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North Carolina Gun Ban During Hurricane Earl
September 3, 2010Permalink
Hurricane Earl exposed a potentially dangerous law in North Carolina, and may be lurking in your state as well. When North Carolina governor Beverly Perdue declared a state of emergency prior to the onset of Hurricane Earl, among other things it triggered general statute 14-288.7 which suspended the rights of lawful citizens to carry firearms outside their premises for protection of their life or property.
§ 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).)
Given the fact that during a disaster we nearly always witness looting and criminal activity from the bottom dwellers of society looking to take advantage of the situation, this is the precise time when lawful citizens need to be on their guard to protect themselves, family, and property. It is absolutely astounding to me how a government body would willfully and purposefully strip a citizenry from their lawful right to protect themselves in this manner.
The criminal element of any society by very definition choose to not obey laws imposed upon them. Therefore, in this particular instance within North Carolina, the citizenry is placed under increased danger in an already dangerous situation when they need protection the most.
I realize that not everyone believes in gun ownership and I know that there are those that are simply afraid of guns in general, no matter who has them (criminals or law abiding citizens). Some people are purely pacifists by nature and are willing to succumb to a violent situation if encountered. They rest their hope of rescue on the authorities of government. This is their choice, one which I do not argue because people are who they are, and I respect that fact.
However, when analyzing the sanity of such a law as this North Carolina statute 14-288.7, the illogical nature of it is simply dumbfounding. A person who has legally obtained the permission to carry a firearm, suddenly cannot carry it, because there is a state-of-emergency? This is probably the precise time when it is extra important for that person to be carrying a firearm. Yes? For those opposed to firearms, just think about the logic for a moment. A citizen, trained and licensed to carry a firearm, who is considered safe to do so by the State, suddenly cannot do so… because something changes with that person during a state of emergency making it unsafe? Sorry but, I just don’t get it.
In any event, it struck me as an important notation for the survival minded community. You might want to find out if your state has a similar law during a declared state of emergency, which will affect you (if you are a gun owner) in a time of disaster.
Disasters bring out the best in people and also the worst. There will always be a bad element of society which will try and take advantage of those around them during opportunistic situations. It is your obligation as a human being to protect yourself and your life. What gives a government the right to strip you of your ability to protect yourself. Fortunately in the U.S. we have the 2nd Amendment to the U.S. Constitution, giving its citizens the right to keep and bear Arms. The current North Carolina law is being challenged in court.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
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“Fortunately in the U.S. we have the 2nd Amendment to the U.S. Constitution, giving its citizens the right to keep and bear Arms. The current North Carolina law is being challenged in court.”
The US Constitution takes a back seat when our country is in Martial Law.
Notice the yellow fringe on the flag in the courts. That means Martial Law is in effect in that court.
I wish the gun owners of North Carolina luck in this challenge. Keep up the good fight.
Boots
Your statements are in line with mine. That there is an antecedence, a primo, or base foundation to statements to follow in the deftly written language presented as a “Bill of Rights”. Please bear with me as this is the truth of the paradox of the writing of laws. This has been picked apart for the use of debate largely in courts as it is in short double talk or written as a compromise and inherently grey or rather imprecise in what seems at first glance straight forward. The foundational system is the organization of legislature to put a Big But.. into Bill as it was in this case the 2nd Amendment. Most people have never looked at or read it so I quote… 2nd Amendment… “A well regulated militia, , being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” … So there it is. The premise of this statement comes from the antecedence. In this case a well regulated militia… All that follows is subject to that. ” being necessary to the security of a free state “. Here we have No capital letters there could have been a version that had five. The most key being free state; there is no specific out lay of black and white intent, except that it is positioned after the primo statement and hence carries secondary weight. I hope that our intelligentsia, our most capable readership do not need all of the nuances explained form here on out. You get the picture, each comma-no capital letters and diminishing value of merit as this near run on sentence continues… ( free state; not a Free State; or a free State, or a Free state… ) Next in this down play is “the right of the people to keep and bear arms, ” Which people ?, By here we have the third least in value aspect statement saying that a militia, that is a necessary militia, necessary for an ambiguous free state ( Say your state of mind, or free land in some condition or state. ) Are you in this flow? I’m not the anti-gun law persona, any of you that have read “Otter” knows that: so no negative feedback, please just read and learn. The closure a cloture; ” shall not be infringed.” , is of least relevance and is subject to all of the four prior statements with there complete vagaries. Grey areas written in legalese to appease the legislature and therefore gain passage and subsequent ratification. The end all of this is see how portions and placement are why these things can so easily be ignored. They really, really, really, don’t exist in the first place. what we have is a “Republic divided into “States”, that have a Federal “militia” or bringing it home, “Alphabets” ( F.B.I. , S.S., A.T.F, D.E.A. so on… ) and then State Police with their specialists, followed by the least powerful in this pyramid all of the local branches with their different names depending on your location. Them with their versions of S.W.A.T. etc… Well, there it is a 2nd Amendment over-view with it’s none existent right for “The People” to have or bear arms. That’s how so many laws in so many states have created battles 2nd Amendment rights only to fail. The chipping away continues and bottom line this is during times with no extenuating circumstances like martial law. In complacent belief of the deliberate semantics of a diminishing statement gives “The People” the exclusion of the “Right”. That again isn’t my belief system it’s just an edification I hope, you will, having read gleaned why it is that we don’t trust Government to legislate to protect us from ourselves… Survive-All…
Otter’s- P.S.-From prior… ( “what we have is a “Republic divided into “States” , that have a Federal “mIlitia” … ) By this if it wasn’t clear enough I mean the Armed Forces of the U.S… Followed by Federal law enforcement, then State, then Local Law…
Survive-All…
I live in Georgia, and after reading this I looked up our own laws regarding this. Georgia has law that, during an emergency, specifically guards citizens rights to carry their firearms on their person. Wooo!! One of the great things about living in a southern state like Georgia.
That’s actually pretty cool… Those situations are when the honest man needs it the most too. Nice.
Deputize non-criminal citizens with guns.