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North Carolina Governor's Gun Ban
Publius Forum ^ | 09/10/10 | Warner Todd Huston

Posted on 09/10/2010 10:35:50 AM PDT by Mobile Vulgus

It appears that North Carolina Governor Beverly Perdue went to the Rahm Emanuel school of governing because hurricane Earl was a "crisis" that was "too good to waste." Perdue used hurricane Earl as an excuse to claim that the North Carolina was in a "state of emergency" and this proclamation opens the door for an "emergency" gun ban.

On Sept. 1 as Earl was bearing down on the coast, Perdue signed Executive Order 62 in which she claimed that the state was officially in a state of emergency and that EO sets in motion statute 14-288.7 -- titled "Transporting dangerous weapon or substance during emergency; possessing off premises; exceptions." (N.C. definition of "state of emergency" can be seen in 14-288.1 definitions)...

Read the rest at Publiusforum.com...


TOPICS: Conspiracy; Government; Local News; Politics
KEYWORDS: 2ndamendment; banglist; beverlyperdue; democrats; earl; guns; hurricaneearl; liberalfascism; northcarolina; perdue; shallnotbeinfringed
Hands OFF my Second Amendment rights!
1 posted on 09/10/2010 10:35:52 AM PDT by Mobile Vulgus
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To: Mobile Vulgus

I don’t know how long she’s been in office, but if she runs again this will come back to bite her.


2 posted on 09/10/2010 10:37:18 AM PDT by pray4liberty (dare I say it??)
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To: pray4liberty; MitchellC

She was elected in 2008, but will DOA in 2012.


3 posted on 09/10/2010 10:39:48 AM PDT by Perdogg (Nancy Pelosi did more damage to America on 03/21 than Al Qaeda did on 09/11)
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To: Mobile Vulgus
What has happened to North Carolina in the last 10 or so years? It has one Democrat Senator, and a Republican Senator who - even if is a conservative - is practically invisible. Of it's 13 House districts, 8 (I think) are held by Democrats. And, it seems that there's a flaming leftist in the Governor's mansion.

What gives?

4 posted on 09/10/2010 10:41:01 AM PDT by OldDeckHand
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To: OldDeckHand

The demographics of NC have changed a lot in the last two election cycles. Tons of people escaping the NE, CA and central America have settle there. Guess how they’re voting?


5 posted on 09/10/2010 10:44:52 AM PDT by ATLDiver
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To: Mobile Vulgus

I’ve been told that NC is overrun by illegals. Is that correct? The last time I was there was more than thirty years ago, and it was a great, beautiful state, full of wonderful people.


6 posted on 09/10/2010 10:46:59 AM PDT by pallis
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To: OldDeckHand

North Carolina can’t seem to find a decent GOP candidate to run for Governor. As a result, it’s been held by democrats for as long as I know... and they’ve been going further to the left (Hunt - Easley - Purdue) ever since I’ve kept track. Of course, this also tracks with higher taxation, job elimination, and a Mexican invasion.


7 posted on 09/10/2010 10:49:36 AM PDT by alancarp (Please don't tell Obama what comes after "trillion")
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To: ATLDiver

Lets place blame where it rightly belongs. Yes, the tards from away aren’t helping BUT the homegrown tards are the reason NC is such a cesspool. The entire state govt is corrupt. When I lived there not terribly long ago it was common to hear about this or that govr employee or pol getting caught doing a crime, at court, going to jail or being released. Then theres the Nifong circus. The locals seemed all OK w/ it. I have an exra low view of the NC electorate....mostly ignorant and pliable. Then there are the taxes....


8 posted on 09/10/2010 10:51:53 AM PDT by 556x45
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To: ATLDiver
Tons of people escaping the NE, CA and central America have settle there. Guess how they’re voting?

So they're escaping leftist hell-holes and running to NC to build one there.

