state of emergency declared in NC
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gc70
Member
The county I live in is subject to a 'State of Disaster' for the next month because it rained a lot last week and there was some isolated flooding. Such declarations are routinely made to qualify areas for federal or state funds. Of course, there is no actual or potential breakdown in the ability of the authorities to "maintain public order or afford adequate protection for lives or property."
Of course, the real kicker is how a 'state of emergency' is generally declared for the state:
Since I can find no evidence that the proclamations are actually terminated, we may live in a permanent state of emergency.
Of course, the real kicker is how a 'state of emergency' is generally declared for the state:
Since I can find no evidence that the proclamations are actually terminated, we may live in a permanent state of emergency.
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
H 1
HOUSE BILL 310
Short Title: No Seizure of Lawful Firearms in Emergency.
(Public)
Sponsors:
Representatives Cleveland, Hilton, Moore (Primary Sponsors); Barnhart, Blackwood, Brown, Current, Folwell, Frye, Holloway, Justus, Killian, Langdon, Lewis, McGee, Neumann, Pate, Samuelson, Setzer, Thomas, Tillis, and Walend.
Referred to:
Judiciary II.
February 22, 2007
A BILL TO BE ENTITLED
AN ACT clarifying that lawfully possessed firearms, ammunition, and ammunition components may not be seized during a declared state of emergency.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 166A‑3 reads as rewritten:
"§ 166A‑3. Limitations.
Nothing in this Article shall be construed to:
(1) Interfere with dissemination of news or comment on public affairs; but any communications facility or organization, including but not limited to radio and television stations, wire services, and newspapers, may be requested to transmit or print public service messages furnishing information or instructions in connection with an emergency, disaster or war; orwar.
(2) Limit, modify modify, or abridge abridge, except as provided in subdivision (3) of this section, the authority of the Governor to proclaim martial law or exercise any other powers vested in him under the Constitution, statutes, or common law of this State independent of, or in conjunction with, any provisions of this Article.
(3) Authorize the taking, confiscation, or seizure, of lawfully possessed firearms, ammunition, or ammunition components."
SECTION 2. Article 36A of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑288.1A. Limitation.
Nothing in this Article shall be construed to authorize the taking, confiscation, or seizure of lawfully possessed firearms, ammunition, or ammunition components."
SECTION 3. G.S. 14‑288.7 reads as rewritten:
"§ 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; exists, unless the dangerous weapon transported or possessed is a firearm, ammunition, or an ammunition component; 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."
SECTION 4. G.S. 14‑288.12(b) reads as rewritten:
"(b) The ordinances authorized by this section may permit prohibitions and restrictions:
(1) Of movements of people in public places;
(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 Subject to G.S. 14‑288.1A, 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."
SECTION 5. This act becomes effective December 1, 2007
SESSION 2007
H 1
HOUSE BILL 310
Short Title: No Seizure of Lawful Firearms in Emergency.
(Public)
Sponsors:
Representatives Cleveland, Hilton, Moore (Primary Sponsors); Barnhart, Blackwood, Brown, Current, Folwell, Frye, Holloway, Justus, Killian, Langdon, Lewis, McGee, Neumann, Pate, Samuelson, Setzer, Thomas, Tillis, and Walend.
Referred to:
Judiciary II.
February 22, 2007
A BILL TO BE ENTITLED
AN ACT clarifying that lawfully possessed firearms, ammunition, and ammunition components may not be seized during a declared state of emergency.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 166A‑3 reads as rewritten:
"§ 166A‑3. Limitations.
Nothing in this Article shall be construed to:
(1) Interfere with dissemination of news or comment on public affairs; but any communications facility or organization, including but not limited to radio and television stations, wire services, and newspapers, may be requested to transmit or print public service messages furnishing information or instructions in connection with an emergency, disaster or war; orwar.
(2) Limit, modify modify, or abridge abridge, except as provided in subdivision (3) of this section, the authority of the Governor to proclaim martial law or exercise any other powers vested in him under the Constitution, statutes, or common law of this State independent of, or in conjunction with, any provisions of this Article.
(3) Authorize the taking, confiscation, or seizure, of lawfully possessed firearms, ammunition, or ammunition components."
SECTION 2. Article 36A of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑288.1A. Limitation.
Nothing in this Article shall be construed to authorize the taking, confiscation, or seizure of lawfully possessed firearms, ammunition, or ammunition components."
SECTION 3. G.S. 14‑288.7 reads as rewritten:
"§ 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; exists, unless the dangerous weapon transported or possessed is a firearm, ammunition, or an ammunition component; 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."
SECTION 4. G.S. 14‑288.12(b) reads as rewritten:
"(b) The ordinances authorized by this section may permit prohibitions and restrictions:
(1) Of movements of people in public places;
(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 Subject to G.S. 14‑288.1A, 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."
SECTION 5. This act becomes effective December 1, 2007
Many states have "keep it at home" laws on the books for declared State of Emergency situations. Folks might want to mine their own state laws to find out if such are buried there.
TN put new laws in place after Katrina to make sure that confiscation would not be permitted and possession/carry could not be infringed by the Governor in such instances.
