Suspension of the constitution in NC

[wicked-fast]

http://www.wxii12.com/news/22487153/detail.html

KING, N.C. -- Authorities lifted a curfew and alcohol restrictions in King on Sunday, but said a state of emergency declaration remained in effect until Monday.

Authorities said the state of emergency declaration would continue until Monday 9 a.m., barring any unforeseen circumstances or severe changes.

Effective Sunday afternoon, alcohol restrictions and a curfew were lifted. All other remaining restrictions would continue until Monday, said Paula May, King police chief.

Other restrictions include a ban on the sale or purchase of any type of firearm, ammunition, explosive or any possession of such items off a person's own premises.

Also on Sunday, the emergency shelter established by the American red Cross at West Stokes High School was closed.

"We appreciate the support and cooperation of everyone with our efforts to keep the citizens of King safe," May said.

The state of emergency was declared Friday due to severe weather.

[sigking]

Was this from the snow or rain. Boy it must have been bad up there. Just shows that if you don't have your weapons/ammo before you need them, then you will not be getting them. I guess that is to keep people from taking advantage of bad situations.

[NCXD40]

I don't understand how things were so bad just right up the road. No ice at all where I am over the weekend.

[MyNewNCHome]

Yea, we had a gunshow....guess someone forgot to tell the vendors and all the people buying....

[intrepid953]

sure we had a lot of snow and ice and there were trees and power lines down and power outages. But no more than anywhere else in this area. I think the great mayor and powers that be in the big city of King jumped the gun. There was no real reason that I saw for such. There wasn't any indication that there were crowds in the street looting or anything to warrant this. I live in King and it's about time to get some people in office that look after the people instead of the good ole boy stuff. The last election was a start and hopefully it will continue. I didn't really know about this til almost after the fact so I have had my pistol with me wherever I've been going unaware of the "restrictions". Guess it is good that I didn't get stopped. Hope that the people of King remember this when the next election comes around.

[Walt Sherrill]

We discussed this sort of thing earlier, in another message chain.

Local government leaders (mayors, etc.) can declare a state of emergency in their area of jurisdiction. If the Red Cross set up Emergency Shelters, and they were in use, it must have been a bit more difficult in King (or for some folks in that area) than around Winston-Salem. Lots of power outages around the area, though.

[wristtwister]

I sent Gov. Perdue an email months ago regarding the suspension of concealed carry permits during "states of emergency", and the answer I got back was, shall we say, less than fulfilling...

My original objection was that if I travel from South Carolina north of the border, I might well be arrested for simply running into a state where a "state of emergency" exists just like this case... for weather, and be deemed "illegal" for carrying my firearm. Unless they are going to post that information at the border, it's awfully hard to keep up with which states have decided that their status is in an "emergency" or not. I certainly don't get the North Carolina news here, and continue to see the same objections I had then today. The scenario at that time, however, was the drought... which seems to have solved itself.

North Carolina's legislature needs to revisit the CCW law up there, and either change the provision that suspends CWP's during emergencies, or produce an exemption for weather related states of emergency. In either case, my original objections have not been addressed, and I'm sure that the matter isn't high on the governor's list of "things to solve".

WT

[fxchief]

This is overstepping way to many boundaries. How does snow or any emergency have the right to prevent me from buying beer and ammo? And who has the authority to impose such a thing and take away these rights?

Whoever did this should not be in any office or have any power. If you live in this area, I would be screaming mad but don't throw yourself to the wolves. This may just be some kind of setup for what is to come.

http://www.wxii12.com/news/22487153/detail.html

Looks like Paula May - The police chief, has the power to ban alcohol and firearm sales in King, NC. Wonder how this is going to turn out. Its viral now.

[Walt Sherrill]

I wonder if this was done in response to some community activities/misbehavior, or whether it was a "pre-emptive" step.

The Mayor or his/her designees have the authority, under state law, to declare a state of emergency for their area of responsibility. I haven't seen, in the General Statutes, just what limits can be imposed.