9 posted on 09/10/2010 10:54:29 AM PDT by samtheman
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To: Mobile Vulgus

This WON’T Stand!Wait until their elected officials are”RETIRED”!!!!!!!!!!!!!!!


10 posted on 09/10/2010 11:04:49 AM PDT by bandleader
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To: Mobile Vulgus

Remember the HEAT The Police Chief caught in New Orleans on the heels of Katrina when he proposed SEIZING firearms from law-abiding citizens in time of an emergency??


11 posted on 09/10/2010 11:08:19 AM PDT by bandleader
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To: Mobile Vulgus

Please everybody go to the link below and click on “Letter to Sheriff association”. Here you will see that gun rights were not suspended during hurricane Earl. This is the official N.C. gov site. I even call our local sheriff and he conformed this. Once again the reports of suspension of gun rights during Earl are FALSE!

http://www.nccrimecontrol.org/Index2.cfm?a=000003,000010,000025,000185,001946,001948


12 posted on 09/10/2010 11:10:16 AM PDT by rsobin
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To: OldDeckHand

What has happened to North Carolina in the last 10 or so years? It has one Democrat Senator, and a Republican Senator who - even if is a conservative - is practically invisible. Of it’s 13 House districts, 8 (I think) are held by Democrats. And, it seems that there’s a flaming leftist in the Governor’s mansion.
What gives?

easy, n.y.& n.j. moved there...


13 posted on 09/10/2010 11:27:44 AM PDT by ronnied (target shooters don't raise toilet seats...)
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To: rsobin
!. She declared an emergency

2. § 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-

14 posted on 09/10/2010 11:32:22 AM PDT by gatex (NRA, JPFO and Gun Owners of America)
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To: alancarp

Did Purdue only beat McCrory because it was 2008, a horrible year for Republicans. Or, was McCrory just a bad candidate? On paper, he seemed competent.


15 posted on 09/10/2010 11:51:53 AM PDT by OldDeckHand
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To: OldDeckHand

There are a lot of libertarians in NC who abadoned the GOP after the Tarp fiasco in 2008.

McCain in Sept had a 20 point lead but lost the state.


16 posted on 09/10/2010 11:55:34 AM PDT by Perdogg (Nancy Pelosi did more damage to America on 03/21 than Al Qaeda did on 09/11)
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To: gatex

Come on man , it’s there in black and white. Did you even read the letter to the NC Sheriff’s Association? Do the facts in this case conflict with preconceived notions? Executive order 62 does not automatically trigger 14-288.7. And It was not in effect for Earl, as stated.


17 posted on 09/10/2010 11:57:46 AM PDT by rsobin
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To: OldDeckHand

You would be shocked at how many people from the Northeast have come to retire in NC. Not only that, but sometimes their children follow them and their grandchildren all go to college in NC for the most part. The political demographics of NC have shifted big time to the left in the last 15 years.


18 posted on 09/10/2010 12:04:20 PM PDT by Codeflier (Bush, Clinton, Bush, Obama - 4 democrat presidents in a row and counting...)
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To: Mobile Vulgus
Well, it's against their State constitution:

Art 1, Sec. 30. Militia and the right to bear arms.
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; and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power. Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.

Every person in North Carolina can individually inquire into this "law's" legitimacy when it is used:
Sec. 21. Inquiry into restraints on liberty.
Every person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to remove the restraint if unlawful, and that remedy shall not be denied or delayed. The privilege of the writ of habeas corpus shall not be suspended.

Finally, because Sec 30 clearly acknowledges the right of the people to keep and bear arms, the following can be used to counter as well.
Sec. 19. Law of the land; equal protection of the laws.
No person shall be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner deprived of his life, liberty, or property, but by the law of the land. No person shall be denied the equal protection of the laws; nor shall any person be subjected to discrimination by the State because of race, color, religion, or national origin.

And, just tho throw a monkey-wrench at any government-enamored person who would claim that such a statute is the law, I direct this reference:
Sec. 5. Allegiance to the United States.
Every citizen of this State owes paramount allegiance to the Constitution and government of the United States, and no law or ordinance of the State in contravention or subversion thereof can have any binding force.

