NC State of Emergencey

This is a discussion on NC State of Emergencey within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; What about NCGS 14-288.7, prohibiting weapons during a declared state of emergency? Can the governor pick and choose which parts of the law that are ...

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  1. #16
    New Member Array Grindstone's Avatar
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    What about NCGS 14-288.7, prohibiting weapons during a declared state of emergency? Can the governor pick and choose which parts of the law that are to be enforced?

    NCGS 14-288.7. Transporting Dangerous Weapon or Substance During Emergency; Possessing Off Premises; Exceptions.
    (a) Except as otherwise provided in this section, 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.

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  3. #17
    New Member Array Grindstone's Avatar
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    Here's an article by Paul Valone illustrating what I'm talking about:

    Is Governor Perdue lying about North Carolina State of Emergency? - Charlotte gun rights | Examiner.com

  4. #18
    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by Grindstone View Post
    What about NCGS 14-288.7, prohibiting weapons during a declared state of emergency? Can the governor pick and choose which parts of the law that are to be enforced?

    NCGS 14-288.7. Transporting Dangerous Weapon or Substance During Emergency; Possessing Off Premises; Exceptions.
    (a) Except as otherwise provided in this section, 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.
    Yes it is done all the time with most laws. Personally I have never agreed with leaving a law on the books that is only selectively enforced. Laws should not be used as a threat hanging over the heads of citizens to be used when it suits the whims of government. They should be either revoked or rewritten to apply only to the offenses that are normally enforced.

    Michael

  5. #19
    VIP Member Array NC Bullseye's Avatar
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    Quote Originally Posted by Grindstone View Post
    What about NCGS 14-288.7, prohibiting weapons during a declared state of emergency? Can the governor pick and choose which parts of the law that are to be enforced?

    NCGS 14-288.7. Transporting Dangerous Weapon or Substance During Emergency; Possessing Off Premises; Exceptions.
    (a) Except as otherwise provided in this section, 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.
    Yes, and the NC AG agrees with it so I choose to accept the exclusion in the SOE. I'm still waiting for someone to show a case where this law has been used against someone that is doing nothing else.

    If you really want to read up on that try reading the NC emergency management plans and authorities granted in time of emergencies.

  6. #20
    VIP Member Array Guns and more's Avatar
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    I remember when a storm didn't cause a state of emergency.

    Now the nanny state is there to give you water and blankets, and take everything you have.

  7. #21
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    Quote Originally Posted by SIXTO View Post
    Just a side note, if its regulated and licensed by the government, its not a right. Its a privilege. Carry on...
    Too right!!!
    It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!

    "When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson

    You are only paranoid until you are right - then you are a visionary.

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    VIP Member Array chiefjason's Avatar
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    Once again, I'll give this little example. The Gov used the SOE to override Federal trucking laws at one point last year. She did away with the hours of service restrictions for in state drivers hauling fuel and heating oil. The entire point of a SOE is that the laws are changed, amended, tweaked for some reason. Oh and Bev's favorite, Federal monetary assistance.

    All that said, there is a law suit working it's way through the system that should strike the ability to limit lawful carry.

    SAF Press Release :: SAF SUES TO OVERTURN NORTH CAROLINA’S 'EMERGENCY POWERS' GUN BANS
    I prefer to live dangerously free than safely caged!

    "Our houses are protected by the good Lord and a gun. And you might meet 'em both if you show up here not welcome son." Josh Thompson "Way Out Here"

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