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View Full Version : Blizzard Used as Pretext to Nix Second Amendment


1stLineGear
12-30-2010, 7:06 PM
Since Katrina I thought there was a federal law prohibiting this kind of thing?


http://www.moonbattery.com/archives/2010/12/blizzard-used-a.html


Blizzard Used as Pretext to Nix Second Amendment
Posted by Van Helsing at December 30, 2010 9:26 AM

No matter what happens, the liberal establishment will blame it on global warming and use it as an excuse to deprive us of our Constitutional rights. Katrina is one case in point. The East Coast blizzard is another:

The recent blizzard that hammered North Carolina is also taking its toll on the state's law abiding gun owners. Citizens possessing concealed carry permits who are caught packing heat during the "state of emergency" will be subject to criminal charges, per the state's firearms law.
On Christmas Day, Lt. Governor Walter Dalton, in consultation with Governor Bev Perdue, called in the National Guard as snow covered every county in the state. Once a state of emergency is declared, concealed carry permits become null and void, and those who aren't familiar with this bizarre stipulation in the law are subject to arrest and criminal prosecution.
That is, law-abiding citizens are forbidden from carrying defensive weapons whenever a situation arises that might make them particularly likely to need them. Criminals as always will be unencumbered by this absurd law, because firearms restrictions do no apply to them, as evidenced by the many shootings that occur in "gun-free" zones.

On a tip from AC.

USMC VET
12-30-2010, 7:12 PM
The people who took the time to get their ccw and carry lawfully the other time of the year without anyone knowing won't be a blip on the radar just because of the state of emergency.

wildhawker
12-30-2010, 7:13 PM
What a joke of an article.

SAF/Gura has already filed a case in NC challenging the law as unconstitutional.

Dutch3
12-30-2010, 7:15 PM
What of the citizens who are unaware a state of emergency has been declared? It might be difficult to be notified of such a declaration if one has no power, radio, TV, etc.

dustoff31
12-30-2010, 7:15 PM
I believe they are already being sued by Gura over this as a result of the last time it was implemented.

I believe the firearms prohibition is simply a part of the emergency declaration law and not a seperate statute being invoked. Not that it matters. It's just not a straight out assault on the 2A as such.

ke6guj
12-30-2010, 7:16 PM
What a joke of an article.

SAF/Gura has already filed a case in NC challenging the law as unconstitutional.

I believe they are already being sued by Gura over this as a result of the last time it was implemented.

I believe the firearms prohibition is simply a part of the emergency declaration law and not a seperate statute being invoked. Not that it matters. It's just not a straight out assault on the 2A as such.

yup, http://www.calguns.net/calgunforum/showthread.php?t=316638

beetle
12-30-2010, 7:22 PM
it seems to me that you would want to be carrying during a "state of emergency". It's when things are bad that people forget the rules of civilization.

JohanD
12-30-2010, 7:27 PM
it seems to me that you would want to be carrying during a "state of emergency". It's when things are bad that people forget the rules of civilization.

Exactly.

Sort of like, hey the boat is sinking, everyone throw their life vests overboard!

SVT-40
12-30-2010, 7:52 PM
That's just plain dumb.

Uriah02
12-30-2010, 7:55 PM
Exactly.

Sort of like, hey the boat is sinking, everyone throw their life vests overboard!

How's that bad idea? That way we HAVE to depend on someone to rescue us. :chris:

Gray Peterson
12-30-2010, 8:17 PM
Btw, this is false:

Only Guns and Money (http://onlygunsandmoney.blogspot.com/2010/12/update-on-ncs-state-of-emergency.html)

Where this order declaring a State of Emergency gets interesting is that it is declared pursuant to the powers vested in the Governor under N.C. General Statutes Article 1 of Chapter 166A. This is the North Carolina Emergency Management Act of 1977. An emergency declared in this manner does not trigger the prohibition on the off-premises possession of firearms and ammunition unlike NCGS 14 288.15.

The Executive Order makes specific note that:
This order is adopted pursuant to my powers under Article 1 of Chapter 166A of the General Statutes and not under my authority 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 previous six States of Emergency declared by Governor Perdue were pursuant to both Chapter 166A (Emergency Management Act) and Article 36A (NCGS 14 288.15). The latter is what triggers the ban on firearms off-premises.

yellowfin
12-30-2010, 9:33 PM
Change in weather is actually only slightly less ridiculous than denying someone carry rights for changing what county they live in within the same state.

uyoga
12-31-2010, 7:30 AM
In any case, NO state of emergency should deny law abiding citizens their right to keep and bear arms - no matter under which enabling statute the state of emergency was declared.