a state of emergency.. especially for non CCW holders.

now confiscating guns from homes is a different story all together...

Why not let us Law abiding citizens who do not posses a CCW? Are we not worthy of protecting ourselves and our loved ones?

**Father of four** · 09-02-2010, 11:55 PM

I forget... where did I read that in the Bill of Rights? Hmmm...."Unless a United States Citizens has a CCW. He or She is not worthy to protect themselves in a state of emergency. Therefore they most leave their firearms at home. If their home is destroyed..well they are SOL."

I cant find it...

**sweetbeard** · 09-02-2010, 11:58 PM

oh you guys are bubblegums.. I am talking about guys walking around with shotguns in the streets.

try that where you live and see what happens.

gees

**Father of four** · 09-03-2010, 12:07 AM

To me its the same old crap. Our rights being eroded for the "Rules of Law". But they can be reapplied if we just obey and do whatever the current "Authority" at the times say too, what their new laws say too.

We once had a freedom to own and use firearms almost anywhere to protect ourselves. But now only in our homes. If that. Unless we ask for "permission".

**Father of four** · 09-03-2010, 12:17 AM

I can pass any current law, rule or regulation to get a Oregon Concealed Handgun License....I bet there are MANY people in North Carolina that can pass the requirements to get one in NC too.

I bet ALOT of them like myself will not do it because we believe we have a right to have a firearm in public, open or concealed for protection. And we shouldn't have to ask for permission for what is already ours to have.

Maybe some of you would agree with me if the "Authority" decided to pass a law that states only Revolvers can be carried by concealed carriers.

**Father of four** · 09-03-2010, 12:23 AM

Its just more and more stuff we just let slide by, being the passive sheep we are. I guess we learned it from our Dads and Grandfathers.

SHUT UP! DO WHAT YOU'RE TOLD BOY!

**SargentMac** · 09-03-2010, 12:46 AM

Originally Posted by Father of four

Its just more and more stuff we just let slide by, being the passive sheep we are. I guess we learned it from our Dads and Grandfathers.

SHUT UP! DO WHAT YOU'RE TOLD BOY!

Dude, calm down. You're starting to sound a little crazed. I completely understand not agreeing with certain laws. But you can't just act like they don't exist, you have to try to change them. Follow the law or you make us all look bad.

**Father of four** · 09-03-2010, 01:22 AM

Thanks SargentMac. I am not advocating breaking laws.

I do think we need to right the wrongs. This November will be another chance. We have been trained (it seems) to just roll over and take it. I just think that we as a nation of citizens need to quit being sheep and start telling the people who are supposed to work for us to actually do it. And to stop passing laws against us. Thanks again.

**Father of four** · 09-03-2010, 01:46 AM

Here is what a NC Concealed Handgun Permit holder and an Irag vet has to say...YouTube - King, NC - State of Emergency!

Another great video! http://www.youtube.com/watch?v=sBNP8...ayer_embedded#!

**Karma** · 09-03-2010, 07:47 AM

Originally Posted by SargentMac

Dude, calm down. You're starting to sound a little crazed. I completely understand not agreeing with certain laws. But you can't just act like they don't exist, you have to try to change them. Follow the law or you make us all look bad.

Which law do we follow? I myself think that is part of the problem now. How do you follow a law, that is completely against the law of the land? The government completely ignores the law when they put a law on the books that is unconstitutional, but we are bound to obey it? lol.

We are the guardians of the Constitution. If we don't stand up and protect it, who will?

"All laws which are repugnant to the Constitution are null and void."
U.S. Supreme Court in Marbury v. Madison, 5 US (2 Cranch) 137, 174, 176, (1803)

"No one is bound to obey an unconstitutional law and no courts are bound to enforce it."16 Am. Jur. Sec. 177 late 2d, Sec 256

"Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no
court can save it."
Judge Learned Hand

"We, the people, are the rightful masters of both Congress and the courts; not to overthrow the
Constitution, but to overthrow men who pervert the Constitution."
Abraham Lincoln

"Any attempt to pass or enforce an unconstitutional law -- especially any law that violates the
first ten amendments to the Constitution, commonly known as the Bill of Rights -- is a crime
punishable by ten years in prison and a ten thousand dollar fine for each offense."Title 18 U.S.C, Sections 241 and 242

**fyrediver** · 09-03-2010, 10:57 AM

Here's my take home message from this situation:
The Governor can declare a state of emergency whenever she deems it needed, even for a routine snow storm.
If you're not in your home and are transporting a weapon (note this is not limited to firearms) you're in violation and are now a criminal. You can be arrested for something that 4 minutes ago was legal.
If you're ordered to evacuate, you may not transport any weapons and must leave them in your now exceedingly lootable home.
If you're ordered to evacuate and you don't you're a criminal and can be forcibly arrested.

We need to ensure that this type of legislation does not continue to surface. Where it does, we need to support the organizations that are suing to eliminate it. I think that support can be monetary or political. We need to vote and publicize these infringements upon our civil liberties. We need to force these politicians who think we are their peons out of office and replace them with people who support the law of the constitution.

**longcolt** · 09-03-2010, 11:12 AM

Originally Posted by fyrediver

Here's my take home message from this situation:
The Governor can declare a state of emergency whenever she deems it needed, even for a routine snow storm.
If you're not in your home and are transporting a weapon (note this is not limited to firearms) you're in violation and are now a criminal. You can be arrested for something that 4 minutes ago was legal.
If you're ordered to evacuate, you may not transport any weapons and must leave them in your now exceedingly lootable home.
If you're ordered to evacuate and you don't you're a criminal and can be forcibly arrested.

We need to ensure that this type of legislation does not continue to surface. Where it does, we need to support the organizations that are suing to eliminate it. I think that support can be monetary or political. We need to vote and publicize these infringements upon our civil liberties. We need to force these politicians who think we are their peons out of office and replace them with people who support the law of the constitution.

Yes, and I imagine the people of N. Carolina will be chatting with their legislators about this very issue. I think this has come up before and there were some changes in the law. This will stir the pot big time.

These laws always seem to filter out of the law firms/legislators that are tied to the large urban areas. They fear gang activity and assume we are all gang members during a emergency, I guess.