North Carolina governor suspends gun rights

[ronpaulhawaii]

http://www.examiner.com/gun-rights-in-charlotte/north-carolina-governor-suspends-gun-rights


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.

[Pericles]

Nothing good will come from this.

[Southron]

Dove season opens Saturday. Coincidence?

From GRNC:
"GRNC Alert 09-01-10:

Gov. Perdue's Order Suspends Rights of NC Gun Owners

HIS NAME IS EARL AND YOUR RIGHTS ARE NIL

With the approach of Hurricane Earl, the North Carolina state of
emergency statute (N.C. Gen. Stat. 14-288.7) has once again reared its
ugly head.

Gov. Perdue has declared a state of emergency for the entire state of North Carolina. As a result it is a Class.1 misdemeanor "for any person to transport or possess off his own
premises any dangerous weapon or substance."

There is no exception for
recreational shooting. There is no exception for hunting. There is no
exception for having a concealed carry permit. The prohibition applies
to all possession -- open carry, concealed carry and transportation in
a vehicle.

GUESS WHAT SATURDAY IS!

Anybody? That's right... Dove season opens Saturday at noon. Unless
Earl is well past NC and the SoE has been lifted (not likely), every
hunter who doesn't live in the dove field is a criminal."

[phill4paul]

Won't link me to "executive orders." Are the orders statewide or just in the affected areas?
Real important. If it is statewide I just may have to demand to be arrested by a police officer this weekend. In the foothills of Carolina.
I'm gonna have to talk to a lawyer friend of mine.

Is this statewide?

Interesting thought. WWGD?

What would GunnyFreedom do if it was a statewide ban?

[Danke]

What would GunnyFreedom do if ...

Same thing as Chuck Norris would do.

[oyarde]

What kind of Gov. is that ?

[BuddyRey]

What kind of Gov. is that ?

Bev Perdue. Worst tyrant the voters of North Carolina have unleashed on our civil liberties since Jesse Helms.

[Southron]

This would be a great time to have Glen Bradley in office and able to have a press release denouncing her actions.

Perhaps he could denounce it anyway on his website?

[rmodel65]

a sheriff here in Georgia(Oconee county) said if our governor declared a state of emergency he'd be handing out ammo in the parking lot of the sheriff office....


If our governor ordered that I would hand out ammunition to anyone who needed it in the parking lot of the jail...

[phill4paul]

///

[Pericles]

a sheriff here in Georgia(Oconee county) said if our governor declared a state of emergency he'd be handing out ammo in the parking lot of the sheriff office....

That is what I'm talking about. A sheriff who has the support of the community, and backs him up.

[rancher89]

http://www.wral.com/news/news_briefs/story/8233021/

"RALEIGH, N.C. — The start of North Carolina’s dove hunting season won’t be hindered by the state of emergency called by Gov. Beverly Perdue for Hurricane Earl.

Dove season begins at noon Saturday, but the state Wildlife Resources Commission said Thursday it had received calls from citizens concerned the emergency may prevent them from carrying a gun to and from their hunting locations. But the commission said Perdue’s executive order for Earl didn’t cite any such restrictions, so everything’s a go for Saturday.

The commission urged hunters at the coast to keep up with Earl to ensure safe conditions."





What this means, boys and girls, is that they are deciding NOT to enforce the laws on the books, for now.


Quoting our Gunny "Strictly speaking, Pat, the State Wildlife Resources Commission is in violation of State law. <snip> I have to add that we cannot rely on the 'good graces' of our officials to simply fail to pursue the law. This law must be fixed now. Once we settle on the fact that our fundamental rights are subject to the arbitrary whims of elected and appointed government officials, then we have lost, and may as well pack up and go home. Tyranny has won.

<snip> I just wanted to emphasize that just because some random official decided not to enforce the State Law at this time, doesn't mean we can drop our guard. If anything, this makes the problem MORE critical, as it will lead some people to believe "oh well, our government will do the right thing. We can trust them."

