Gun Rights Suspended under A State of Emergency in North Carolina

Originally posted by ararisq

Originally posted by thegoods724
THIS IS FROM 2010 FROM HURRICANE EARLE NOT THE CURRENT HURRICANE!!!

2010

WHATS THE BIG DEAL ITS OVER AND DONE WITH

I wonder if its a typo - either way good catch. As I said - ignore this - just as you should ignore any order which is not lawful.

If they pulled that crap in 2010, why wouldn't they try to pull it in 2011?

Best to stay vigilant.

Also it never hurts to break out the Constitution and share the information with others in the meantime. Ward off this tyranny that keeps trying to swallow our nation.

Originally posted by muzzleflash

Originally posted by littled16
I think they (meaning the state government of North Carolina) have overreacted by suspending gun rights during a state of emergency. They watched the whole Katrina mess on TV and got all paranoid. Not all state governments react this way (the police where I live encouraged us to use guns if we caught trespassers or thieves on our property after hurricanes Rita and Ike and actually asked us if we had enough ammo to get by for a while).

While I do believe the ultimate goal of our Federal government is to disarm the general public, I think this is just a case of a paranoid State government in action in this instance.

They cannot suspend gun 'rights' because they are the supreme law of the land.

But they can however revoke the privileges of contractually obligated UCC slaves who don't even know the difference between their rights and tricky legalese. So the tricky legalese speak will fool them, and they will think they have no rights.

But in reality, unlawful contracts and using deception to fool people into signing contracts they had no idea entailed this type of tyranny is also illegal.

So in reality the UCC slaves are free, they just don't understand or know it yet. Hopefully one day they will realize these contracts are illegitimate in the first place and that they are not contractually obligated unto them, because they were based and enforced through deception and lies.

The only real Laws in this nation are one's created to PROTECT YOUR LIBERTIES from the tyranny of governments, corporations, or some guy down the street.

Thanks for the info! I just think the whole mess is a bunch of malarkey. Makes me glad I live in a state where the gun laws are in favor of the gun owner. I wonder sometimes how long THAT will last! I think if the state government in my state (Texas) ever try that business it could probably get pretty ugly. I hope the people of North Carolina wake up and smell the coffee!

My take? Like said above, they can take my weapon from my dead hands, and after my dead hands, my wife’s dead hands as she is trained to back me up if I go down. I’m sorry, my weapon will come with me if I need to leave my house, as I want to defend myself and family when fleeing a disaster as well as when I am holed up in my home. I am amazed that authorities were going door to door taking weapons from innocent citizens during harsh storms. My theory during this time, is that I will not open the door for anyone. May family knows where I am, and what methods of communiqué I would be using during this kind of event. If they want to reach me, they know how to. You have to remember, as much as people can say that they will help others during a time like this, they also have to take care of themselves and their own family, and if they aren’t prepared, you can become the victim if they know you have supplies.

So to summarize, my weapon will not be taken away, period.

reply to post by ChachiArcola


Yes you are correct.

All human beings have the right to travel with their property.

You are free to do as you wish, as long as you do not infringe the liberty of someone else.

The only real "crimes" are when you infringe upon the liberty of other beings, by definition. And minding your own business not harming anyone's liberty means that you are completely legal.

Carrying a gun does not harm liberty, in fact it can be seen to protect it.

It seems psychological to me to make people think that guns are bad and dangerous.
The criminals will ignore the restrictions anyway, and there's already laws against things like looting, killing, robbing.

I can't really see any practical sense in it. Unless it is a psychological attack on how people feel about guns anyway.

reply to post by Hillbilly123069


So when you may need the gun the most, they suspend your rights. lol

Well lets suspend purdue shall we. Vote em Out!

I've done some digging. The EO was signed a long time ago - it was challenged in court in 2010 and as far as I can tell was dismissed. The governor insisted in 2010 that that section didn't apply but then in December 2010 another declaration was made and the text of that one specifically 'granted' the transportation of firearms and alcohol so clearly it did apply back in September 2010.

Again, as far as I can tell as long as any NC declares a state of emergency the law on the books kicks in to effect and the transport of firearms is revoked unless otherwise granted by the governor. As Perdue just declared a state of emergency (and I cannot find the text of it) then this could very well be back in enforcement in the state of North Carolina.

