Firearms and "States of Emergency"

[greyhound]

At 11:30 a.m. Wednesday, morning a state of emergency was declared in Northampton County.
Tuesday, Gov. Mike Easley declared North Carolina to be under a state of emergency...Effective as of 8 a.m. today, the sale, consumption, transportation or possession of alcohol is prohibited in Northampton County 'except possession and consumption is allowed on a person's own premises.' Additionally, 'there shall be no sale or purchase of any type of firearm or ammunition, or any possession of such items along with any type of explosive off owner's own premises."

Apparently, a few states even have rules dealing with the CONFISCATION of firearms during Staes of Emergency.

Jiminy Cricket, we rail about the Feds but these are state laws!

And what about the North Carolina CCW law? Its pre-empted because the Governor says so?

Geez, this doesn't sound good for "fighting tyranny".

:banghead:

 

[feedthehogs]

Just another reason to be well stocked at home with supplies already.

A few years back during one of our "minor " hurricanes, we lost power for 3 days. I was the only one for blocks that had enough supplies to wait at least a week before wondering where to shop.
This included a generator for power. My neighbors were panicking and swarmed my house for a hot cup of coffee.

The rules were:
1. No food or water to anyone unless a medical emergency.
2. Would be glad to store any medications that needed refrigeration but they couldn't be had after 11pm unless a life or death situation.

To my surprise some neighbors were irrate at my selfishness.
Including one who cussed my wife because we wouldn't let them borrow the gen set so their kids could watch TV.

These were all professional people also. Showed me and my wife alot that 3 days.

Moved since then to where the neighbors are farther away.

In a related conversation with what I thought was a good neighbor in the same setting who I used to go fishing with, we were discussing the preperations for hurricanes. He knew I was a hunter and shooter and I knew he had no guns because I used to take his kids shooting all the time.

I suggested that he buy a hand gun or rifle with a couple hundred rounds of ammo to protect life and property incase of a major hurricane hit and disaster followed.

He said no thanks, I'll come borrow one of yours.
No you won't I said. Its your responsibility to take care of you and yours, not mine.
Needless to say we parted company shortly there after.

 

[Richardson]

Feedthehogs,

It is amazing how many of my friends have no interest in buying any firearms, but say they're glad they know me because they can get some from me, in an emergency. I just smile and say, "I have more friends than guns".

Even with my desire to get fully supplied (I still need a generator and to increase my food & water resources), and realizing that it's my responsibility, I know that I'd probably not feel very kindly if one of my friends chose to leave me hungry during a crisis situation.

Richardson

 

[Leatherneck]

Last Saturday it became apparent that gas for the generator was going to determine how long we could stay at the cottage on the Bay. I was pretty busy clearing roads and driveways and helping neighbors patch up their places. Leatherness goes to a neighbor who has a fleet of trucks and inquires about any gas stations open in the county. She comes back with two five gallon containers of gas from neighbor's tank. He refused $20 for it, as did his son.

Thereby sentencing Leatherness to a drive to the county seat to the one station that was open on generator power and a wait of three hours. I wish the neighbor had taken the cash. Maybe there's a point of too much neighborliness?

TC
TFL Survivor

 

[TallPine]

And what about the North Carolina CCW law? Its pre-empted because the Governor says so?

Thats what happens when you ask permission to excercise a constitutional right.

But don't pay any attention to me, I'm one of those wierd "absolutists"

 

[Pilgrim]

Mayor Tom Bradley and Chief of Police Daryl Gates did essentially the same thing during the 1992 Los Angeles riot. No gun sales. No ammunition sales. No liquor sales.

My brother and his wife live in Huntington Beach, southwest of Los Angeles. They still don't own any guns, saying they will wait until the Taliban comes marching down Beach Blvd.

He too seems to be of the mentality that if he needs a gun he can borrow one from me. That is, if he is able to fight his way through 230 miles of civil disturbance to make it to my front door.

Pilgrim

 

[BerettaNut92]

Was there a 10-day wait period on guns back in 1992?

What does selling of alcohol have anything to do with emergencies? Molotov cocktails?

 

[greyhound]

What does selling of alcohol have anything to do with emergencies?

