Suspension of the constitution in NC

[Walt Sherrill]

There's not a single RIGHT that can't be suspended or taken away by government, if DUE PROCESS (or a proper process) is followed. That's a harsh reality, but a fact.

Was a proper (due) process followed in King? Folks living there should be asking questions, not only about WHAT was done, but WHY it was done?

[Tigard]

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.

Unfortunately, that's always the case.

More here including this comment from the police chief

“I think there’s been some misinterpretation that I personally have declared martial law and taken away people’s right to bear arms and that’s erroneous,” May told WXII reporter Jermont Terry. “By law, statute 14-288.7 automatically went into effect. And that law which goes into effect when there’s a state of emergency prohibits the transportation, purchase sale and possession of firearms other than on one's own premises.”

The problem is with the law not the folks in King.

[MD]

They're just pushing the envelope...seeing what they can get away with. Be vigilant and pound the issue with local and State officials. Let them know there are many out there paying attention and will act to do something about it.

Death to apathy !!


MD

[chiefjason]

That law does not "automatically" go into effect on it's own. That's a gross misinterpretation of the process. Someone "declares" the emergency, seems it was the city commissioners or some such. Then the law goes into effect. So there is a conscious decision to declare the SOE, and they should know the consequences of it. So it's not "automatically" put in place, it is willingly declared by someone or some party.

If folks want to get these laws rooted out they need to pay attention to who they are putting into office. The folks we have there know have shown they cannot do it. Just look at all the pro gun, pro carry bills that got shot down last year. Don't get me wrong, some of the folks are all for it. We need to get more of them in office.

[deerollman]

As I understand it, this problem stemmed from state law. Therefore, you need to address your concerns to the state house and senate, by way of your reps. WRITE THEM. NOW, BEFORE YOU FORGET. You can cut and paste mine to your reps if you like.

Dear Senator ---------------and Representative ------------,
You may have heard the controversy surrounding the recent state of emergency declared by the city council of King, NC, which resulted in the partial suspension of residents' second amendment rights and barred the sale of alcohol. My understanding is that when the city of King declared the emergency, state law then took effect banning the possession of firearms outside the home. I am not clear on whether or not it was state or local law / policy that forbade the sale of alcohol.
It greatly upsets me to see a NC state law infringe upon the second amendment rights of NC citizens because of bad weather. Is there some logical reason why an ice storm should prevent someone from protecting themselves or hunting to put food on the table? While of less interest to me, the banning of alcohol sales is also absurd.
As your constituent, I write to ask you to work to change NC state law so that these restrictions do not go into effect in a future emergency. I will look forward to news related to this law in the future.

[Tigard]

So it's not "automatically" put in place, it is willingly declared by someone or some party.

But it is possible that the restrictions on guns etc are a part of the law as a whole so when the mayor of King needs to declare the emergency to fund the Red Cross opening the gym he gets (as an added bonus) the authority to regulate all sorts of other things. On the face of it, that's stupid but then again, in the case of civil unrest, do you really want the local folks waiting on a bureaucrat in Raleigh for the permission to clear the streets?

Interesting question highlighted by all this.

[hawk962]

I've called and will be writing. Not sure that my single opinion will make that much of an impact though.
Nice draft letter by the way. Thanks!

[Shellshock1918]

Originally Posted by Walt Sherrill

There's not a single RIGHT that can't be suspended or taken away by government, if DUE PROCESS (or a proper process) is followed. That's a harsh reality, but a fact.

Was a proper (due) process followed in King? Folks living there should be asking questions, not only about WHAT was done, but WHY it was done?

Due process implies it has legitimacy. A town council voting away your rights because of snow is not "due process."

[Walt Sherrill]

Originally Posted by Shellshock1918

Due process implies it has legitimacy. A town council voting away your rights because of snow is not "due process."

Sadly, it's legitimate (and, in effect, a proper/due process) until someone tests it in court and shows that it isn't legitimate.

I don't agree with what the elected and appointed officials in King did, and my comments were in no way a defense of their actions. But what they did was legal -- and will remain that way until the law is changed. The real issue is the General Statute and how easy it is for a small government unit to invoke the powers the GS confers.

As I noted earlier, King's residents should be asking WHY their officials chose to declare a SOE -- to use a sledge hammer when a tack hammer (or NO hammer) might've worked. Was "SNOW" the only reason? Has anyone in King's city government explained?

If it was bad judgment, citizens and voters in King can register their concern and anger and hold up the "bad" behavior as an example of something NOT to do in the future.

