Emergency powers 2a victory in NC

Emergency powers 2a victory in NC

This is a discussion on Emergency powers 2a victory in NC within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; No more disarming during a state of emergency, or waiting for permission from the state! A federal district court judge in North Carolina has just ...

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  1. #1
    VIP Member Array chiefjason's Avatar
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    Emergency powers 2a victory in NC

    No more disarming during a state of emergency, or waiting for permission from the state!



    A federal district court judge in North Carolina has just struck down that state’s emergency power to impose a ban on firearms and ammunition outside the home during a declared emergency, ruling that the provision violates the Second Amendment right to keep and bear arms.


    SAF Press Release :: SAF VICTORY STRIKES DOWN NORTH CAROLINA EMERGENCY POWERS GUN BAN
    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"


  2. #2
    VIP Member Array Richard58's Avatar
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    Great news.....
    The police are not there to protect you from crime, they are there to arrest the guy after the crime has been committed, assuming they find him. It is your responsibility to protect yourself and your family.

  3. #3
    Distinguished Member Array BigStick's Avatar
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    That is great news. It has always baffled me that they think it is a good idea to take away our defenses right when we need them the most.
    beararms likes this.
    Walk softly ...

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    Wonderful news, now if only the legislature would get off their backsides and pass HB111 (restaurant carry) we will have made some major progress.
    SwatMedic338 likes this.
    When you have to shoot, shoot. Don't talk.
    "Don't forget, incoming fire has the right of way."

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    VIP Member Array Hiram25's Avatar
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    Put that judge on the Supreme Court!
    Hiram25
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    Senior Member Array dldeuce's Avatar
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    As usual, there's more to it than just possession during a declared emergency. If I understand it correctly, the judge applied a strict scrutiny standard. That's the first case I've seen that in, and that is really good news. Plus, this is one more case where a district judge recognizes a 2nd Amendment right to carry, possess, and defend outside of the home.

  7. #7
    Member Array sixsccw's Avatar
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    Like a breath of fresh air, ain't it...?
    "I come in peace, I didn't bring artillery. But I am pleading with you with tears in my eyes: If you ---- with me, I'll kill you all."

    Marine Corps General James Mattis, to Iraqi tribal leaders

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    Member Array MisterAvis's Avatar
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    They just shot that one down here.... along with "Make My Day Better" (extending the castle doctrine to businesses)... labeled "Too Extreme" by the dem run committee. So, congratulations! Really, though, I don't see it happening in too many places that aren't run by crooks like the ones in N.O. But best to be safe.
    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined." -Obligatory Founding Father Quote

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    Member Array shooter380's Avatar
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    Great news
    (2Co 11:3 KJV) But I fear, lest by any means, as the serpent beguiled Eve through his subtilty, so your minds should be corrupted from the simplicity that is in Christ.

  10. #10
    Member Array DanDglassman's Avatar
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    one less thing to worry about getting arrested for...

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    I did not see that. It always annoyed me when stationed at Camp Lejeune. One inch of snow = 'The World Is Ending - Chicken Little - Emergency' in NC...... HA.

    Good to see. It was one of the most stupid stipulations ever. Understand the Gov is out on her backside also. Good riddance.
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    Member Array 8th ID's Avatar
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    Great news for the NC folks! Here in KY, we already have that right. Also, our Dem. Governor recently signed a law that gives more gun rights to business owners and others on their private land. A Democrat! Yeah, he knows what stae he's Governor of!!!
    SOLD my guns.
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    Member Array Blades's Avatar
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    Quote Originally Posted by chiefjason View Post
    No more disarming during a state of emergency, or waiting for permission from the state!



    A federal district court judge in North Carolina has just struck down that state’s emergency power to impose a ban on firearms and ammunition outside the home during a declared emergency, ruling that the provision violates the Second Amendment right to keep and bear arms.


    SAF Press Release :: SAF VICTORY STRIKES DOWN NORTH CAROLINA EMERGENCY POWERS GUN BAN
    Good to know. Thanks.
    I reposted the link on Facebook and Google+.
    --Jason--

  14. #14
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    One question, now that it has been struck down by the judge when will it be removed from the statutes?

    § 14‑288.12. Powers of municipalities to enact ordinances to deal with states of emergency.

    (a) The governing body of any municipality may enact ordinances designed to permit the imposition of prohibitions and restrictions during a state of emergency.

    (b) The ordinances authorized by this section may permit prohibitions and restrictions:

    (1) Of movements of people in public places, including directing and compelling the evacuation of all or part of the population from any stricken or threatened area within the governing body's jurisdiction, to prescribe routes, modes of transportation, and destinations in connection with evacuation; and to control ingress and egress of a disaster area, and the movement of persons within the area;

    (2) Of the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate;

    (3) Upon the possession, transportation, sale, purchase, and consumption of alcoholic beverages;

    (4) Upon the possession, transportation, sale, purchase, storage, and use of dangerous weapons and substances, and gasoline; and

    (5) Upon other activities or conditions the control of which may be reasonably necessary to maintain order and protect lives or property during the state of emergency.

    The ordinances may delegate to the mayor of the municipality the authority to determine and proclaim the existence of a state of emergency, and to impose those authorized prohibitions and restrictions appropriate at a particular time.

    (c) This section is intended to supplement and confirm the powers conferred by G.S. 160A‑174(a), and all other general and local laws authorizing municipalities to enact ordinances for the protection of the public health and safety in times of riot or other grave civil disturbance or emergency.

    (d) Any ordinance of a type authorized by this section promulgated prior to June 19, 1969 shall, if otherwise valid, continue in full force and effect without reenactment.

    (e) Any person who violates any provision of an ordinance or a proclamation enacted or proclaimed under the authority of this section is guilty of a Class 3 misdemeanor. (1969, c. 869, s. 1; 1981, c. 412, s. 4(4); c. 747, s. 66; 1989, c. 770, s. 2; 1993, c. 539, s. 194; 1994, Ex. Sess., c. 24, s. 14(c); 2009‑146, s. 1.)
    http://www.ncga.state.nc.us/EnactedL...14-288.12.html
    When you have to shoot, shoot. Don't talk.
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    Senior Member Array scgunlover1's Avatar
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    Quote Originally Posted by Hiram25 View Post
    Put that judge on the Supreme Court!
    My thoughts exactly!!!
    SCGunLover1

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