Well, the more I think of the gun thing it probably has to do with rioters and looters (and once again the law abiding citizen who wants to buy ammo to protect his property gets the shaft).

So maybe they feel if the folks get likkered up they're more liable to riot?

Not much trust of them regular folk by the gummint, is there?

 

[Navy joe]

Be discreet I guess. I carried more, not less during the most recent great hurricane that wasn't. I absolutely detest emergency power laws, from gun restrictions to curfews. They really show you that self reliance is not encouraged.

 

[Gordon Fink]

Was there a 10-day wait period on guns back in 1992?

Wasn’t it 15 days back then? It seems like California went down to 10 after the advent of NICS.

~G. Fink

 

[Sergeant Bob]

Be discreet I guess. I carried more, not less during the most recent great hurricane that wasn't. I absolutely detest emergency power laws, from gun restrictions to curfews. They really show you that self reliance is not encouraged.

It's like the media and govt's sooooo wanted it to be a cat 5. The media so they could sell commercial spots, and the govt so they could swoop down and save the terrified populace, emergency powers and all.

 

[greyhound]

They really show you that self reliance is not encouraged.

Navy Joe-

Yup!

Baaaaaaaaa.

Was listening to talk radio on the way home. Some nitwit had just got their power back, but was now enraged because they wouldn't tell him when the cable would be back.

Those of y'all not from around here can't imagine the atmosphere here right now. If they took a poll about whether the CEO of Baltimore Gas & Electric should be strung up from the nearest lamp post, lets just say that somebody would be a-swingin'.

 

[johnr]

It's like the media and govt's sooooo wanted it to be a cat 5. The media so they could sell commercial spots, and the govt so they could swoop down and save the terrified populace, emergency powers and all.

Sergeant Bob, that's my perception, too.

We live on the Georgia coast, and IMO, FEMA & GEMA use hurricanes as an excuse to ( try ) to order us peons around, and drive/fly the shiny new toys that our taxes purchased.

 

[Hkmp5sd]

I don't like the idea of a governor having the authority to ban anything during an emergency if that item was legal prior to the event. It would be interesting to find out if the Florida governor has that power given that the RKBA is in the Florida Constitution and the way the law is written, those that don't already have a gun can be exempted from the 3-day waiting period if there is some "emergency" where they would be in danger by not being armed for those three days.

 

[hammer4nc]

Here's the relevent passage from the NC statute:

§ 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.
(b) This section does not apply to persons exempted from the
provisions of G.S. 14-269 with respect to any activities
lawfully engaged in while carrying out their duties.
(c) Any person who violates any provision of this section is
guilty of a Class 1 misdemeanor. (1969, c. 869, s. 1; 1993, c.
539, s. 192; 1994, Ex. Sess., c. 24, s. 14(c).)

A state of emergency was declared on 9-11-01. At that time, my first question was: Does this declaration mean that CCW is now revoked? Apparently not, for there was no explicit statement made by any authorities regarding CCW holders. So, there are emergencies and emergencies.


So, the answer to Greyhound's initial question:

And what about the North Carolina CCW law? Its pre-empted because the Governor says so?

...apparently is "yes"; Tallpine's warning is operative.

Aside: I never ever hear these emergency declarations rescinded. For all I know, we have multiple layers of emergency declarations still in effect, under which a local le agency could legally invoke ccw ban if they felt the conditions warranted. Just one scenario.

Another aside: Much speculation about the details of terror condition "red". I'd wager that a "classified" proviso of a condition "red" declaration, would include a ban of all weapon carry, if not confiscation predicated on public safety. Otherwise known as martial law. I'd love to be shown evidence to the contrary, though.

 

[Sergeant Bob]

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.

I can't think of too many times when you might need a weapon more than these two scenarios!

 

[DMK]

This is one of those situations where if they wanted to harass you, they could. I live all the way on the other side of the state. The hurricane has had no direct effect on me we didn't even get any real hard rain.

However, if the governer declared a a state of emergency for NC, then technically the law can affect me. Of course, they love to do that whenever they can to get distaster relief funding.

I wonder though, whether such a technicality would stand up in court without any local situation that a reasonable person would call an "emergency".