.

[deadandgone]

I was in King this past Saturday to pick up some wings for the Super Bowl, about 3pm or so. I had no idea of this SOE and I was carrying. Folks, this is ridiculous. Highway 52, a major thoroughfare, goes right through King. How many people were riding down the road breaking the law?

If they are going to declare a state of emergency, why they should have the police at ALL intersections stopping traffic informing the public of the situation. Putting up a few signs willy nilly ain't gonna get it done. There was no sign at KFC.

I do not feel welcome in King anymore. I will take my business elsewhere, because I can. This is a free country, despite what the idiots in King think.

[hawk962]

Good points Walt. By the way, I wasn't implying that you were in favor of the restrictions.

I did a little more digging after posting the stuff about Tenn and Missouri and found out that 21 states have either passed laws or ammended existing statutes to protect the rights of gun owners during declared state of emergencies. An ammendment was introduced in Georgia last Wednesday for the same reason.

I think our reppresentatives need to get busy and do the same thing and have let them know..

[chiefjason]

Keep in mind that a lot of those laws were passed after the Katrina gun grab. Nothing in the current law allows them onto your property to grab guns. Although I would prefer it be gone as well. I'm sure the above line of reasoning will come up in any conversation about it. So the focus needs to be on carry, not the "You're not coming into my home and taking my guns". This similar thread has taken that turn on a few boards and in reality it's a non issue because the SOE is not applicable on your property according to the GS statute.

[hawk962]

chiefjason,
you are correct. Some states mirrored the changes signed into law by president Bush not log after Katrina. I did not mean to send us down an unproductive path.
New Hapmshire, Missouri, and Tennessee changes were worded specifically to keep the restrictions similar to the those in effect over the weekend in King from happening. The one introduced in Georgia last week is for the same purpose.
I would love to see our statute ammended in similar fashion to the one I posted from Missouri.

[wicked-fast]

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

KING, N.C. -- Residents in King were fumed over the weekend after a state of emergency declaration restricted the sale of alcohol and the carrying of firearms in vehicles.

King Police Chief Paula May said she’s received hundreds of threats related to the restrictions, which banned driving from 12 a.m. Sunday to 5 a.m.

The state of emergency for King was declared by members of the City Council after Stokes County authorities also declared a state of emergency.

Under North Carolina law, May said, when a state of emergency is put into place that includes a ban on driving, the carrying of firearms in vehicles is also banned. The King city curfew banned the sale of alcohol.

“I think there’s been some misinterpretation that I personally have declared martial law and taken away people’s right to bear arms and that’s erroneous,” May told WXII reporter Jermont Terry. “By law, statute 14-288.7 automatically went into effect. And that law which goes into effect when there’s a state of emergency prohibits the transportation, purchase sale and possession of firearms other than on one's own premises.”

The news of the ban created a firestorm of criticism.

“This is absolutely the craziest thing I have ever heard. So far fetched that I am speechless!” one post on WXII12.com read.

“This has to be the most ridiculous event of the century!!!!! This is the ultimate denial of liberties for the most asinine reason...bad weather!!!” another poster wrote.

May said officers did pull people over who were in violation of the curfew driving ban, but no tickets were issued.


King Police Chief Paula May More



“We did find some people on the streets,” May said. “We didn’t take any enforcement actions. We spoke to the people driving and helped them to get to where they needed to be.”

May wouldn’t give details on the types of threats other than to say they had been phoned, faxed and e-mailed.

“We have to take them all serious and we’ll investigate to the best of our ability and determine the source of those threats,” she said.

The state of emergency was lifted Monday morning

[tippity1]

I got bored and went to the gym late in the middle of all this. I live in Forsyth County, and was not aware of any of this until the next day. The roads I traveled on were fine, there did not appear to be a whole lot of people out and about, but... It's King, not a whole lot going on anyway. I passed a patrol car on my way home and waved at him. This was around 1:30 - 2 AM.
I can only laugh about it now to know that I could have been arrested or penalized for carrying like I always do.
I'm thankful that they didn't pull me over or stop me, because I would have told them I have my CCW and am carrying (like you're supposed to) and if they chose to "run me in" I would have had nothing but lovely things to say for the duration of the ride. It would have made an interesting night that much more interesting!

[bigfelipe]

Hate to say it and would feel for the person, but I wish someone had been accosted by the police over this so a precedent could be set in court and eliminate this blatant disregard for our constitutional rights...

[bubbalouie]

Just another example of the man trying to keep me and my brothers down.