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NC: Governor Perdue Suspends Second Amendment

Discussion in 'Carry Issues' started by Thx-1138, Feb 3, 2010.

  1. Thx-1138

    Thx-1138 NRA Member

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    (OP Note: I have submitted the following as a Letter to the Editor of the Raleigh News & Observer)

    This past weekend, North Carolina experienced a severe winter storm. In response, the Governor declared a State of Emergency, in order to qualify for Federal Emergency Relief Funds.

    A little-known side effect of this is that, pursuant to NC General Statute 14-288.7, transportation of any weapons during a State of Emergency is a crime. This restriction impacts hunters, target shooters who wish to attend a match, gun show attendees who wish to buy or sell firearms, gun owners who wish to take their gun to a training class, and approximately one million North Carolinians who have a Concealed Carry Handgun permit.

    This law was passed in the wake of the 1960's Civil Rights Riots; indeed, it is part of Article 36A, Riots and Civil Disorders. At the time, Emergencies were declared when civil order could not be maintained. Had FEMA not been created in 1979, there would be little impetus to declare a State of Emergency every time we experience severe weather; instead, North Carolina, like every other state, does so to be eligible for federal monetary assistance.

    While there may be just cause to temporarily suspend the Second Amendment during a riot, it is unclear how this helps anybody in response to a storm that might be expensive to recover from, but doesn't impact civil order.
     
  2. thegriz18

    thegriz18 Paper Killer

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    I think that law needs amending.
     

  3. Tru7h

    Tru7h

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    Sheesh, all this over 2" of snow. I drove to work in that this morning in my Volkswagen.

    Wait, since when does a state statute overrule federal law?
     
  4. thegriz18

    thegriz18 Paper Killer

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    Back home in NY 2 inches of snow is a Spring shower.
     
  5. Thx-1138

    Thx-1138 NRA Member

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    The Second Amendment has yet to be Incorporated. Let's hope they rule in our favor in McDonald vs. Chicago.
     
  6. Bilbo Bagins

    Bilbo Bagins Slacked jawed

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    +1 so if the NC coast gets battered with a hurricane, a state of emergency is called and you decide to evacuate and you pack up your prized possessions, you have to leave your firearms in your home, so the looters can steal them???
     
    Last edited: Feb 3, 2010
  7. David Armstrong

    David Armstrong

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    A common misconception. Unless there is a NC 2nd Amendment the Gov has not suspended the 2nd Amendment as the 2nd is not applicable in this case. Like it or not, the 2nd is still a Federal issue, and not incorporated. Hopefully that will be changed shortly, but until then it doesn't help the cause to suggest as facts certain things that are not accurate.
     
  8. Toml

    Toml

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    Mike Easley is governor of North Carolina. Perdue is Georgia's governor. Any other facts need to be checked in this post?
     
  9. plus3

    plus3

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    No. Bev Purdue is the governor of NC.
    As for the state of emergency thing...I'm in Charlotte and had no idea. My 27 has no left my side. Hope I don't get in trouble
     
  10. Toml

    Toml

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    I stand corrected. Thank you. :embarassed:
     
  11. Thx-1138

    Thx-1138 NRA Member

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    However, Article I, Section 30 of the NC Constitution uses nearly identical phrasing as the 2nd Amendment.

    http://www.ncga.state.nc.us/Legislation/constitution/article1.html
     
  12. Blitzer

    Blitzer Cool Cat

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    The time to amend the law is now!
     
  13. David Armstrong

    David Armstrong

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    Which does not change things at all. The Gov still did not suspend the 2nd Amendment, which is my point.
     
  14. plus3

    plus3

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    so then can some tell me:
    Is it illegal to carry in NC right now? I briefly skimmed the governor's website but did not see anything definitive on being declared state of emergency.

    Also, maybe someone here would know what the chances are of getting the laws in NC ammended to allow carry in more places. I think it is ridiculous to not be able to carry in any establishments that serve alcohol----in case you haven't noticed, that is EVERYPLACE.
    Just wondering, maybe someone has some insight
     
  15. Thx-1138

    Thx-1138 NRA Member

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    Yes, it is currently illegal to carry in NC.

    See http://www.governor.state.nc.us/NewsItems/ExecutiveOrderDetail.aspx?newsItemID=896

    From the Governor's Web Site, click "Executive Orders", then view the top one.

    Also, see http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-288.7.html for the statute that outlaws weapons transportation during an emergency.
     
  16. woggie

    woggie

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  17. NewGlocker28

    NewGlocker28

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    I was going to say the exact same thing. As a fairly recent graduate from law school I was shocked at how little (almost none) action had been taken by the Supreme Court in regards to the 2nd Amendment. Maybe b/c up until recently common sense reigned supreme and people and local government alike understood it to mean an individual's right to own firearms.

    Also, anyone else think that during a riot or a "State of Emergency" might be the BEST time to have your firearm on you? I do understand the need not to fuel a fire during a riot or other emergency by introducing guns, but let's face it, those that are rioting have little respect for the law to begin with and will most likely be bringing guns or other weapons. So shouldn't those that go about buying their firearms legally and take the time to legally be able to carry concealed be afforded the opportunity to defend themselves in times of riot or emergency?
     
  18. kirgi08

    kirgi08 Watcher. Silver Member

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  19. Gunnut 45/454

    Gunnut 45/454

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    Yep time to get rid of the law! Justification would be that CCW is allowed by law so that law is now outdated!:whistling:
     
  20. FrogWithAGlock

    FrogWithAGlock Girl with a Gun

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    Perhaps it's in the application/enforcement of said law??

    Meaning, in a state of emergency, they can simply arrest you for carrying a gun, they don't need any other probable cause to lock up those that are looting, etc..... the presence of a gun is enough. Yet those who are shooting in self defense, on their own property, etc (clearly not looting), are ignored.

    Lots of laws on the books that are only used to add charges to those already in trouble for committing a crime.
    :dunno:


    Either way, the law needs to be changed. either to remove that section, or to clarify it as only an "additional charge" in the commission of a crime.