Friday, September 03, 2010

North Carolina Governor Suspends Gun Rights

North Carolina Governor Suspends Gun Rights
State of Emergency Order makes criminals of concealed handgun permit-holders, sport shooters, and hunters.

A commentary by J. D. Longstreet

The democrats just never learn! Here they go again, right here -- in my state of North Carolina -- ignoring the US Constitution and making up the law as they want.

Paul Valone of the Charlotte Examiner writes the following: “Yesterday, North Carolina Governor Beverly Perdue signed Executive Order No. 62, declaring a State of Emergency in advance of Hurricane Earle. In doing so, Perdue suspended the right of state residents to use or carry firearms outside their premises.
At issue is N.C. General Statute
14-288.7, which prohibits transporting a “dangerous weapon” during a state of emergency:

§ 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).)

According to
§ 14 288.1 (10), a state of emergency exists “whenever, during times of public crisis, disaster, rioting, catastrophe, or similar public emergency, public safety authorities are unable to maintain public order or afford adequate protection for lives or property, or whenever the occurrence of any such condition is imminent.”

Violation of the order is a Class I misdemeanor, punishable by up to 120 days in jail. Those impacted include concealed handgun permit-holders, sport-shooters, and anyone else carrying a firearm outside their home or business. Critics note that dove-hunting season begins on Saturday (September 4), potentially making criminals of thousands of hunters.” (SOURCE)

Democrats control North Carolina’s Legislature and the Governor’s office. And they are, for the most part, “Obama Democrats.” We think that explains why, with all the evidence pointing to the fact that this law is unconstitutional; the NC legislature will not correct it.

Mr. Valone continues: “Ironically, in June GRNC joined Michael Bateman, Virgil Green, Forrest Minges, Jr., and the Second Amendment Foundation in a lawsuit against the state’s emergency powers gun ban.

Named in the suit are North Carolina Gov. Beverly Perdue; Reuben Young, secretary of the Department of Crime Control and Public Safety; Stokes County and the City of King.

Filed in U.S. District Court for the Eastern District of North Carolina, the official title is Bateman et al v. Perdue et al, Case No. 5:10-cv-265. It contends that state statutes forbidding carrying of firearms and ammunition during declared states of emergency, as well as laws enabling government officials to prohibit purchase, sale and possession of firearms and ammunition are unconstitutional because they forbid the exercise of Second Amendment rights as affirmed by the Supreme Court ruling in McDonald v. Chicago.

Plaintiffs are represented by attorney Alan Gura, who won the recent McDonald v. Chicago Second Amendment case and the landmark D.C. v. Heller case preceding it. Local counsel includes Andrew Tripp and Kearns Davis of Brooks, Pierce, McLendon, Humphrey & Leonard, LLC.

After GRNC issued an alert to its members, word of the implications of Perdue's order spread on the Internet, including being featured on It is widely anticipated that the order will add impetus to the Bateman lawsuit.” (SOURCE)

By the way, the GRNC is “Grass Roots North Carolina.”

Tomorrow Dove hunting season opens in North Carolina. If that State of Emergency Order isn’t lifted before then, the fields of North Carolina will be crawling with thousands of Tar Heel criminals who have no intention of allowing one of the worst governors the state has ever had, an Obama democrat to boot, stand in the way of their annual hunting event.

This is just something else Tar Heel voters should “Remember in November.” Throw every democrat on the ballot out!

J. D. Longstreet

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