.

[mekender]

The law is clearly unconstitutional but until someone is harmed by it, they will have no standing to actually challenge it in court. Basically you would have to be arrested for breaking that law in order to have any standing to take it to court to have it declared unconstitutional. Sadly that is the way that the courts in this country work.

[Walt Sherrill]

I asked this earlier -- where in the General Statutes does it say that CC rights are cancelled during a state of emergency?

The one citation given was directly related to riots and civil disorders, which arguably is not applicable for a weather-related SOE, or one having to do with fuel and transportation.

We know from reading the General Statutes (I cited them earlier) and from the King situation, that States of Emergency can be declared for a municipality, as can curfews, etc. The General Statutes make it clear that this is possible.

Governor Perdue has also declared a weather state of emergency for 15 counties in Western NC, but there seems to be no curfew in place, and no limitations on beer of ammo sales (as was done in King).

I think it's pretty obvious there are different types of states of emergencies, and they don't all have the same power, effect, or control over our lives.

[markwinfrey]

I live in King.This is the first I've heard about it.What happened?How do we get to the bottom of this?I want whoever is responsible for this to be removed from office.

[imatt]

Originally Posted by Walt Sherrill

I asked this earlier -- where in the General Statutes does it say that CC rights are cancelled during a state of emergency?

The one citation given was directly related to riots and civil disorders, which arguably is not applicable for a weather-related SOE, or one having to do with fuel and transportation.

We know from reading the General Statutes (I cited them earlier) and from the King situation, that States of Emergency can be declared for a municipality, as can curfews, etc. The General Statutes make it clear that this is possible.

Governor Perdue has also declared a weather state of emergency for 15 counties in Western NC, but there seems to be no curfew in place, and no limitations on beer of ammo sales (as was done in King).

I think it's pretty obvious there are different types of states of emergencies, and they don't all have the same power, effect, or control over our lives.

Really? This again? It said "State of Emergency" without specifying specific types of SOE.
That same statue you claim says nothing about weather SOE also doesn't differentiate between SOE's.

[rantingredneck]

duplicate threads merged.

[Cixelsyd]

Sorry about that RR. Didn't see this thread.


CHRIS

[Walt Sherrill]

Originally Posted by imatt

Really? This again? It said "State of Emergency" without specifying specific types of SOE.
That same statue you claim says nothing about weather SOE also doesn't differentiate between SOE's.

That's true. But the Governor announced a weather-related State of Emergency for 15 (or was it 17?) counties in the Western part of the state. The General Statutes say nothing about that type of SOE. The GSs also say nothing about a SOE being applied to one or more counties, or only to the state as a whole. It also says nothing about a SOE having to do with transportation fuel, but that one was announced, too, a few weeks ago. If it there can be only state-wide SOEs, why did the recent weeather-related SOE just apply to a limited number of counties in the Western part of the state? Apparently, state of emergencies can be limited by area as well as time -- but we don't see that in the GS, either.

For all we know, there are other rules in effect, created or approved by the legislature, that define States of Emergency that we don't know about. That's how it is with our income taxes, at the state and federal level: codes and regulations define how taxes are administered and collected, but they aren't part of the enabling legislation -- but are approved by our elected representatives.

We simply don't know what's going on here, and it may be more complicated than we realize. The State of Emergency in King was very specific, for King, and had some condition, including a curfew. It wasn't a state-level SOE. Apparently, the weather SOE for the western part of the state was done to make those areas eligible for federal aid.

It could be that what happened in King was perfectly legal but totally inappropriate. That's an issue for King residents and voters to decide.

I don't know the answer to our questions about this broader question about SOEs, but I think [it is probably NOT] as black/whilte as some fear.

.

[rantingredneck]

Originally Posted by Cixelsyd

Sorry about that RR. Didn't see this thread.


CHRIS

No problemo.

[chiefjason]

Here, applies to off premises. Your good to go on your own property, but we don't carry just on our own property now do we. Just another silly, outdated, likely jim crow era law still on the books.

