Posted on 10/07/2010 12:29:39 PM PDT by Red in Blue PA
"State of emergency declared in North Carolina," the WECT News 6 headline informs us. "Governor Bev Perdue has declared a State of Emergency for North Carolina in anticipation of Hurricane Earl's arrival."
From blogger John Jacob H:
"Upon Governor Beverly Perdue’s declaration of a State Of Emergency on September 1, 2010 Dove Hunters, Concealed Carry Handgun Licensees, Target Shooters and all other gunowners cannot possess, transport or use firearms off their personal property as per N.C. Gen. Stat. § 14-288.7"
Here's what the statute says:
"§ 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:
(Excerpt) Read more at examiner.com ...
Government, of course, as usual, has things exactly Bizarro-World backwards. It's when the security of a free state is imperiled that the right of the people to keep and bear arms is most necessary.
From my research of the issue, in case this takes place in other states, was that unless the “State of Emergency” is rescinded, it remains in effect for 30 days.
Was the “State of Emergency” ever rescinded?
Anybody down there know if that bad old hurricane is still hanging around?
If I was a NC Citizen, yes; I’m a NM Citizen though.
LOL, very brave of you. I lived in NC for a short time and figure you wouldn’t make it to trial. I’ve never lived in a place, exc perhaps WA, that was so corrupt. From top to bottom the place is a cesspool of corruption. The voters seem not to care all that much either.
Ah, thank you; I certainly don’t see myself as ‘brave’ though... I’m more of an ‘avoider’ when it comes to confrontation.
That said, I’m probably going to have* to violate some laws in order to challenge their validity as they contradict the State Constitution.
(*Every time I bring it up to someone in a position of authority they pass the buck to someone else and/or justify the contradictions by citing other contradictions.)
The issue is that the State Constitution says this:
Article II – Bill of Rights
Sec. 6. [Right to bear arms.]
No law shall abridge the right of the citizen to keep and bear arms for security
and defense, for lawful hunting and recreational use and for other lawful
purposes, but nothing herein shall be held to permit the carrying of concealed
weapons. No municipality or county shall regulate, in any way, an incident of the
right to keep and bear arms. (As amended November 2, 1971 and November 2, 1986.)
Yet there are multiple laws “on the books” which contradict/violate this section:
1 — 30-7-2.4. Unlawful carrying of a firearm on university premises; notice; penalty.
http://www.conwaygreene.com/nmsu/lpext.dll?f=FifLink&t=document-frame.htm&l=query&iid=6c1804dd.55b72e94.0.0&q=%5BGroup%20%2730-7-2.4%27%5D
2 — 30-7-2.2. Unlawful possession of a handgun by a person*; exceptions; penalty.
[* “Person” is defined, in this statute, as someone under 19 years of age.]
http://www.conwaygreene.com/nmsu/lpext.dll?f=FifLink&t=document-frame.htm&l=query&iid=6c1804dd.55b72e94.0.0&q=%5BGroup%20%2730-7-2.2%27%5D
3 — The prohibitions of weapons from Municipal and County courts.
4 — City ordinances prohibiting firearms in city-parks.
Now,I’d rather challenge these from the position of strength of not having violated them; given the buck-passing from officials though that is becoming a vanishingly small possibility. This leaves me with the option of attacking these laws from a position of weakness: challenging their validity in court as my defense for breaking them.
Right now I’m torn between the University statute and the city-park ordinance:the upside against the city-ordinance is that it violates both sentences of the cited section of the State Constitution; whereas the upside of violating the State Statute is that the penalty for violating it is [should my defense fail] only a misdemeanor.
Which do you think would be the better route?
No. But I like the idea!
Reference your: “N.C. is the most gun un-friendly state in the South. You even have to get a permission slip from your local sheriff before you are allowed to buy a handgun.”
It’s not just guns. Gotta have a physician’s excuse of physical impairment to use a crossbow instead of a standard bow.
Thanks for the response. I’ll keep on looking.
September 2nd, 2010 and
Search is your friend.....
North Carolina declared 'gun free zone' in anticipation of Hurricane Earl
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