That is is exactly what we must NOT do!"


:D Gunny, he's the man! :D

[Toureg89]

american's memories seem to be quite short. katrina happened half a decade ago.

[Uriel999]

american's memories seem to be quite short. katrina happened half a decade ago.

No, those of us who own guns have not forgotten.

[Vessol]

Perdue is a fucking joke and a Statist to the core.

Earl was a joke too, but not even close to as bad as Perdue is.

I wonder how long this "State of Emergency" is.

[jclay2]

Yep, the bill of rights is just pieces of toilet paper to these tyrants. Another sad day in the United States indeed.

[anaconda]

Why is this fucking moron suspending the 2nd amendment because of a natural phenomena?

[osan]

Why is this fucking moron suspending the 2nd amendment because of a natural phenomena?

Because she can?

[rancher89]

Far as I know the ban and/or the state of emergency has not been lifted..just checked the website,

http://www.governor.state.nc.us/NewsItems/ExecutiveOrderDetail.aspx?newsItemID=1328

Section 7.
This Executive Order is effective immediately and shall remain in effect for thirty (30) days or the duration of the emergency, whichever is less.

[rancher89]

Here's an update:

http://www.examiner.com/gun-rights-in-charlotte/governor-perdue-is-wrong-about-north-carolina-state-of-emergency


Is Governor Perdue lying about North Carolina State of Emergency?

Paul Valone
Charlotte Gun Rights Examiner

Since North Carolina Governor Beverly Perdue signed Executive Order 62, declaring a State of Emergency in the face of Hurricane Earl, a debate has ensued over whether N.C.G.S. 14-288.7, which restricts transportation of “dangerous weapons” – including firearms – applies to the many thousands of concealed handgun permit-holders, sport shooters and hunters who appear to be in violation of state law.

Both the office of the governor and the North Carolina Wildlife Resources Commission have issued proclamations that EO 62 does not restrict lawful gun owners and hunters. Unfortunately, both Governor Perdue and the WRC are not only wrong, but by all apearances, willfully wrong. And below you will find out why.

Perdue faces a monumental problem: To get FEMA aid in response to the hurricane, she must declare a State of Emergency. Yet G.S. 14-288.7 is quite clear that under a SoE, no one but law enforcement officers and the military, during commission of their duties, may transport firearms away from his or her “premises.”

Worse, the governor’s party, under the direction of House Majority Leader Hugh Holliman, had no less than two opportunities when the legislature was in session to rectify the problem. Both HB 257 and HB 2031 removed the restriction on carriage of firearms during a SoE. HB 2031, in fact, was introduced after the problem became known when King, NC banned guns and ammunition in response to an impending snowstorm.

Then there is the pending litigation over exactly this issue, Bateman et al v. Perdue et al, of which my organization, Grass Roots North Carolina is a plaintiff.

Unfortunately, instead of admitting the problem and vowing to resolve it, Gov. Perdue is conducting a disinformation campaign to get people to believe it doesn’t exist. And in replying to constituents, the governor’s office has begun applying what can only be described as “big lie theory” as they have begun to carefully misstate the contents of EO 62.

SAYS THE GOVERNOR’S OFFICE:

“…After checking with legal counsel, we are pleased to inform you that the current state of emergency was written in such a way that the rights of NC gun owners are not infringed upon. However, local authorities still have the authority to establish states of emergency within their jurisdictions that may impact your right to carry weapons.

“Dove season will open as scheduled on Sept. 4. The Commission’s general counsel has advised that there is no legal impediment to hunting during the current state of emergency.”

THE TRUTH:

Says Grass Roots North Carolina’s Director of Legal Research, Ed Green:

“On Sept. 1, 2010, Governor Perdue issued Executive Order No. 62 declaring ‘that a state of emergency exists in the State due to the approach of Hurricane Earl.’ Nothing in EO 62 mentions gun owners or the possession of guns in any way. Nothing in EO 62 purports to suspend the operation of any
NC law.

