State of emergencies and CCW, am I reading wrong?

7272 Views 41 Replies 24 Participants Last post by LostinTexas, Aug 14, 2019

Aeroscoper

Discussion Starter · Dec 10, 2008

As many of you know, in NC the carrying of firearms are forbidden during riots, and in areas where a State of Emergency has been declared.

This past summer the drought caused many regions to declare such, so if someone CCW's in said areas, are they breaking the law???

So in a Katrina type scenario, I guess North Carolinians are sol?

Please tell me I"m reading this incorrectly...

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JohnHoliday

· #2 · Dec 10, 2008

Unfortunately, you are reading it correctly.

I doubt this is enforced at all, and I doubt many cops know of this law, but yes, during a state of emergency (like this summer) it is illegal to concealed carry

:-(

Reactions: 2

Glockphobia

· #3 · Dec 10, 2008

thats gotta suck

Reactions: 1

MaximaDrvr

· #4 · Dec 10, 2008

Yep, the law sucks, but I don't foresee much enforcement, if any.

Reactions: 1

Aeroscoper

Discussion Starter · #5 · Dec 10, 2008

I was afraid of that, thanks for the confirmation guys.

Though I'd like to agree with you guys that think it wouldn't be enforced, Katrina and maybe my cynicism makes me believe it'll be otherwise.

Reactions: 2

MaximaDrvr

· #6 · Dec 10, 2008

We were in a state of emergency twice in the last year, and I never heard of anyone getting in trouble for CCW. I'm sure it would have been picked up on the radar if it had happened.

Reactions: 1

carolinajohn63

· #7 · Dec 10, 2008

Aeroscoper said:
I was afraid of that, thanks for the confirmation guys.

Though I'd like to agree with you guys that think it wouldn't be enforced, Katrina and maybe my cynicism makes me believe it'll be otherwise.

Man Flordia and Arizona are looking much better all the time.

Reactions: 1

Texas357

· #8 · Dec 10, 2008

is there a difference between a declared emergency, and a declared disaster? Around here, all I hear are disaster declarations.

Aeroscoper

Discussion Starter · #9 · Dec 10, 2008

MaximaDrvr said:
We were in a state of emergency twice in the last year, and I never heard of anyone getting in trouble for CCW. I'm sure it would have been picked up on the radar if it had happened.

I hadn't heard anything either. I'm hoping you're right, but fearing you're not.

carolinajohn63 said:
Man Flordia and Arizona are looking much better all the time.

I'm a relative newcomer to NC, and for a southern state, it sure has a Yankee feel to it sometimes. Florida, lived in Miami for a while, might as well been living in Cuba, Arizona, hear great things. Indiana, lifetime CCW's...hmmm...

Texas357 said:
is there a difference between a declared emergency, and a declared disaster? Around here, all I hear are disaster declarations.

Interesting point. I'm pretty sure I've heard them call for a "state of emergency" because it was declared a "disaster area". Not sure how they're related.

Bogey

· #10 · Dec 11, 2008

I hardly think drought is what the lawmakers had in mind. Lawmakers sometimes engage pens and votes before they engage brains.

I believe a major disaster such as hurricanes, multiple tornadoes, etc are what they mean.

I had numerous occasions this year to have to interact with police. As you know, we have to notify. None had any issue with the fact that I was carrying. Not too sure the majority of police would even have an issue if there were a disaster.

Grayson

· #11 · Dec 11, 2008

Surely...SURELY...this is something we can get "fixed" in our CCW law? If not the "no carrying in places that serve alcohol" provision (despite the fact that we can't carry and drink anyway, and SOME of us are teetotalers ANYHOW), or the ridiculous "no carry into places that charge admission" BS?

After all, our new Governor was NRA Endorsed, right? :whistling:

NC Bullseye

· #12 · Dec 11, 2008

We had a chance last year to fix this. Maybe if people would contact their reps we could get it going again.

The bill we let die was H310 that eliminated the seizure of weapons during a state of emergency and allowed the transport of guns during a state of emergency.

We just elected a flock of new reps, how many people have written the new ones?

