North Carolina: Emergency Powers Law Takes Effect this Monday

North Carolina: Emergency Powers Law Takes Effect this Monday

This is a discussion on North Carolina: Emergency Powers Law Takes Effect this Monday within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; From a NRA-ILA email. The new emergency powers statute, passed in the North Carolina General Assembly and signed into law by Governor Bev Perdue (D) ...

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Thread: North Carolina: Emergency Powers Law Takes Effect this Monday

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    North Carolina: Emergency Powers Law Takes Effect this Monday

    From a NRA-ILA email.

    The new emergency powers statute, passed in the North Carolina General Assembly and signed into law by Governor Bev Perdue (D) on June 11, takes effect on Monday, October 1.

    House Bill 843 made substantial changes to the North Carolina Emergency Management Act by adding critical language to the section of North Carolina statute that deals with what restrictions may be imposed during a declared state of emergency.

    Specifically, this new law states that the restrictions section “does not authorize prohibitions or restrictions on lawfully possessed firearms or ammunition.” This means that, if there is a declared state of emergency due to natural disasters or other problems that create a state of disarray and unrest that requires emergency procedures to be implemented by a government entity, the rights of law-abiding gun owners will no longer be subject to possible suspension. The state Senate added this critical language to HB 843 in the Senate Judiciary I Committee, and HB 843 as amended then passed in the full Senate on June 5 by a 49-0 vote. The House concurred with the Senate amendments on the following day by a 113 to 1 vote.
    http://www.ncga.state.nc.us/Sessions...PDF/H843v6.pdf

    "§ 18B-110. Emergency. Has been rewritten and the prohibition on personal weapons has been removed.
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    GITRDUUUNNNN!!!\\

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    One step in the right direction. Now if NC will dump the prohibition of firearms with paid attendence and resturants that serve alcohol it will be making real progress.
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    It's a shame this actually has to be written into law.

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    Wow! About time. Would hate for another 'snow emergency' to trump the 2A.
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    Check out the knife laws of NC.
    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.

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    I Agree!!
    Quote Originally Posted by OldVet View Post
    One step in the right direction. Now if NC will dump the prohibition of firearms with paid attendence and resturants that serve alcohol it will be making real progress.
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    I am surprised the governor signed it given her political leanings. But then, it is an election year and she is trying to deliver the state for Obama, time to move to the right...
    I'd rather be lucky than good any day

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    I wish this would happen in the not so free state of maryland. Many people here have their hopes up that on appeal the circuit court will uphold that maryland's ccw laws are unconstitutional and that maryland becomes an will issue state. I personally don't see it happenning, but I've been wrong many times before.

    Although our governor owe'malley did sign a castle doctrine law, which I was personally very surprised that he did. I still don't know how he the rest of the liberals that run this state actually let this slide.

    I and many others expect owe'malley to put his hat into the ring in the 2016 presidential election, WATCH OUT AMERICA. He's a first rate tax and spend anti gun/2nd amendment liberal.

    He is following in his father in laws footsteps, former Attorney General Joseph Curran, search his name and his anti gun stance.

    Sorry, didn't mean to hi jack the thread to get on my soapbox.

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    Thanks msgt. News is slow to reach us up in Granville County :). I agree with the comment that it's too bad it had to be written in to be clear and obvious. But, let's take what we can get.
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    Congrats to N.C,..Now clear up the rest!!!. Good step though!!!.

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    Quote Originally Posted by msgt/ret View Post
    From a NRA-ILA email.



    http://www.ncga.state.nc.us/Sessions...PDF/H843v6.pdf

    "§ 18B-110. Emergency. Has been rewritten and the prohibition on personal weapons has been removed.


    This is great at the state level but how does that work at the county/city or town level? In reading Charlotte's Code of Ordinances 15-20.e (1) (below) you ARE PROHIBITED from having a firearm outside your home if the mayor deems it necessary. Does that override State Law? I was happy at first as like many of you this is the time that I'd rather be armed (as a ccw holder) if I have to evacuate or get food or for whatever reason I'd need to leave my home.

