September 3rd, 2010

North Carolina governor suspends gun rights

By: Paul Valone – Gun Rights Examiner

State of emergency order makes criminals of concealed handgun permit-holders, sport shooters and hunters.

[Raleigh] Yesterday, North Carolina Governor Beverly Perdue signed Executive Order No. 62, declaring a State of Emergency in advance of Hurricane Earle. In doing so, Perdue suspended the right of state residents to use or carry firearms outside their premises.

At issue is N.C. General Statute 14-288.7, which prohibits transporting a “dangerous weapon” during a state of emergency:

§ 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. 14 269 with respect to any activities lawfully engaged in while carrying out their duties.
(c) Any person who violates any provision of this section is guilty of a Class 1 misdemeanor. (1969, c. 869, s. 1; 1993, c. 539, s. 192; 1994, Ex. Sess., c. 24, s. 14(c).)

According to § 14 288.1 (10), a state of emergency exists “whenever, during times of public crisis, disaster, rioting, catastrophe, or similar public emergency, public safety authorities are unable to maintain public order or afford adequate protection for lives or property, or whenever the occurrence of any such condition is imminent.”

Violation of the order is a Class I misdemeanor, punishable by up to 120 days in jail. Those impacted include concealed handgun permit-holders, sport-shooters, and anyone else carrying a firearm outside their home or business. Critics note that dove-hunting season begins on Saturday (September 4), potentially making criminals of thousands of hunters.

NC DEMOCRATS REFUSE TO RECTIFY PROBLEM

In recent years, two North Carolina bills could have prevented infringement on individual rights under state of emergency laws. Under Section 3 of House Bill 257: “No Seizure of Lawful Firearms in Emergency,” sponsored by Rep. George Cleveland (R-Onslow) and three other legislators, lawfully possessed firearms and ammunition would have been exempted from the state of emergency law.

Despite support from the state’s primary gun group, Grass Roots North Carolina*, and others the bill died when it was denied a committee hearing by Democrat leadership, including Speaker Joe Hackney (D-Chatham, Moore, Orange) House Majority Leader Hugh Holliman (D-Davidson) and Judiciary Committee Chairman Representative Ronnie Sutton (D-Robeson).

The issue became more urgent in February, when the town of King declared a state of emergency in response to an impending snowstorm and posted the entire town against the sale and purchase of firearms and ammunition.

In response, GRNC worked with Rep. Mark Hilton (R-Catawba) to revamp the bill and introduce it again, with stronger language on the state of emergency issue, during the second year of the legislature’s two-year session as HB 2031. Referred to the House Judiciary I Committee, chaired by anti-gun Rep. Deborah Ross, that bill too died when Democrats denied it a hearing.

LAWSUIT PENDING ON STATE OF EMERGENCY LAW

Ironically, in June GRNC joined Michael Bateman, Virgil Green, Forrest Minges, Jr., and the Second Amendment Foundation in a lawsuit against the state’s emergency powers gun ban.

Named in the suit are North Carolina Gov. Beverly Perdue; Reuben Young, secretary of the Department of Crime Control and Public Safety; Stokes County and the City of King.

Filed in U.S. District Court for the Eastern District of North Carolina, the official title is Bateman et al v. Perdue et al, Case No. 5:10-cv-265. It contends that state statutes forbidding carrying of firearms and ammunition during declared states of emergency, as well as laws enabling government officials to prohibit purchase, sale and possession of firearms and ammunition are unconstitutional because they forbid the exercise of Second Amendment rights as affirmed by the Supreme Court ruling in McDonald v. Chicago.

Plaintiffs are represented by attorney Alan Gura, who won the recent McDonald v. Chicago Second Amendment case and the landmark D.C. v. Heller case preceding it. Local counsel includes Andrew Tripp and Kearns Davis of Brooks, Pierce, McLendon, Humphrey & Leonard, LLC.

After GRNC issued an alert to its members, word of the implications of Perdue’s order spread on the Internet, including being featured on thetruthaboutguns.com. It is widely anticipated that the order will add impetus to the Bateman lawsuit.

*Author F. Paul Valone is president and a co-founder of Grass Roots North Carolina.

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27 Responses to “North Carolina governor suspends gun rights”

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1
Mountain Rifleman Says:
September 3rd, 2010 at 6:29 pm
Governor abolishes the Second Amendment. What a state, what a governor.

Mountain rifleman
2
BrockTownsend Says:
September 3rd, 2010 at 6:43 pm
As soon as I saw this yesterday, I immediately went shopping CCW as I always do, and from what I understand, many ignored this unconstitutional edit and shall continue to do so.
3
Buck Turgidson Says:
September 3rd, 2010 at 7:48 pm
Heck, Brock, you go to WalMart these days, you NEED a gun …
4
Richard C Wagener Says:
September 3rd, 2010 at 7:53 pm
All Dems once again. Send them packing in November.
5
anonymous 1 Says:
September 4th, 2010 at 3:26 pm
“Send them packing in November.”

I agree!

But the choice for me can’t be the Republicans,
who negated the Posse Comitatus Act in New Orleans, hearded the citizens into a stadium, and confiscated the guns of law-abiding citizens.