Just for the record

http://www.ncga.state.nc.us/Sessions/2007/Bills/House/HTML/H310v1.html

NC Bullseye

· #13 · Dec 11, 2008

Grayson said:
Surely...SURELY...this is something we can get "fixed" in our CCW law? If not the "no carrying in places that serve alcohol" provision (despite the fact that we can't carry and drink anyway, and SOME of us are teetotalers ANYHOW), or the ridiculous "no carry into places that charge admission" BS?

After all, our new Governor was NRA Endorsed, right? :whistling:

Just look at what we let die last year. We let the carry where alcohol is sold and consumed in restaurants (H831), castle doctrine (H476), CHP valid in parks (H830).

We need to be a pain in our reps butts. Call, write (real snail mail AND e-mail), and call. Weekly if needed.

Texas357

· #14 · Dec 11, 2008

Aeroscoper said:
Interesting point. I'm pretty sure I've heard them call for a "state of emergency" because it was declared a "disaster area". Not sure how they're related.

Also, who declares them? Here, mayors can do emergency ordinances, but the state declares disasters - it is all spelled out who has what power to make what declaration, and what that declaration allows. Usually, the biggest motivation for declaring a disaster area is to qualify for Federal funds.

It sounds like somebody wrote some feel-good legislation, without loooking into definitions, workability, and impact of the legislation.

Reactions: 1

southernreign

· #15 · Dec 15, 2008

NC Bullseye said:
Just look at what we let die last year. We let the carry where alcohol is sold and consumed in restaurants (H831), castle doctrine (H476), CHP valid in parks (H830).

We need to be a pain in our reps butts. Call, write (real snail mail AND e-mail), and call. Weekly if needed.

The 'castle doctrine' is not in affect anymore???

NC Bullseye

· #16 · Dec 15, 2008

southernreign said:
The 'castle doctrine' is not in affect anymore???

Never took effect to begin with. Got lost in committee.

What we loosely call a Castle Doctrine only goes to allow the home owner the ability to stop a forcible entry if certain defined conditions are met.

The bill I mentioned above would give us a true Castle Doctrine. It would also stop any civil suits against the home owner if the shooting was found justified and there were no criminal suits filed.

Read what was proposed, it wasn't perfect but it sure did beat what we have now.

Write your reps. Often!

JohnHoliday

· #17 · Dec 15, 2008

I need to start writing my reps weekly. Can anyone give me info on what would be the best way to get around to this?

Most particularly, being able to carry in places that serve alcahol, and places that charge admission.

Thanks.

NC Bullseye

· #18 · Dec 15, 2008

JohnHoliday said:
I need to start writing my reps weekly. Can anyone give me info on what would be the best way to get around to this?

Most particularly, being able to carry in places that serve alcahol, and places that charge admission.

Thanks.

Go to the state web site I listed in the above two posts, look up the bill I listed and read each one. They will list who started the bill and who co-sponsored them. Get the contact info for each.

Then go to your board of election web site and look up your districts and get the contact for your reps. Usually the BOE site will ask for your full name and birth date to give you your info, no biggie. Write both real snail mail and email requesting that your reps revive the above listed bills. Ask that they resubmit them as soon as possible.

Make sure that you ask for a response and offer to help if you can. Sometimes they may want more info, reasons, etc. Be polite, professional and persistent. Check your grammar and ask someone else to check it for you. Nothing gets less attention than a poorly written or worded letter. Don't threaten on your first letter, they know you are a voter. If you don't get a satisfactory response THEN remind them you have a vote that will matter to them in the future and you WILL relay their lack of support to others you deal with that are ALSO voters.

Take time to do the leg work. It's the only way we will ever get improvements on what we have now.

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Grayson

· #19 · Dec 18, 2008

Another member suggested that rather than a long letter detailing EVERYTHING you want on a certain issue, keep it postcard-sized and on one topic only - in fact he said he uses plain postcards you can buy at the Post Office for writing reps.

Aeroscoper

Discussion Starter · #20 · Feb 20, 2015

Gentlemen, I've been out of the mix for a while, any movement or update to these matters since the new laws went into affect last year??

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