In my state it's a Governor's proclamation that's specific to addressing the event. The Proclamation addresses the issues of the event and is not a blanket suspension of state laws, but the suspension of those state laws/regulations that basically are in the way of addressing the event.
State of emergencies and CCW, am I reading wrong?
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...
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...
21 - 40 of 42 Posts
That "state of emergency" rule doesn't make sense to me. If there really is a state of emergency wouldn't that be one of those times when you REALLY might need to defend yourself and family? I remember the videos in NOLA when that hurricane came through, and the military/police knocking down doors and stealing weapons. Especially the old lady got taken down to the floor and forcefully stole her gun.
The statute regarding no carry during states of emergency in NC was Repealed by Session Laws 2012-12, s. 2(c), effective October 1, 2012.
Statute 166A-19.31 was modified where it states that a state of emergency does not authorize prohibitions or restrictions on lawfully possessed firearms or ammunition.
If you note, this thread was circa 2008
Statute 166A-19.31 was modified where it states that a state of emergency does not authorize prohibitions or restrictions on lawfully possessed firearms or ammunition.
If you note, this thread was circa 2008
NC Bullseye, Thank you for the update thays what I was hoping to read! I was the OP and was hoping for positive movement since I last checked and you provided it!
With the state being controlled by Republicans, many of them on the conservative side, hopefully it stays this way for a while, at least until they try to enforce the UN smalls arms deal...
With the state being controlled by Republicans, many of them on the conservative side, hopefully it stays this way for a while, at least until they try to enforce the UN smalls arms deal...
Still..rather than simply repealing your law on emergencies, you should push to have it clearly stated that gun rights (right to carry, right to carry ammo, etc) be spelled out and cannot be suspended.
Kentucky has such a law and it is pretty thoroughly stated:
237.104 Rights to acquire, carry, and use deadly weapons not to be impaired
-- Seizure of deadly weapons prohibited -- Application of section.
(1) No person, unit of government, or governmental organization shall, during a
period of disaster or emergency as specified in KRS Chapter 39A or at any
other time, have the right to revoke, suspend, limit the use of, or otherwise
impair the validity of the right of any person to purchase, transfer, loan, own,
possess, carry, or use a firearm, firearm part, ammunition, ammunition
component, or any deadly weapon or dangerous instrument.
(2) No person, unit of government, or governmental organization shall, during a
period of disaster or emergency as specified in KRS Chapter 39A or at any
other time, take, seize, confiscate, or impound a firearm, firearm part,
ammunition, ammunition component, or any deadly weapon or dangerous
instrument from any person.
(3) The provisions of this section shall not apply to the taking of an item specified
in subsection (1) or (2) of this section from a person who is:
(a) Forbidden to possess a firearm pursuant to KRS 527.040;
(b) Forbidden to possess a firearm pursuant to federal law;
(c) Violating KRS 527.020;
(d) In possession of a stolen firearm;
(e) Using a firearm in the commission of a separate criminal offense; or
(f) Using a firearm or other weapon in the commission of an offense under
KRS Chapter 150.
Effective:July 12, 2006
History: Created 2006 Ky. Acts ch. 240, sec. 7, effective July 12, 2006.
Kentucky has such a law and it is pretty thoroughly stated:
237.104 Rights to acquire, carry, and use deadly weapons not to be impaired
-- Seizure of deadly weapons prohibited -- Application of section.
(1) No person, unit of government, or governmental organization shall, during a
period of disaster or emergency as specified in KRS Chapter 39A or at any
other time, have the right to revoke, suspend, limit the use of, or otherwise
impair the validity of the right of any person to purchase, transfer, loan, own,
possess, carry, or use a firearm, firearm part, ammunition, ammunition
component, or any deadly weapon or dangerous instrument.
(2) No person, unit of government, or governmental organization shall, during a
period of disaster or emergency as specified in KRS Chapter 39A or at any
other time, take, seize, confiscate, or impound a firearm, firearm part,
ammunition, ammunition component, or any deadly weapon or dangerous
instrument from any person.
(3) The provisions of this section shall not apply to the taking of an item specified
in subsection (1) or (2) of this section from a person who is:
(a) Forbidden to possess a firearm pursuant to KRS 527.040;
(b) Forbidden to possess a firearm pursuant to federal law;
(c) Violating KRS 527.020;
(d) In possession of a stolen firearm;
(e) Using a firearm in the commission of a separate criminal offense; or
(f) Using a firearm or other weapon in the commission of an offense under
KRS Chapter 150.
Effective:July 12, 2006
History: Created 2006 Ky. Acts ch. 240, sec. 7, effective July 12, 2006.
If you note my post you'll see where Statute 166A-19.31 does just that.Still..rather than simply repealing your law on emergencies, you should push to have it clearly stated that gun rights (right to carry, right to carry ammo, etc) be spelled out and cannot be suspended.