Finding information about this has been difficult though.

Originally posted by thisguyrighthere
I recall them doing this recently in NC for a freak blizzard.

Seems it's some standard line in the states "emergency declaration" language so anytime the gov declares a state of emergency the 2nd is automatically suspended.

They also declared "marshall law" in Stokes County, North Carolina for an ice storm last winter. I lived in Stokes just about my whole life until recently. I've been through a lot of blizzards and storms but had never heard of "marshall law" until last year. I can understand why they had a curfew, the roads were bad, but I don't understand what people's gun rights had to do with anything.

reply to post by grey580

Personally having lived through every single hurricane since to come through miami since i was born. 72.
I've never been attacked.
I've certainly seen looting for sure.

Most of the time I've seen neighbors and others step up and be down right helpful to one another in times of emergency.

IMO this law is not constitutional for sure.
I would deputize anyone that had a concealed permit if they so wanted to help.

Well, sorry to hear about the looting, but is understandable if is actually people just scavenging to survive. Glad to hear you've come through well.

Is definitely refreshing to hear about people coming together to help each other in hard times instead of just turning on each other...I'm wondering if the news always just reports the dark side more actively and makes everything seem worse than it actually is...way too easy for me to get overly cynical anymore.

And definitely agreed on that last bit, friend. May you dodge any bad storms in the years to come.

Originally posted by hadriana
It seems psychological to me to make people think that guns are bad and dangerous.
The criminals will ignore the restrictions anyway, and there's already laws against things like looting, killing, robbing.

I can't really see any practical sense in it. Unless it is a psychological attack on how people feel about guns anyway.

I agree wholeheartedly.

This is definitely a psychological war.

The two sides, Liberty vs Tyranny.

And Tyranny controls all of our organizations, so it up to us, the individuals, to stand up against it and promote Liberty as it is legal and just.

The Truth will set us free, once we realize how it was lies and ideas that were enslaving us in the first place. Our chains are merely imaginary.

To free yourself, you must free your mind.

I'm LMAO with a mental picture of a dove hunter trying to shoot a dove in a hurricane with the little bird flying round and round in circles.

Only Dick Cheney would hunt in a hurricane. LMAO

If someone takes away a 'right' it means that they don't really believe that they are rights in the first place, because 'rights' are sacred and integral and you don't mess with that like it's someone's arm. You wouldn't take away someone's 'right' to have an arm - a literal ARM. So if we have the right to bare arms, that's what it means, we can have our arms and our guns.

Not all liberals are anti-gun. I'm pretty liberal but the constitution says what it does for a reason and I tend to think that it's guns and power tools that make us all equal these days anyway. I don't - and never have - seen gun laws as a right-left issue. I really wish people - on both sides - would quit trying to make it one.

This is the best article I can find on this:

Hurrican Irene Brings With is Unusual NC State of Emergency

Gov. Perdue invoked the State of Emergency using both sections of the General Statues that deal with emergency management and states of emergency.
Section 7.

This order is adopted pursuant to my powers under Article 1 of Chapter 166A of the General Statutes and under Article 36A of Chapter 14 of the General Statutes. It does not trigger the limitations on weapons in G.S. § 14-288.7 or impose any limitation on the consumption, transportation, sale or purchase of alcoholic beverages.

The executive order number is 103 and does not include the text remedying this issue of banning the transport or use of firearms.

The Katrina examples used are more the exception to the rule. I think that some out of state Guard units and/or state police were pulling that in a few isolated instances. There were several examples of people grouping up in their own neighborhoods and arming themselves and acting as "police" of their own neighborhood.

In 1 case, the neighborhood "militia" might have gotten too overzealous in Algiers and started shooting at anyone who "didn't belong". The problem is that in Katrina, you had people walking around looking for family and friends in neighborhoods they might not otherwise have gone to very often. Also people passing through en route to a pick up point to get the h out of there in a gov't bus. So there are 2 sides.

My position on it, though, is that gun rights should be protected. But If you are walking down the street packing, you have to be understanding of the cops/Guardsmen position on it. Always be respectful, if you have a permit, let them know immediately. If NC is an open carry state, be aware that cops/Guardsmen are endangering their lives and that they have to assume you are at least a potential threat until you prove otherwise.
ALso, due to EMAC agreements b/n states, you will likely have out of state Guardsmen who are less familair with local ways, laws, and manners. Just be aware of this an you'll likely be ok.