    Sec. 15-20. - State of emergency; proclamation; curfew authorized; restrictions; contracts authorized.

    (a) A "state of emergency" shall be deemed to exist whenever, during times of great public crisis, disaster, rioting, catastrophe, or similar public emergency, for any reason, municipal public safety authorities are unable to maintain public order or afford adequate protection for lives, safety or property.
    (b) If an existing or threatened state of emergency occurs endangering the lives, safety, health and welfare of the people within the city, or threatening damage to or destruction of property, the mayor is hereby authorized and empowered to issue a public proclamation declaring to all persons the existence of such a state of emergency and, in order more effectively to protect the lives and property of the people within the city, to place in effect any or all of the restrictions authorized in this section, including the authority to define and impose a curfew.
    © The mayor is hereby authorized and empowered to limit by the proclamation the application of all or any part of such restrictions to any area specifically designated or described within the corporate limits and to specific hours of the day or night, and to exempt the following from all or any part of such restrictions:
    (1) Law enforcement officers, firefighters and other public employees;
    (2) Doctors, nurses, employees of hospitals and other medical facilities;
    (3) On-duty military personnel, whether state or federal;
    (4) On-duty employees of public utilities, public transportation companies, and newspaper, magazine, radio broadcasting, and television broadcasting corporations operated for profit; and
    (5) Such other classes of persons as may be essential to the preservation of public order and immediately necessary to serve the safety, health, and welfare needs of the people within the city.
    (d) The mayor shall proclaim the end of such state of emergency or all or any part of the restrictions imposed as soon as circumstances warrant or when directed to do so by the city council.
    (e) During the existence of a proclaimed state of emergency, the mayor may, by proclamation, prohibit or regulate any or all of the following:
    (1) The possession, off one's own premises, of explosives, any substance which by itself or in combination with other substances could be used to make an explosive device or weapon of mass destruction, firearms, ammunition, or dangerous weapons of any kind, and prohibit or regulate the purchase, sale, transfer or other disposition thereof.
    The buying or selling of beer, wine, or intoxicating beverages of any kind, and their possession or consumption off one's own premises.
    (3) Any demonstration, parade, march, vigil or participation therein from taking place on any of the public ways or upon any public property.
    (4) The sale of gasoline, kerosene, naphtha, or any other explosive or inflammable fluids or substances or any substance which, by itself or in combination with other substances, could be used to make an explosive device or weapon of mass destruction.
    (5) Travel upon any public street, alley, or roadway or upon any other public property, except by those in search of medical assistance, food or other commodity or service necessary to sustain the well-being of themselves or their families or some member thereof.
    (6) The participation in or carrying on of any business activity, and the keeping open of places of business, places of entertainment, and any other places of public assembly.
    (f) Any proclamation may be extended, altered, or repealed in any particular during the continued or threatened existence of a state of emergency by the issuance of a subsequent proclamation.
    (g) During the existence of a proclaimed state of emergency, it shall be unlawful for any person to violate any provision of any restriction imposed by any proclamation authorized by this section. Any person who violates such a provision shall, upon conviction, be punished in accordance with section 2-21
    (h) During the existence of a proclaimed state of emergency involving the health and safety of the people or their property, the city manager is authorized to award contracts for construction or repair work and for the purchase of apparatus, supplies, materials or equipment without regard to the amount of such a contract and without complying with G.S. 143-129, provided that the expeditious award of such a contract is reasonably necessary to address the effects of such emergency. In the absence of the city manager, the following officials shall have the same authority as is provided in this section to the city manager: the deputy city manager, any assistant city manager or the chief purchasing official. The city manager shall submit a report to the city council summarizing all contracts awarded pursuant to this section as soon as reasonably possible after the state of emergency has ended.

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    Congrats NC..."Got-R-Did"...
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    VIP Member Array Richard58's Avatar
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    That's all and good during a hurricane sorta of emergency but martial law can always be enacted if needed for population control.
    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.

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