It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Some features of ATS will be disabled while you continue to use an ad-blocker.
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.
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)