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).)

[mekender]

Originally Posted by Walt Sherrill

I asked this earlier -- where in the General Statutes does it say that CC rights are cancelled during a state of emergency?

The one citation given was directly related to riots and civil disorders, which arguably is not applicable for a weather-related SOE, or one having to do with fuel and transportation.

We know from reading the General Statutes (I cited them earlier) and from the King situation, that States of Emergency can be declared for a municipality, as can curfews, etc. The General Statutes make it clear that this is possible.

Governor Perdue has also declared a weather state of emergency for 15 counties in Western NC, but there seems to be no curfew in place, and no limitations on beer of ammo sales (as was done in King).

I think it's pretty obvious there are different types of states of emergencies, and they don't all have the same power, effect, or control over our lives.

From the looking I did on this several months ago, the historical and legal definition of powers for the Governor allows him/her to "proclaim" a state of emergency. The individual sheriffs, mayors and police chiefs are the ones that usually have the power to "declare" a state of emergency.

Whether or not that wording makes any difference is for the lawyers to hash out.

The intent of this specific law was to allow cities to be shut down in cases of jail breaks, riots or areas of total devastation. I have often speculated that should a tornado hit and destroy my house, this law would make it illegal for me to take them to my nearest gun shop or to my buddy's house for temporary storage. I cannot fathom that this would be constitutional if challenge in court, the trick is you have to challenge it.

[Walt Sherrill]

Another interesting byproduct of the reading we've been doing...

Here's what the Attorney General's document says, talking about actions that could result in a misdemeanor conviction and the loss of the right to carry concealed:

5. Carrying weapons into assemblies and establishments where alcoholic beverages are
sold and/or consumed (N.C.G.S. § 14-269.3).

The General Statute says sold and consumed, not "and/or."

That's a big difference.

[mekender]

Originally Posted by Walt Sherrill

Another interesting byproduct of the reading we've been doing...

Here's what the Attorney General's document says, talking about actions that could result in a misdemeanor conviction and the loss of the right to carry concealed:

5. Carrying weapons into assemblies and establishments where alcoholic beverages are
sold and/or consumed (N.C.G.S. § 14-269.3).

The General Statute says sold and consumed, not "and/or."

That's a big difference.

There are several places where the AG's opinion does not match up with state law in that document.

[hawk962]

Quite a few states made changes to their statutes after the confiscation of guns in New Orleans to ensure things like that didn't repeat in their locales. I know Tennesse, Missouri, and New Hampshire changes were made specifically to keep this type of thing from taking place.

[Shellshock1918]

Originally Posted by sigking

Was this from the snow or rain. Boy it must have been bad up there. Just shows that if you don't have your weapons/ammo before you need them, then you will not be getting them. I guess that is to keep people from taking advantage of bad situations.

WHAT?

Are you that conditioned to believe that the government has the right to suspend your rights whenever it chooses?


This just goes to show you that all governments are the same; they seek to expand power.

[mekender]

Originally Posted by Shellshock1918

WHAT?

Are you that conditioned to believe that the government has the right to suspend your rights whenever it chooses?


This just goes to show you that all governments are the same; they seek to expand power.

They may not legally have that right. But they will damn sure take it and enforce their taking of it at gun point if need be.

[hawk962]

WHAT?

Are you that conditioned to believe that the government has the right to suspend your rights whenever it chooses?


This just goes to show you that all governments are the same; they seek to expand power.

They may not legally have that right. But they will damn sure take it and enforce their taking of it at gun point if need be.

Whew, thanks for responding! For a while I thought the only one having an issue with happened in King was me. Does anyone know if GRNC is planning on lobbying for a change in the statute similar to the one's implemented in Tennessee and Missouri?

See how the Missouri law reads:

Section 101 chapter 44. Plain, simple and to the point.

http://www.moga.mo.gov/statutes/c044.htm

44.101. The state, any political subdivision, or any person shall not prohibit or restrict the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during an emergency.