“NCGS § 14-288.7 clearly and unambiguously forbids the possession of any firearm off one's premises during any declared State of Emergency, with exceptions only for law enforcement and military in the course of their duties. Under NC law, whenever a State of Emergency is declared, no citizen
may possess any gun outside of their home.

“Even if EO 62 were worded (or amended) to expressly permit the possession of firearms, the governor has no constitutional or statutory authority to suspend the effect or enforcement of a valid NC criminal law. Once she declared a State of Emergency, Gov. Perdue legally disarmed all NC civilians outside their own homes, including the thousands of otherwise legally licensed hunters expected to take to the fields for the opening of Dove season at noon Saturday.”

SAYS THE GOVERNOR’S OFFICE:

“The EO only delegated the power and authority to the Secretary of Crime Control and Public Safety necessary to implement the State's Emergency Operation Plan. The EO was written in this way mindful of the current lawsuit related to GS. 14-288.7. Implementation of the State's Emergency Operation Plan does not require that G.S. 14-288.7 be enforced.”

THE TRUTH:

From counsel Ed Green:

“EO 62 was NOT written mindful of Gura's lawsuit. The language delegating authority "for the purpose of implementing the State Emergency Operation Plan" is IDENTICAL to language in EO 7 (1/20/09), EO 27 (10/28/09), EO 30 (11/16/09), and EO 47 (1/30/10), all declaring states of emergency (mostly for snow). See http://www.governor09.nc.gov/NewsItems/ExecutiveOrderList.aspx”

Moreeover, EO 62 does not say merely that “the State’s Emergency Operation Plan” is being implemented, it says:

“EXECUTIVE ORDER NO.62
PROCLAMATION OF A STATE OF EMERGENCY
BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA
DUE TO HURRICANE EARL”

Meanwhile, G.S. 14-288.7 says: “it is unlawful for any person to transport or possess off his own premises any dangerous weapon or substance in any area…[i]n which a declared state of emergency exists…”

BIG LIE THEORY IN PRACTICE

The most bald-faced lie told by the governor, however, is this:

“You have asked whether G.S. 14-288.7 applies to the state of emergency declared in Executive Order 62 due to Hurricane Earl. Executive Order 62 was issued pursuant to the Governor’s authority under the North Carolina Emergency Management Act, Chapter 166A of the General Statutes and not pursuant to her authority under Article 36A of Chapter 14 of the General Statutes. [Emphasis added]

“Executive Order 62 did not trigger the provisions of G.S. 14-288.7, and there was never any intention by the issuance of Executive Order 62 to restrict the transportation or possession of off-premises firearms. "

THE TRUTH

Now contrast that with Section 3 of EO 62, the declaration of State of Emergency, which clearly contains what they claim is not there:

“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 and Article 36A of Chapter 14 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.” [Emphasis added]

That would be the same Article 36 A, Chapter 14 which contains the definition of “state of emergency,” the definition of “dangerous weapon” to include firearms and, yes, G.S. 14-288.7, the ban on transporting dangerous weapons during states of emergency.

FROM THE ATTORNEY GENERAL:

But don’t take my word for it. Ask NC Attorney General Roy Cooper who, together with gun law expert John J. Aldridge III, wrote a 46-page tome entitled “North Carolina Firearms Laws,” in which they say:

“It is also a misdemeanor under North Carolina law for a person to transport or possess, off his or her own premises, a dangerous weapon in an area during a declared state of emergency, or in the vicinity of a riot. N.C. Gen. Stat. § 14-288.7 A concealed handgun permit does not allow a permittee to carry a weapon in these areas. N.C. Gen. Stat. § 14-415.11(c)”

THE HOLLIMAN / PERDUE GUN BAN

If the Holliman/Perdue gun ban contained in EO 62 continues to be in effect on Saturday, when North Carolina dove season opens, thousands of hunters will be guilty of a Class 1 misdemeanor, punishable by up to 120 days in jail. Short of rescinding EO 62, nothing Perdue or anyone else can do will change that.

