The Firing Line Forums - View Single Post - WIN!! Bateman v. Perdue: N.C. Emergency Powers Ban

wmreid · October 22, 2010, 12:27 PM

Just for your info, the "State of Emergency" statutes in here in NC were passed after the MLK riots in 60's. Laws prohibiting firearms in or near a "riot" were also passed at the sametime. So that's the frame of mind the legislatur was in when the law was passed.

Purdue has tried to say that her declaration of emergency for some hurricane did not include any prohibitation on the transportation of firearms & ammo. However, a simple reading of the declaration shows that the law containing the prohibitation was specificially included. Also, the NC criminal statutes REQUIRE the prohibitation when a declaration of emergency is issued. The Governor, the Mayor (in King) and the Chairman of the County Commission of the county being sued could not exempt the prohibitation on carrying firearms & ammo - they don't have the option.

So, even though that hurricane came no where close to the western NC mountains where I live, I could not transport my firearms legally while that declaration was in effect. To top it off, the declaration was issued just before opening day for dove season but I believe it was lifted in time.

October 22, 2010, 12:27 PM	#33
wmreid Junior Member Join Date: October 22, 2010 Location: Candler, NC (NC Mountains) Posts: 1	Just for your info, the "State of Emergency" statutes in here in NC were passed after the MLK riots in 60's. Laws prohibiting firearms in or near a "riot" were also passed at the sametime. So that's the frame of mind the legislatur was in when the law was passed. Purdue has tried to say that her declaration of emergency for some hurricane did not include any prohibitation on the transportation of firearms & ammo. However, a simple reading of the declaration shows that the law containing the prohibitation was specificially included. Also, the NC criminal statutes REQUIRE the prohibitation when a declaration of emergency is issued. The Governor, the Mayor (in King) and the Chairman of the County Commission of the county being sued could not exempt the prohibitation on carrying firearms & ammo - they don't have the option. So, even though that hurricane came no where close to the western NC mountains where I live, I could not transport my firearms legally while that declaration was in effect. To top it off, the declaration was issued just before opening day for dove season but I believe it was lifted in time.