King, NC declares state of emergency due to weather -- restricts gun rights

[jg0001]

Story link:
King, NC declares state of emergency due to weather -- restricts gun rights

Relevant item:

Effective Sunday afternoon, alcohol restrictions and a curfew were lifted. All other remaining restrictions would continue until Monday, said Paula May, King police chief.

Other restrictions include a ban on the sale or purchase of any type of firearm, ammunition, explosive or any possession of such items off a person's own premises.

And this is done in the name of safety for the citizenry.

While it is not shocking to me that gun & ammo sales get restricted during declared states of emergency (not that I agree with that one way or another, but it isn't a surprise), what IS shocking is:
(1) that this is a result of bad winter weather (i.e. not an evacuation level scenario) -- there are a ton of comments, some of which are supposedly from citizens, all of which are surprised that a state of emergency was declared; notes about downed trees and power outages are common, but no one seemed concerned about general safety due to the weather (re: guns, alcohol, or the curfew)

(2) that existing gun owners are being limited in where they can possess their guns (at home only)

Is there no leash on local law enforcement? Off the cuff, does this have standing if it were challenged in court (esp. after Katrina)?

 

[Technosavant]

I wonder if this is legal at all.

IANAL, but I have to worry when towns can just choose to ignore state law if they feel the desire. NC might have provision for this in their laws, but I don't think my state (MO) allows localities to decide they just feel like disallowing things like conceal-carry for kicks.

 

[oneounceload]

Taking the other side for a second - I'm seeing this rationale as a way to prevent folks from immediately buying a gun and going on a looting spree. Of course, IMO, folks who would do that are most likely already armed anyway

 

[longlane]

So. It's to protect the law-abiding...

From the law-abiding. Great. No more murders, rapes, house invasions, etc... We're set. We should have passed these law things years ago! Wait...we did? And it didn't work? How dare they! Guess we'll have to pass more.

 

[zxcvbob]

I wonder if this is legal at all.

IANAL, but I have to worry when towns can just choose to ignore state law if they feel the desire. NC might have provision for this in their laws, but I don't think my state (MO) allows localities to decide they just feel like disallowing things like conceal-carry for kicks.

Apparently, the gun ban during any declared state of emergency *is* a state law. Seems ripe for abuse unless "emergency" is clearly defined -- how about declaring an ongoing "global warming" (or the lack thereof) emergency? Or the war on drugs? Or terr'rism? Or the Heartbreak of Psoriasis?

 

[Tom Servo]

It appears that the local government is violating state law:

North Carolina General Statute § 14-415.23 provides that no political subdivisions, boards, or agencies of the state nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun. A unit of local government may, however, adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun in local government buildings, their appurtenant premises, and parks.

Effective June 21, 1996, a new Article 53B was enacted which provides that with certain exceptions, the field of firearms regulation is preempted from regulation by local governments. A county or municipality may regulate or prohibit the sale of firearms at a location only if there is a lawful, general, similar regulation or prohibition of other
commercial activities at that location.

 

[maestro pistolero]

They are a little behind the times, eh??

 

[rantingredneck]

I don't have the time at the moment to dig it up but there is a provision in state law banning the carrying of firearms off your property during a declared state of emergency. The angle under discussion on our local board seems to be who has the authority to declare such an emergency and does the state of emergency as declared have to specifically ban the carrying of firearms? This is an important point in a state where the governer declares a state of emergency if someone puts an inflatable snowman on their lawn (an obvious exaggeration but this state goes into a panic when there's snow).

 

[robfromga]

So onceloaded....they're going to legal go buy a firearm before they go rob people and loot? I guess all the criminals will register their guns too. That's screwy logic at best.

 

[Smilin Jack]

The local government can do pretty much as they please during an "emergency". To get a better idea what in store for all of us check out The Great New Orleans Gun Grab at http://neworleansgungrab.com/ . Google Katrina - Algiers Point or Katrina - New Orleans Police ......and take notes.

 

[pax]

Actually, I am not entirely sure which is more pathetic: the disgustingly *STUPID* idea that the presence of danger means that everyone in the area should immediately make themselves helplessly unable to protect or defend themselves and their families, or the equally stupid idea that a little bit of snow equals such an extreme state of danger that it immediately requires the government to rush in and burn stacks of money in order to warm the place up a bit.

pax

 

[sholling]

I suspect that the law they used is now an endangered species.

 

[4V50 Gary]

The restriction smacks of New Orleans and I hope it gets the smack down by the courts.

 

[markj]

This law says no driving and no carring a gun in a vehicle, moot point. Cant drive anyway.... Lots of snow, didnt they get like 2 ft? I for one would be at home in front of a fire not caring bout it much.

 

[CelticWolf]

And these laws are made by people who usually have armed entourages that will be the exception to the law because they are "Holier than thou"

 

[sakeneko]

"Pathetically stupid" is about the size of it. :/ In conditions like that, from what I've seen of North Carolina you'd be better off staying home anyway. The locals aren't used to this amount of snow and I'd expect there to be a bunch of accidents. But if I *had* to go out, I'd really prefer not to have to do so unarmed, especially when police response times will be measured in hours instead of minutes. The bad guys will not be leaving their guns at home, and some of them might just want to take advantage of conditions.

 

[MTT TL]

After Katrina many states adopted laws and constitutional amendments preventing this very thing. Guess NC needs to catch up.

 

[RedneckFur]

And to think I got yelled at my by supervisor this morning for not going to help in this "state of emergency".

 

[longlane]

"...at home in front of a fire not caring bout it much."

And that, my dear grandson, was how we lost our right to bear arms.

That said, I'm still trying to figure out what I can do to help prevent this. NRA & ILA--check. Active, informed voter--check. Twitter, Facebook, email to keep others abreast of such news, but what else? If you've ideas, I'd like to hear them here or at this thread http://www.thefiringline.com/forums/showthread.php?t=393382

Note: Not an attack on any one person, just an excellent example of how rights slowly erode. Until we (voters, citizens, etc.) agree to not allow this very sort of erosion, we are most certainly headed towards losing many rights, but I apologize for preaching to the choir.

 

[rantingredneck]

Guess NC needs to catch up.

Not to get too far off the rails into politics-land (and if I do I'm sure the Mods will rightfully correct me), but Raleigh, NC is the "Chicago of the South" at the state level. Our national tendencies (in normal times) are often the opposite what we typically send to the legislature and the Governor's mansion. As a result, we have very screwed up gun laws for what most would think is a southern, conservative state.

This State of Emergency nonsense, Handgun Purchase Permits, a CHL law that has so many restrictions to where you can carry many say it's not worth the process, screwy knife laws, you name it.......

You even need a handgun permit to purchase a crossbow in this state (NO, I'M NOT KIDDING!)

Yes, we have a lot of catching up to do. No, I don't see it happening under our current state administration or legislature and given the single party rule nature of our state it ain't likely anytime soon.