Reference: The Official Site of the North Carolina General Assembly

19 posted on 09/10/2010 12:24:59 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Mobile Vulgus

ALL Democrats believe in gun control!


20 posted on 09/10/2010 1:27:19 PM PDT by fortheDeclaration (When the wicked beareth rule, the people mourn (Pr.29:2))
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To: Mobile Vulgus

Just out of curiosity, has the “State of Emergency” been lifted yet?

Searching around, I haven’t found anything to the effect that is has been lifted, so what gives?

My concerns are that it will be tried in other states, I assume the hurricane is long gone and so has the reason for this whole thing.

Does anybody have any insight on this?


21 posted on 09/10/2010 2:15:41 PM PDT by GYL2 (Always mystify, mislead and surprise the enemy Thomas J. (Stonewall) Jackson)
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To: rsobin
Not so fast. Read this:

http://www.examiner.com/gun-rights-in-charlotte/governor-perdue-is-wrong-about-north-carolina-state-of-emergency

BIG LIE THEORY IN PRACTICE

The most bald-faced lie told by the governor, however, is this:

“You have asked whether G.S. 14-288.7 applies to the state of emergency declared in Executive Order 62 due to Hurricane Earl. Executive Order 62 was issued pursuant to the Governor’s authority under the North Carolina Emergency Management Act, Chapter 166A of the General Statutes and not pursuant to her authority under Article 36A of Chapter 14 of the General Statutes. [Emphasis added]

“Executive Order 62 did not trigger the provisions of G.S. 14-288.7, and there was never any intention by the issuance of Executive Order 62 to restrict the transportation or possession of off-premises firearms. "

THE TRUTH

Now contrast that with Section 3 of EO 62, the declaration of State of Emergency, which clearly contains what they claim is not there:

“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 and Article 36A of Chapter 14 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.” [Emphasis added]

That would be the same Article 36 A, Chapter 14 which contains the definition of “state of emergency,” the definition of “dangerous weapon” to include firearms and, yes, G.S. 14-288.7, the ban on transporting dangerous weapons during states of emergency.

Best regards,

22 posted on 09/10/2010 3:14:45 PM PDT by Copernicus (California Grandmother view on Gun Control http://www.youtube.com/view_play_list?p=7CCB40F421ED4819)
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To: rsobin
"Come on man , it’s there in black and white. Did you even read the letter to the NC Sheriff’s Association?"

Letter does not over-ride law, which says it goes into effect when a state of emergency is declared.

23 posted on 09/10/2010 3:31:12 PM PDT by gatex (NRA, JPFO and Gun Owners of America)
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To: samtheman

Correct. I graduated Chapel Hill in ‘94, that area has always been super liberal. Now the entire RTP area and big chunks of the Tried are bolstered by NE and left coast Luba; combine that with Charlotte and other liberal pockets and its not hard to understand why NC is purple.


24 posted on 09/10/2010 5:48:13 PM PDT by ATLDiver
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To: OldDeckHand

Those hillbillys love free stuff, who gives out more free stuff than Democrats?


25 posted on 09/10/2010 11:37:37 PM PDT by investigateworld (Torah is written in and on the hearts of all men ..........(Now at 1776x2,com))
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To: OldDeckHand

It is the immigration from Communist states in the NE- they live in big suburbs around Charlotte, Raleigh/Durham, etc. Due to a big disparity in economies of scale, someone in New Jersey can sell their hut, come here, and suddenly become upper middle class with a McMansion. Add to that the influx of West Virginians in the western end of the state (people wedded to what the government can dish out) and our own native African-American contingents (in the pocket of the Dem machine, never to be brought out) and you see that the situation is not ideal.


26 posted on 09/12/2010 6:03:19 AM PDT by GenXteacher (He that hath no stomach for this fight, let him depart!)
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