TN put new laws in place after Katrina to make sure that confiscation would not be permitted and possession/carry could not be infringed by the Governor in such instances.
romma
Member
It sounds like the two laws contradict each other.
phoglund
Member
Montana Code Annotated:
10-3-303. Declaration of disaster -- effect and termination. (1) A state of disaster may be declared by the governor when he determines that a disaster has occurred.
(2) An executive order or proclamation of a state of disaster shall activate the disaster response and recovery aspects of the state disaster and emergency plan and program applicable to the political subdivision or area and be authority for the deployment and use of any forces to which the plans apply and for the distribution and use of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to parts 1 through 4 of this chapter or any other provision of law pertaining to disaster and disaster-related emergencies.
(3) A state of disaster may not continue for longer than 30 days unless continuing conditions of the state of disaster exist, which shall be determined by a declaration of a major disaster by the president of the United States or by the declaration of the legislature by joint resolution of continuing conditions of the state of disaster.
(4) During a state of disaster all law abiding citizens of the state of Montana are required to arm themselves as they see fit and shoot to kill any "scurvy dogs" found looting or otherwise taking immoral advantage of the situation.
Okay, so I added #4. Point is there is no mention of firearms or any other restrictions on the citizens of the state in this Montana statute or any of the others I could find related to disasters or emergencies.
10-3-303. Declaration of disaster -- effect and termination. (1) A state of disaster may be declared by the governor when he determines that a disaster has occurred.
(2) An executive order or proclamation of a state of disaster shall activate the disaster response and recovery aspects of the state disaster and emergency plan and program applicable to the political subdivision or area and be authority for the deployment and use of any forces to which the plans apply and for the distribution and use of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to parts 1 through 4 of this chapter or any other provision of law pertaining to disaster and disaster-related emergencies.
(3) A state of disaster may not continue for longer than 30 days unless continuing conditions of the state of disaster exist, which shall be determined by a declaration of a major disaster by the president of the United States or by the declaration of the legislature by joint resolution of continuing conditions of the state of disaster.
(4) During a state of disaster all law abiding citizens of the state of Montana are required to arm themselves as they see fit and shoot to kill any "scurvy dogs" found looting or otherwise taking immoral advantage of the situation.
Okay, so I added #4. Point is there is no mention of firearms or any other restrictions on the citizens of the state in this Montana statute or any of the others I could find related to disasters or emergencies.
SCKimberFan
Member
Here is a chance for a "Heller" vs NC suit. Someone needs to get arrested for carrying a gun during the "state of emergency", then claim the 2A violation as your defense. Any takers?
rantingredneck
Member
So, technically, anyone who goes into a gunshop today and purchases a firearm and takes it home is in violation of the law..........
Yes, this law needs changing.
Yes, this law needs changing.
arthurcw
Member
Amen. At the time, I had nothing. I was not a gun nut... I mean firearms enthusiast then. Now, it would take a forced evac to get me to move and then I ain't doin' it with out a long gun to go along with my CCW.
The law is full of total Epic FAIL! I hope you guys get that changed.
DaveInFloweryBranchGA
Member
This is why I left my home state of North Carolina, moved to Georgia and have no plans of ever going back. I got sick of the commie bastards that ran the place. Between the highway patrol acting as tax collectors and the ridiculous laws, a man can't live free there. Georgia is much better that way. Not to mention the ridiculous levels of taxation North Carolina now has.
I don't miss the government there.
Dave
I don't miss the government there.
Dave
SCKimberFan
Member
Loosedhorse posted:
Read it again, it says OFF your premises.
Read it again, it says OFF your premises.
Loosedhorse
member
I may take my own chances...
but I wouldn't gamble with the safety of my family in such a time.
"...public safety authorities are unable to maintain public order or afford adequate protection for lives or property..."?
Sounds EXACTLY like the time when I'd be loading MORE firearms, not figuring out how to "unpossess" them. I don't go looking for trouble, but I'm not going to let it find me helpless: that would be reckless and irresponsible.
but I wouldn't gamble with the safety of my family in such a time.
"...public safety authorities are unable to maintain public order or afford adequate protection for lives or property..."?
Sounds EXACTLY like the time when I'd be loading MORE firearms, not figuring out how to "unpossess" them. I don't go looking for trouble, but I'm not going to let it find me helpless: that would be reckless and irresponsible.
Loosedhorse
member
SCKimbefan--Thanks.
Have edited my first post to reflect my adjusted reality.
Have edited my first post to reflect my adjusted reality.
So what's to stop the Government from declaring a state of emergency first.... before declaring Martial Law? Wouldn't that in affect disarm us of our 2nd amendment rights for the very reason the 2nd amendment was created?
'Nice catch-22 there Government.
'Nice catch-22 there Government.
You must have missed the videos of thugs robbing and beating along the highways during the Katrina evacuation.
I should be, but am not, surprised that anyone reading these forums, other than members of the Brady bunch, would not consider that one of the primary purposes of owning a gun is to provide for the safety and security of one's family.
danmoultrie
Member
I know at least 40 people who violated this law at our CCW class on Saturday... Back up the patty wagon.
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