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Old September 5, 2010, 06:38 PM   #1
sixgun67
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Suspension of rights....

Here is a link to an article where our Governor declared a state of emergency the day before hurricane Earle was supposed to hit, signed Friday I believe. Declaring the state of emergency is not the bad part, I feel that the worst part is the suspension of rights for all firearms and ammunition outside of the home or business, becoming illegal during such time even for CCW holders. I personally didn't realize and was never told until I'd read it in the newspaper last winter, that my license was conditional in this manner. I do not understand how the state can recognize our 2nd Amendment rights and still approve such measures. It seems that maybe some of our current politicians are starting to think like those from a couple other states. Sure, technically we can still have our guns, but only inside our homes. Surely there would be times during a SOE that we could need to go outside for whatever reason, or in our car. If for instance, we were evacuating (if needed), it sure would be nice to have a pistol with me. I feel that during a true emergency is when we may need our guns the most.
And, to top it all off, our government officials refuse to change the law.


http://www.examiner.com/gun-rights-i...nds-gun-rights

Last edited by sixgun67; September 5, 2010 at 06:47 PM.
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Old September 5, 2010, 07:50 PM   #2
teeroux
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One of my favorite comedian's view on rights. starts at 04:20

http://www.youtube.com/watch?v=hWiBt-pqp0E

Warning very foul language.
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Old September 5, 2010, 08:00 PM   #3
Al Norris
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Quote:
Originally Posted by sixgun67
And, to top it all off, our government officials refuse to change the law.
Most of your legislature probably isn't aware that "they" are being sued, on this very legislation (Bateman v. Perdue).

My understanding is that your Governor is even now backpedaling - she is denying that she even knew the consequences of her proclamation. Don't let her get away with this, start writing letters to your editors.
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Old September 5, 2010, 09:57 PM   #4
Aguila Blanca
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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.
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Old September 6, 2010, 07:15 AM   #5
blume357
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N.C.'s gun laws are worse than S.C.'s other than they do allow open carry...

as mentioned.... During a state of emergency is the time you are most likely to need a gun outside your home and off your property....

I suspect that if one does the research the whole law and rights loss issue came from a time not so long ago when the majority was trying very hard to keep certain minorities in their place.

No different than the N.C. law that requires you to get permission from the county sheriff to purchase a handgun.
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Old September 6, 2010, 10:21 AM   #6
LaserSpot
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I suppose the Disaster Recovery Personal Protection Act of 2006 doesn't mean much because it doesn't apply to States. Does anyone know which States have passed equivalent legislation?


Quote:
(a) Prohibition on Confiscation of Firearms- No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may--

(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;

(2) require registration of any firearm for which registration is not required by Federal, State, or local law;

(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or

(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency.

http://www.govtrack.us/congress/bill...bill=h109-5013
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Old September 6, 2010, 10:32 AM   #7
kraigwy
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I don't know if that law pertains to states, If I was to guess I would say it doesn't.

However, after Katrina, fears arose that "it could happen here" (confiscating legal firearms). Wyoming quickly passed a state law like the one you mentioned. Preventing any government agency from confiscating firearms for her citizens in case of natural or man made disasters.

Right now there is a gun friendly public, and politicians who are afraid to cross the gun lobbies.

Now is the time to petition you state to enact such laws.
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Old September 6, 2010, 11:32 AM   #8
LaserSpot
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Ok, Wyoming is another one.

This guy says that Alaska, Florida, Idaho, Kentucky, Louisiana, Mississippi, New Hampshire, Oklahoma, South Carolina, and Virginia may have passed similar legislation.
http://www.claytoncramer.com/popular...fiscations.htm

I found one for Nevada: http://www.nraila.org/Legislation/Read.aspx?id=3061

Does anyone know if there are any laws about "State of Emergency" gun confiscation in Michigan?
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Old September 6, 2010, 12:18 PM   #9
Eghad
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I am with Al on this put the heat on the governor and legislation so they feel it. Make them want to pass and sign legislation correcting as soon as possible.
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Last edited by Eghad; September 6, 2010 at 12:29 PM.
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Old September 6, 2010, 02:24 PM   #10
maestro pistolero
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Would any legislation correcting this cause Gura's suit to lose ground? We need that case law.
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Old September 6, 2010, 03:14 PM   #11
Aguila Blanca
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If the legislature removes that provision from the statute, Gura's lawsuit becomes moot. If he doesn't withdraw it, it will be dismissed.
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Old September 6, 2010, 06:35 PM   #12
Al Norris
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IIRC, when Gov. Perdue signed the executive order declaring the emergency, someone forgot to tell her that this weekend (Labor Day) was the opening weekend for Dove Season. This suspended all hunting activity....

As I understand it, even should the legislature "fix" what they wouldn't in the past, there is still damage that can/could be claimed. Especially if someone went hunting, was/is caught and was/is charged with the misdemeanor.

Somehow, I really don't think the N.C. legislature will "fix" the problem. Regardless, an amended complaint "featuring" those charged will keep the case going....
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Old September 6, 2010, 06:57 PM   #13
maestro pistolero
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Any truly informed pro-gun legislator will realize the benefit of allowing the court to strike the statute. If it doesn't strike it, the legislature could still act even if the case failed. Alternatively, if the court does strike the provision, the legislature could then act quickly to remove it.

Nevertheless, now may not be the time to flame the state government. Gura's suit is an important part of the strategy to get precedent.

Last edited by maestro pistolero; September 6, 2010 at 11:24 PM.
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Old September 7, 2010, 01:03 PM   #14
AlabamaFamilyMan
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Alabama has this...

LaserSpot:
Quote:
Ok, Wyoming is another one.

This guy says that Alaska, Florida, Idaho, Kentucky, Louisiana, Mississippi, New Hampshire, Oklahoma, South Carolina, and Virginia may have passed similar legislation.
http://www.claytoncramer.com/popular...fiscations.htm

I found one for Nevada: http://www.nraila.org/Legislation/Read.aspx?id=3061

Does anyone know if there are any laws about "State of Emergency" gun confiscation in Michigan?
Alabama has passed this, in 2009, SB359, update to Code of Alabama, Section 31-9-8.

AFM
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