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Old July 11, 2010, 11:11 PM   #12
gc70
Senior Member
 
Join Date: May 24, 2005
Location: North Carolina
Posts: 2,495
Quote:
Originally Posted by Wildalaska
I'll rephrase: would a ban on carrying guns outside ones own home or property during a declared emergency pass muster?
Carefully crafted carry restrictions during a well defined state of emergency would be as probable to pass constitutional muster as similar restrictions during martial law or curfews. The NC statute appears to give far too much latitude to restrict a fundamental constitutional right on the flimsiest of pretexts.

Many, if not most, of the state of emergency declarations are related to securing state or federal funding rather than a real need to take extraordinary measures to control an area or its population. A state of emergency (without firearms restrictions) was declared in my county after heavy rains in 2008. A couple of creeks overflowed and "the state of emergency paves the way for property owners to receive federal funding for flood damage." The state of emergency was lifted two days later after state officials had inspected the area "to determine eligibility for Individual Assistance for privately owned structure damage."

The NC statute also provides a potentially unique admission that the tools of self defense can be denied when the government is unable to "afford adequate protection for lives or property." That type of contradiction is nearly too good to pass up.
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