It would be politically untenable for the state to prosecute any of these people, of course. But in living under the shadow of selective prosecution, North Carolina gun owners now exist at the convenience and on the good graces of Queen Beverly, who has taken your right to bear arms, and turned it into a privilege.

[phill4paul]

I did get a message back form the GOA in less then 24hrs. Sorry I didn't post it in a timely fashion...


Phill (4Paul)
09/02 19:41 Gov. Bev Perdue has declared a "state of emergency" in the path of Hurricane Earl.

Can you tell the people of the implications of denying firearm protection in the middle of an emergency?

The N.R.A. will not say anything. Step up and take the lead


Robert Duggar
09/03 07:24 Thank you for the note.

We have fixed this problem at the federal level – no federal official can do this or they can be personally sued.

This has also been fixed in several states by amending the state statutes to forbids such action. According to NC 14-288.1(10) and NC 14-288.7, it is illegal to carry off premises when a state of emergency had been declared. This emergency can be declared down to the mayoral level.. What is interesting about 14-288.1(10) is that it essentially says that when the state unable to protect you; you are forbidden to protect yourself.

I think Grass Roots North Carolina and Mr. Guru now have a suit pending in court about this type of situation.

You should contact your representative and encourage him to amend this law.

I have forward your request to my supervisor.



FEDERAL LAW:
From a Larry Pratt interview in 2008 - for full interview see this link: gunowners.org/op0823.htm

...Larry Pratt:
Disasters and emergencies are historically opportunities for government to aggrandize and grab power, usurp power, get power illegitimately. After Katrina, the Internet made a big difference in what followed.

There were two, at least two news clips, that were put out on video over the Internet and Gun Owners of America was able to capture them. And they are still on our website.

You can see guns being confiscated from peaceful citizens in the aftermath of Katrina, after the rain, after the water was even subsiding. What the people were doing was guarding their properties so they wouldn't be subject to looters coming through vacant homes. This was so outrageous, to look at it was to put you on the edge of your chair to say the least.

In Louisiana, a gentleman who I hope is going to be coming to Congress this year, State Senator (then Representative) Steve Scalise, put in a bill making it illegal for law enforcement to grab people's guns, unless like any other circumstance they were committing some kind of crime that you would arrest them and take their gun. But if they are walking down the street with their gun, or sitting on their front porch with their gun, leave them alone.

When Scalise introduced the bill, the anti-gunners began to grumble, "this is putting police officers in danger" and "they've got to have this discretion." He showed our two video clips on his laptop in a committee meeting and all the wind went out of the sails of the anti-gunners. It was just too graphic.

An even better law passed, thanks to Louisiana Senator David Vitter and Representative, now Governor, Bobby Jindal, it's now federal law says that any federal law enforcement who grabs somebody's gun during one of these circumstances from a peaceful citizen, it's illegal. But, we're not going to worry about them being prosecuted because we know that's not likely to happen, but they will be open to being sued personally. They will have to defend themselves personally, and if they lose they will have to pay personally. We think that is an effective way of controlling out-of-control police.

The New American:
Is this a Louisiana law or a federal law?

Larry Pratt:
This is a U.S. federal law, so that FBI, BATFE agents, well there's probably 25 agencies that have SWAT teams and gun toters, any of them that confiscate a gun from a peaceful citizen is opening himself up to a devastating lawsuit that could take everything he owns. It gets real personal...

North Carolina law should do the same.

Best wishes

[rancher89]

http://northdurhamgop.com/ndgop/2010/09/04/2nd-amendment-rights-are-gone-in-nc/


Update – Tuesday Sept. 7, 2010 @ 10:40am EDT Update: We have just received word, via telephone, from North Carolina Governor Beverly E. Perdue’s office that the Declared “State of Emergency” has been Rescinded as of midnight on Sept. 4, 2010. We here at NDGOP also requested the official document. We were informed that there is no official document at this time. We also inquired as to when said document would be released. The staffer, Alania, replied “Sometime this week.”