If not evacuating, best bet is to stay home and avoid trouble. Keep your guns there for protection but don't bring any unneccesary heat on yourself just because you want to assert your rights. Maintain a low profile. Leave others alone unless they need help.

Be careful. Be respectful. Be vigilante. Empathize with the other people in the predicament, authorities included.

Executive Order 103

PROCLAMATION OF A STATE OF EMERGENCY
BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA

Pursuant to the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina:

Section 1.
I declare that a state of emergency exists in the following counties in North Carolina due to the approach of Hurricane Irene:
Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Gates, Greene, Halifax, Harnett, Hertford, Hyde, Johnston, Jones, Lenoir, Martin, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Robeson, Sampson, Tyrrell, Washington, Wayne, Wilson
Section 2.
I order all state and local government entities and agencies to cooperate in the implementation of the provisions of this proclamation and the provisions of the North Carolina Emergency Operations Plan.
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 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.
Section 4.
Further, Secretary Young, as chief coordinating officer for the State of North Carolina, shall exercise the powers prescribed in G. S.§ 143B-476.
Section 5.
I further direct Secretary Young to seek assistance from any and all agencies of the United States Government as may be needed to meet the emergency and seek reimbursement for costs incurred by the State in responding to this emergency.
Section 6.
I hereby order this proclamation: (a) to be distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; (b) unless the circumstances of the state of emergency prevent or impede, to be promptly filed with the Secretary of Crime Control and Public Safety, the Secretary of State, and the clerks of superior court in the counties to which it applies; and (c) to be distributed to others as necessary to assure proper implementation of this proclamation.
Section 7.
This order is adopted pursuant to my powers under Article 1 of Chapter 166A of the General Statutes and under Article 36A of Chapter 14 of the General Statutes. It does not trigger the limitations on weapons in G.S. § 14-288.7 or impose any limitation on the consumption, transportation, sale or purchase of alcoholic beverages.
Section 8.
This Executive Order is effective immediately and shall remain in effect for thirty (30) days or the duration of the emergency, whichever is less.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this 24th day of August in the year of our Lord two thousand and eleven, and of the Independence of the United States of America the two hundred and thirty-sixth.

Originally posted by hadriana

Not all liberals are anti-gun. I'm pretty liberal but the constitution says what it does for a reason and I tend to think that it's guns and power tools that make us all equal these days anyway. I don't - and never have - seen gun laws as a right-left issue. I really wish people - on both sides - would quit trying to make it one.

Very well said.

I agree it is not a right-left issue.

It is clearly a Liberty - Tyranny issue.

All sides of any political debate would be wise to realize that the right to bear arms is essentially their own right to protect their own freedom and their life.

Without this fundamental right to self-determination, we would be little more than cattle being led off to the slaughter.

I have the language of the EO up above - as stated it does not disqualify the restriction of firearms (as they did in the recent declarations) so the restriction is in effect for those counties or portions of those counties. This was a BIG deal in 2010 so for her to specifically exclude the language which was added after the September debacle seems to be intentional.

Bad news for liberty but I still say ignore it. Better to be alive and ask for forgiveness than dead because you waited for permission.

The time when you possibly need one. The strom troopers will come and take them so you need top plan ahead

reply to post by muzzleflash


Actually the Supreme Court has ruled that Congress has the ability to regulate what arms are legal. You will notice that the second amendment does not say "the right to keep and bear any and all types of arms". The only thing it says is that you have the right to them.

We, in this country (USA) are not ready for our freedom yet.
We loathe it, we despise it, we abhor it, we resent it.
Now the people in Lybia.......looks like they are ready for their freedom.
Americans hate the very idea of freedom and all that it represents.
I wish I were wrong but, then again, if I were,in light of the suspension of the second amendment in N. Carolina, we would be seeing alot more on the news right now than just this damn hurricane.

Kinda makes you think, doesn't it.

Gun owners claim that they buy the guns to "protect themselves in the event of an emergency" but then as soon as an emergency hits, the state prohibits their use.

This was the same after Katrina. Private citizens were banned from using their handguns.

Right to bear arms should only extend to militia, not to private citizens. To have more guns than people in a country is absolutely assinine.