Kentucky has such a law and it is pretty thoroughly stated:
237.104 Rights to acquire, carry, and use deadly weapons not to be impaired
snip.
I can't remember the last time someone was charged with participating in an affray or going armed to the terror of the public or selling alcohol to a minor or minor in possession of a forged DL. The point being we are ignorant of most law enforcement interactions and subsequent charges.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.
Just because they don't doesn't mean they are not likely to at some point in time.
That's why folks in SC are amused when NC and SC are lumped together as 'The Carolinas'....I'm a relative newcomer to NC, and for a southern state, it sure has a Yankee feel to it sometimes...
Which state is more free? NC has Open carry, SC has conceal carry in your vehicle (no permit), NC allows non-resident CC permits, SC does not...That's why folks in SC are amused when NC and SC are lumped together as 'The Carolinas'.
5. Areas of Emergency and Riots
Pursuant to North Carolina’s Emergency Management Act (Chapter 166A of the General Statutes) local governments may impose restrictions on dangerous weapons such as explosives, incendiary devices, and radioactive materials and devices when a state of emergency is declared, but may not impose restrictions on lawfully possessed firearms.
Pursuant to North Carolina’s Emergency Management Act (Chapter 166A of the General Statutes) local governments may impose restrictions on dangerous weapons such as explosives, incendiary devices, and radioactive materials and devices when a state of emergency is declared, but may not impose restrictions on lawfully possessed firearms.
Memories are short. At the time people were angry, so a bill was drafted to show they were gonna do something about that. Bill passed in the house, but by then no one was paying attention anymore so the senate didn't pass it. Everything was crickets so it just kinda faded away.That "state of emergency" rule doesn't make sense to me. If there really is a state of emergency wouldn't that be one of those times when you REALLY might need to defend yourself and family? I remember the videos in NOLA when that hurricane came through, and the military/police knocking down doors and stealing weapons. Especially the old lady got taken down to the floor and forcefully stole her gun.
https://www.govtrack.us/congress/bills/109/hr5013/text
I hope you folks that posted to this zombie thread today realize it started in 2008 and the most current response prior to today was nearly two years ago?
NC has not prohibited the legal carry of firearms during a declared state of emergency since 2012.
NC has not prohibited the legal carry of firearms during a declared state of emergency since 2012.
I hope you're not suggesting we ignore or discount threads just because they're getting a little long in the tooth. I, personally, like old threads and I treat them all equally.I hope you folks that posted to this zombie thread today realize it started in 2008 and the most current response prior to today was nearly two years ago?
NC has not prohibited the legal carry of firearms during a declared state of emergency since 2012.
You sir, are a threadist.
(Totally overlooked the age of the thread. I just thought it was an interesting topic)
You know there is a reason it's called "Concealed" carry.
You know there is a reason they say ignorance is bliss.
Agree. I live in Wilmington and we stayed with Hurricane Florence. I altered nothing in my daily routine.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.
Bumped for upcoming hurricane season.
I think, in this one instance, CA has a "Good" gun law!!
CA Emergency Services Act:
§ 8571.5. Prohibition on seizure of firearms
Nothing in this article shall authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition, or authorize any order to that effect, provided however, that a peace officer who is acting in his or her official capacity may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual. The officer shall return the firearm to the individual before discharging the individual, unless the officer arrests that individual or seizes the firearm as evidence pursuant to an investigation for the commission of a crime.
CA Emergency Services Act:
§ 8571.5. Prohibition on seizure of firearms
Nothing in this article shall authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition, or authorize any order to that effect, provided however, that a peace officer who is acting in his or her official capacity may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual. The officer shall return the firearm to the individual before discharging the individual, unless the officer arrests that individual or seizes the firearm as evidence pursuant to an investigation for the commission of a crime.
Read an article about when Katrina did New Orleans. Someone in authority declared firearms verbotten, to be ceased. By that time the were several military groups in action. The article focused on one unit and the officers take on ceasing weapons from civilians. After discussion with the troops they decided to not cease firearms. Eventually when the various units talked, turns out all had independently decided against ceasing civilian firearms. Wish I'd saved the article because this really impressed me.
State laws differ, and you are very likely reading it correctly.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...
Fortunately, we are slowly digging out of draconian laws. It is slow but happening and has made progress over the years. We still have some rather "interesting" rules though.
All that for this, Texas will have that language lifted this year. Disaster areas will no longer be subject to the law that prohibited carry in those situations. If I read it correctly, don't count on my interpretation, a license to carry will not be required evacuating and returning to your residence. Licensed carriers will follow the established rulings.
That’s cause everybody in ny and nj and to a lesser degree, ma and ct have soft invaded NC. There should be a law that you can’t vote in local and state elections until you’ve lived in the stat 10 years. BTW, I’m a damn yankee from ma.I hadn't heard anything either. I'm hoping you're right, but fearing you're not.
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...
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.
21 - 40 of 42 Posts
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