This is a discussion on If carrying a gun outside of your home in North Carolina you are breaking the law!!!! within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; That’s right if you are carrying a gun outside your home openly or concealed with a permit you are breaking the law and can be ...
That’s right if you are carrying a gun outside your home openly or concealed with a permit you are breaking the law and can be charged with a class 1 misdemeanor.
North Carolina Gen. Stat. § 14-288.7(a) provides, in pertinent part, “it is unlawful for any person to transport or possess off his own premises any dangerous weapon or substance in any area: (1) In which a declared state of emergency exists; or (2) Within the immediate vicinity of which a riot is occurring.” Violation of this provision is a Class 1 misdemeanor. N.C. Gen. Stat. § 14-288.7(c). The term “[d]angerous weapon or substance” includes “[a]ny deadly weapon, ammunition . . .” N.C. Gen. Stat. § 14-288.1(2).
EO 62: Proclamation of a state of Emergency
EXECUTIVE ORDER NO. 62
PROCLAMATION OF A STATE OF EMERGENCY
BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA
DUE TO HURRICANE EARL
Pursuant to the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina:
I declare that a state of emergency exists in the State due to the approach of Hurricane Earl.
I order all state and local government entities and agencies to cooperate in the implementation of the provisions of this proclamation and the provisions of the North Carolina Emergency Operations Plan.
I delegate to Reuben F. Young, Secretary of Crime Control and Public Safety, or his designee, all power and authority granted to me and required of me by Article 1 of Chapter 166A of the General Statutes and Article 36A of Chapter 14 of the General Statutes for the purpose of implementing the State’s Emergency Operations Plan and to take such further action as is necessary to promote and secure the safety and protection of the populace in North Carolina.
Further, Secretary Young, as chief coordinating officer for the State of North Carolina, shall exercise the powers prescribed in G.S. § 143B-476.
I further direct Secretary Young to seek assistance from any and all agencies of the United States Government as may be needed to meet the emergency and seek reimbursement for costs incurred by the State in responding to this emergency.
I hereby order this proclamation: (a) to be distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; (b) unless the circumstances of the state of emergency prevent or impede, to be promptly filed with the Secretary of Crime Control and Public Safety, the Secretary of State, and the clerks of superior court in the counties to which it applies; and (c) to be distributed to others as necessary to assure proper implementation of this proclamation.
This Executive Order is effective immediately and shall remain in effect for thirty (30) days or the duration of the emergency, whichever is less.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this day first of September in the year of our Lord two thousand and ten, and of the Independence of the United States of America the two hundred and thirty-fifth.
Beverly Eaves Perdue
Elaine F. Marshall
Secretary of State
The lawsuit is a good thing unfortunately it changes nothing for the moment. Check out Grass Roots North Carolina they are also participating the lawsuit and are actively promoting legislation to fix this insane law. www.grnc.org
What I don't get is the thought that our elected law-makers think we 'don't' need our firearms during a 'time of emergency'.
"Just getting a concealed carry permit means you haven't commited a crime yet. CCP holders commit crimes." Daniel Vice, senior attorney for the Brady Campaign to Prevent Gun Violence, quoted on Fox & Friends, 8 Jul, 2008
"Sometimes when you're making gumbo, people just show up.", Leah Chase
Florida has a similar law, but I want to say that the governor must specify that there are to be no firearms in the actual declaration of the state of emergency. Generally speaking, unless I need to evacuate, I'm staying home so I'm not too worried. If I had to leave during the state of emergency and a ban on firearms was standing, well, you gotta do what you gotta do.
Maybe we're looking past this. Remember that the bad guys are ALSO required to leave their guns at home during a state of emergency, so the threat is really minimal. Let's not freak out. The law is there for everyone to follow...not just CCW'ers.
Florida Statute 870.044 states:
However, this section does not apply any time there is a declared emergency, only when an emergency is declared under F.S. 870.043, which only covers riots and the like:870.044Automatic emergency measures.—Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, the following acts shall be prohibited during the period of said emergency throughout the jurisdiction:
(1)The sale of, or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description.
(2)The intentional display, after the emergency is declared, by or in any store or shop of any ammunition or gun or other firearm of any size or description.
(3)The intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of her or his duty.
Nothing contained in this chapter shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in a criminal act.
A weather related emergency would not appear to apply.870.043Declaration of emergency.—Whenever the sheriff or designated city official determines that there has been an act of violence or a flagrant and substantial defiance of, or resistance to, a lawful exercise of public authority and that, on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to property, all of which constitute an imminent threat to public peace or order and to the general welfare of the jurisdiction affected or a part or parts thereof, he or she may declare that a state of emergency exists within that jurisdiction or any part or parts thereof.
Of course, I am not a lawyer and I don't play one on TV......
Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
Blame it on Sixto - now that is a viable plan.
Totally wrong for any state to take away your right to defend yourself just because it is in a declared state of emergency. That is when you need it the most. That's when all the nuts are out looting. If that's the case, they could declare a state of emergency anytime they want, just so you can't carry, like during times of civil unrest. North Carolina and any other state with these types of laws on the books, need to get with the program.
Glock 26 XD9sc
Ruger SR9c Ruger LCP
I'm glad you posted this. I travel to NC often and might go back to see family this weekend.
Ironically, why is it that most people carry a firearm? In case of emergency. Isn't a state of emergency when you are likely to need a firearm the most?
Know Guns, Know Safety, Know Peace.
No Guns, No Safety, No Peace.
I'm not sure I understand. Did the governor declare a state of emergency for the eastern part of the state and the SoE applies to the entire state? Or, did she delcare a SoE for the ENTIRE state? Why in the world would a SoE be declared for the entire state when the hurricane is barely even going to touch land?
That is just an obscene law. Voters can and need to rectify this situation come election time...
The problem is that they haven't gone far enough. During an emergency, they should also declare murder to be illegal. That'll counterbalance the gun prohibition.
"I practice the ancient art of Klik Pao."
Well, I will rethink any plan to go to NC to help out with hurricane insurance claims, if I must go unprotected. I am a licensed insurance adjuster and I've been asked to volunteer to assist in the handling of insurance claims up expected to be generated by a strike from Hurricane Earl. I handled claims after Hurricane in Miami and it was the wild west down there. After Katrina, it was the same thing. Forget about law enforcement, criminals ran wild and free. I will not travel to NC and be defenseless in the time of emergency and LIMITED , if any LE or other services. First thing I do, when we have a hurricane warning for my area, is check my ammo supply and have extra firearms at the ready to defend my home & family. When the power goes out and services are limited, the criminals come out ready to prey on the weak, stupid or defenseless. I am none of the above, and won't be due to a govenor making a DUMB. MISGUIDED and STUPID proclaimation.