The two choice, One Party system, won’t do for me. The One Party got us into the mess that we are in. And then we have that great war hero(?), John McCain, who didn’t stand by the American Vietnam POW/MIAs, and who is one of the most pro-open borders Senators in the US Senate. He is progun and The American Rifle Assoication, of which I am a Life Member, endored him. I “vote” pro-gun, but the Second Amendment is not the entire Bill of Rights.

The best to all OK who “DEFEND THE CONSTITUTION” in its entirety.
6
CorbinKale Says:
September 5th, 2010 at 7:07 pm
The Constitutional Republic has been postponed, due to inclement weather.

Anon1, you are right that a political party is not the answer. Republicans will not save us from the Democrats. They are two sides of the same unconstitutional coin.

Buck, good to see you hangin’ in there.
7
Troy Green Says:
September 6th, 2010 at 11:03 am
Unconstitutional laws are past, and citizens suffer at the hands of uneducated, or just, none caring Law enforcement officers. I think the courts are not innocent as to the crimes that they inflict.

So what do Oath Keepers do with these victims, of unconstitutional acts? Real oath Keepers would not further punish, in support of these violations. Would not doing so, make them no less guilty?

May all true Oath keepers, stand with the Constitution 100%

Dues paying member. Not welcome at site.
8
C. Cope Says:
September 6th, 2010 at 1:58 pm
I thought for sure I would find some comments here about this from some of the N.C. Chapter LEO’s.

Of course, I should have known better.
9
CorbinKale Says:
September 6th, 2010 at 5:02 pm
C. Cope,

This is being discussed in the member forums. The NC Chapter Peace Officers will not be likely to speak out publicly against this law. They simply won’t enforce it. Oath Keepers is not about taking aggressive action, or making threats. We simply refuse to obey inconstitutional, unlawful orders, in accordance with our Oaths.

Would you rather the Oath Keeper Peace Officers remain on the streets, protecting your civil Rights, or on desk duty as retaliation for speaking out? Think it through, man.
10
anonymous 1 Says:
September 7th, 2010 at 6:53 pm
To my fellow OK:

Oath Keepers is an association of individuals who have sworn to support and defend the “entire” Constitution.

It is imperative that all OK completely know and understand the “entire” Constitution, what we have sworn to support and defend, if we are to be true to our oath. There is nothing narrow about the Constitution. It is the supreme law of the United StateS of America. We as OK do not have the option of only supporting and upholding part of the Constitution. We are “obligated” to support and defend the “entire” Constitution.

The best regards to all OK who “DEFEND THE CONSTITUTION,” the entire Constitution.

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Click here to read full length version. 1. We will NOT obey orders to disarm the American people. 2. We will NOT obey orders to conduct warrantless searches of the American people 3. We will NOT obey orders to detain American citizens as “unlawful enemy combatants” or to subject them to military tribunal. 4. We will NOT obey orders to impose martial law or a “state of emergency” on a state. 5. We will NOT obey orders to invade and subjugate any state that asserts its sovereignty. 6. We will NOT obey any order to blockade American cities, thus turning them into giant concentration camps. 7. We will NOT obey any order to force American citizens into any form of detention camps under any pretext. 8. We will NOT obey orders to assist or support the use of any foreign troops on U.S. soil against the American people to “keep the peace” or to “maintain control." 9. We will NOT obey any orders to confiscate the property of the American people, including food and other essential supplies. 10.We will NOT obey any orders which infringe on the right of the people to free speech, to peaceably assemble, and to petition their government for a redress of grievances.
Click here to read full length version.

OATH KEEPERS: ORDERS WE WILL NOT OBEY

Click here to read full length version.

1. We will NOT obey orders to disarm the American people.

2. We will NOT obey orders to conduct warrantless searches of the American people

3. We will NOT obey orders to detain American citizens as “unlawful enemy combatants” or to subject them to military tribunal.

4. We will NOT obey orders to impose martial law or a “state of emergency” on a state.

5. We will NOT obey orders to invade and subjugate any state that asserts its sovereignty.

6. We will NOT obey any order to blockade American cities, thus turning them into giant concentration camps.

7. We will NOT obey any order to force American citizens into any form of detention camps under any pretext.

8. We will NOT obey orders to assist or support the use of any foreign troops on U.S. soil against the American people to “keep the peace” or to “maintain control."

9. We will NOT obey any orders to confiscate the property of the American people, including food and other essential supplies.

10.We will NOT obey any orders which infringe on the right of the people to free speech, to peaceably assemble, and to petition their government for a redress of grievances.

Click here to read full length version.

Founder Stewart Rhodes

He is a former firearms instructor and former member of Rep. Ron Paul’s DC staff.

Stewart previously wrote the monthly Enemy at the Gates column for S.W.A.T. Magazine

Stewart graduated from Yale Law School in 2004, where his paper “Solving the Puzzle of Enemy Combatant Status” won Yale’s Miller prize for best paper on the Bill of Rights. He assisted teaching U.S. military history at Yale, was a Yale Research Scholar, and is writing a book on the dangers of applying the laws of war to the American people.