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Emergency powers 2a victory in NC

1K views 19 replies 15 participants last post by  dukalmighty 
#1 ·
No more disarming during a state of emergency, or waiting for permission from the state! :danceban:



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
 
#6 ·
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.
 
#8 ·
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.
 
#11 ·
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.
 
#12 ·
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!!!
 
#14 ·
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/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-288.12.html
 
#19 ·
One question, now that it has been struck down by the judge when will it be removed from the statutes?
I don't think they have fully incorporated HB 650 into all of the online statutes. I was looking for something the other day; it was in the final bill but the old statute was still there. So it could take a while.
 
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