Apparently (according to a thread on THR.US, see post #30 especially
http://www.thehighroad.us/showthread.php?t=420081) North Carolina has more than one type of declaration of emergency, and more than one statutory basis on which to declare a state of emergency.
So, in this instance, her highness's courtiers are saying that the RKBA was never suspended during the Earl non-event. I ain't a lawyer, so I won't even try to figure this one out.