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§ 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).)
Originally posted by thisguyrighthere
I recall them doing this recently in NC for a freak blizzard.
Seems it's some standard line in the states "emergency declaration" language so anytime the gov declares a state of emergency the 2nd is automatically suspended.
Complete bull if you ask me. Anybody bent on looting, robbing or whatever is just going to ignore the laws/rules anyway.
ETA:
It was a snow storm. Here's an article about it.
Makes one wonder how many other states have this same deal going. Not that it would necessarily prevent anyone from using a firearm in defense of self but it could certainly be used by an over-zealous government/authority to charge you with a crime you never figured existed in the first place.edit on 26-8-2011 by thisguyrighthere because: (no reason given)
Originally posted by grey580
reply to post by Hillbilly123069
§ 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).)
If you are home it's not a problem. It's only when you leave your own property that you can not carry a weapon.
Makes sense.
The "supremacy clause" is the most important guarantor of national union. It assures that the Constitution and federal laws and treaties take precedence over state law and binds all judges to adhere to that principle in their courts. - United States Senate[1]
This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
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.
Originally posted by littled16
I think they (meaning the state government of North Carolina) have overreacted by suspending gun rights during a state of emergency. They watched the whole Katrina mess on TV and got all paranoid. Not all state governments react this way (the police where I live encouraged us to use guns if we caught trespassers or thieves on our property after hurricanes Rita and Ike and actually asked us if we had enough ammo to get by for a while).
While I do believe the ultimate goal of our Federal government is to disarm the general public, I think this is just a case of a paranoid State government in action in this instance.
Originally posted by Praetorius
reply to post by grey580
Yeah. Because in a potential emergency situation with the likelihood of looting, you're never going to need to leave your home, and no one would ever consider attacking or robbing you while you're out and about...I'd hope.
I wonder what kind of possible statute they were operating under after Katrina when they were coming into homes and disarming people directly. At the very least, I hope they follow their own rules in this case and let the people at home stay armed...although the rest is pretty ridiculous as well.
And besides...how do you define "dangerous weapon". Damned near anything can be used as a weapon, to deadly effect.
Originally posted by thegoods724
THIS IS FROM 2010 FROM HURRICANE EARLE NOT THE CURRENT HURRICANE!!!
2010
WHATS THE BIG DEAL ITS OVER AND DONE WITH
Originally posted by ararisq
I feel anyone in NC can safely ignore this 'executive order' and take it to the Supreme Court if you run in to problems afterward. This infringes upon a right given to all citizens of the United States and the last time I checked North Carolina still fell within that jurisdiction.