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Federal Judge: Citizens Can Buy Guns and Ammo During State of Emergency

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posted on Apr, 2 2012 @ 02:40 PM
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Federal Judge: Citizens Can Buy Guns and Ammo During State of Emergency


Senior U.S. District Judge Malcolm J. Howard,
U.S. District Court for the Eastern District of North Carolina
has ruled that that state law cannot create a ban on buying guns and ammunition
during emergencies !!

A bit technical, but ....
it might make a difference when push comes to shove.


Breitbart

Governor Bev Perdue of North Carolina made a controversial decision when the state was devastated by storms in winter of 2010: she declared a state of emergency. That declaration was quickly followed by one from the city of King, which banned possession of alcohol and guns outside the home.

Now a federal judge has ruled that state law cannot create a ban on buying guns and ammunition during emergency situations. "While the bans imposed … may be limited in duration, it cannot be overlooked that the statutes strip peaceable, law-abiding citizens of the right to arm themselves in defense of hearth and home, striking at the very core of the Second Amendment," Senior U.S. District Judge Malcolm J. Howard wrote in his order.

This is a victory for the Second Amendment at a time when the Second Amendment is under direct assault from Democrats across the country. Within the last two days, both former President Clinton and Vice President Joe Biden have used the Trayvon Martin case as an excuse to reintroduce the gun control issue. They ignore, however, that the Second Amendment is a real and vital part of the Constitution, and cannot be overruled by statute. Judge Howard’s ruling should remind them of that inconvenient fact.

Federal Judge: Citizens Can Buy Guns and Ammo During State of Emergency




posted on Apr, 2 2012 @ 02:45 PM
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Emergency does not increase granted power or remove or diminish the restrictions imposed upon power granted or reserved. The Constitution was adopted in a period of grave emergency. Its grants of power to the federal government and its limitations of the power of the States were determined in the light of emergency, and they are not altered by emergency. – U.S. Supreme Court, Home Building & Loan Association v. Blaisdell, 290 U.S. 398 (1934)



posted on Apr, 2 2012 @ 03:03 PM
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It's refreshing to see good news for freedom after what seems to be a day of more and greater bad news for it. Thank you for sharing. I have a little more hope for this going-crazy country, than I did moments ago.



posted on Apr, 2 2012 @ 05:18 PM
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Perhaps this judge knows more than we do. I just love foreshadowing


In all seriousness though, Hurricane season is right around the corner, June 1, and even though the "experts" are predicting a calm season I am feeling otherwise given the lull in the 2011 season with really only one major storm, Irene.

Best to be prepared!! Good news for the Second Amendment.



posted on Apr, 2 2012 @ 08:47 PM
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I really hate to be a pessimist, I really do.
But ruling or no ruling,
try to explain that to the well armed LEO and NG, who have their ma-deuce's trained on you while you try to make a purchase.

Later, after the fact, a court will find that they were not within their rights, but so what.



posted on Apr, 2 2012 @ 10:04 PM
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reply to post by xuenchen
 


Another affirmation by the courts... Good deal... Now all we need is for the ruling to be challenged all the way to the US Supreme Court in order to apply it to all States.

For those who didnt follow through with the Hurricane Katrina incidents -
Law Enforcement went door to door to collect guns. They managed to lose / misplace a bunch and byt the time it was done and overwith, it ended up in court. The Supreme court ruled law enforcement cannot collect guns from individuals, 2nd amendment violation, and New Orleans was forced to return or pay to replace all the guns they collected.

2 for 2 so far...

reply to post by Oaktree
 

In situations where its so extreme that a state of emergency is declared, law enforcement will have more important things to do and worry about.
edit on 2-4-2012 by Xcathdra because: (no reason given)

edit on 2-4-2012 by Xcathdra because: (no reason given)



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