King NC State of Emergency Declaration

[hawk962]

This is not far from us. The state of emergency banned moving about outside of your private property with a gun.

ttp://www.wxii12.com/news/22487153/detail.html

KING, N.C. -- Authorities lifted a curfew and alcohol restrictions in King on Sunday, but said a state of emergency declaration remained in effect until Monday.

Authorities said the state of emergency declaration would continue until Monday 9 a.m., barring any unforeseen circumstances or severe changes.

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.

Also on Sunday, the emergency shelter established by the American red Cross at West Stokes High School was closed.

"We appreciate the support and cooperation of everyone with our efforts to keep the citizens of King safe," May said.

The state of emergency was declared Friday due to severe weather.

[cpd109]

Originally posted by hawk962
This is not far from us. The state of emergency banned moving about outside of your private property with a gun.

ttp://www.wxii12.com/news/22487153/detail.html

KING, N.C. -- Authorities lifted a curfew and alcohol restrictions in King on Sunday, but said a state of emergency declaration remained in effect until Monday.

Authorities said the state of emergency declaration would continue until Monday 9 a.m., barring any unforeseen circumstances or severe changes.

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.

Also on Sunday, the emergency shelter established by the American red Cross at West Stokes High School was closed.

"We appreciate the support and cooperation of everyone with our efforts to keep the citizens of King safe," May said.

The state of emergency was declared Friday due to severe weather.

What authorities issued this kind of an order. It is a little different from NO since they aren't going house to house for guns. But still, why no carry order? And who, under what authority issued it?

[hawk962]

I think it was declared by the mayor of king according to some comments I saw in response to the article on the news station's website. I don't know if this is covered under a NC GS but I plan on digging around to find out some more info.

[RG Coburn]

So when it snows,people in N.C. get drinking and running about with shootin' irons?

[WarriorPoet]

Hmmmm.......

Sounds like someone should get the NRA, GOA, or NC gun rights/lobby groups to file a lawsuit.

Seriously.

Also, the NC legislature needs to be lobbied to pass a law forbidding this type of action.

This needs immediate smack-down attention.

Perhaps every NC member on this board should copy/paste this email and fwd it to their reps.

-WP

[hawk962]

Page 23 references N.C. Gen. Stat. 14-415.11, which covers the state of emergency ban. It trumps a CCW too.
Now I am curious as to whether all or most states have this in place.

http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf

5. Areas of Emergency and Riot
It is also a misdemeanor under North Carolina law for a person to transport or
possess, off his or her own premises, a dangerous weapon in an area during a declared
state of emergency, or in the vicinity of a riot. N.C. Gen. Stat. § 14-288.7 A concealed
handgun permit does not allow a permittee to carry a weapon in these areas. N.C. Gen. Stat. § 14-415.11(c)

[WarriorPoet]

Thanks for posting that info. I had no idea!

Shite!

In case of emergency - stay safe at home.......or become a victim (or criminal!) if you need to step foot off your property to seek food/water/shelter/assistance.

Unbelievable!



-WP

[Manedwolf]

If that police chief isn't kicked out of office and sued to hell and back, I don't know what to say.

Just more evidence that you need to HAVE guns and ammo stored away. Stock up!

And also, as to venturing out armed if you need to get supplies? Concealed means concealed. When laws become that unjust, well...it's up to you. You're not being immoral by quietly breaking them for the safety of your family. The law itself is not only misguided, but immoral, and has no consequence but the endangering of innocents. Criminals will certainly not follow it!

[Survey Punk]

NCRPA Board of Directors meeting this Sunday. I'll bring this up for discussion.

JB

[hawk962]

I had no idea that little caveat was in there either. Just started looking around to see where they found the legs for the gun restriction in their SOE declaration.

JB,
Please post anything you are able to find out. This is not good!

[WarriorPoet]

OH, SWEET!

The story is near the top/left of the DRUDGEREPORT website!!!

Survey Punk - please let us know how/what is discussed when you bring this up. I'll see what I can do, if anything, locally through Friends of the NRA.

-WP

[hagar]

I just received a reply from a buddy of mine, who is a pro gun attorney in NC, and also one of the best shots I have ever known (sorry Moses ).

If you read 14-288.7 there is an exception for "(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." 14-269 is our statute prohibiting the carrying of concealed weapons and in there, there is an exception for " (2) The deadly weapon is a handgun, and the person has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14-415.24." The problem I see is that 14-288.7 references "while carrying out their duties" which, to mean, probably means the legislature only intended that exception to apply to LEOs, etc. But, if you look at the legislative history of those two laws, you will notice that 14-288.7 was enacted in 1969, well before we had our CCW permits and thus the exception to 14-269 so I would certainly argue that the exception applies to CCW permit holders as well.

[hawk962]

hagar,
That sounds like a good argument. What really irks me about this? It is an argument we, as law abiding gun owners should not have to deal with at all.


Look at the law from Missouri a guy showed me earlier.

Section 101 chapter 44. Plain, simple and to the point. I think we need this instead of the knife in the back we got from the raleigh gang.

http://www.moga.mo.gov/statutes/c044.htm

44.101. The state, any political subdivision, or any person shall not prohibit or restrict the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during an emergency.

[Manedwolf]

Originally posted by hawk962
hagar,
That sounds likea good argument. What really irks me about this? It is an argument we, as law abiding gun owners should not have to deal with at all.


Look at the law from Missouri a guy showed me earlier.

Section 101 chapter 44. Plain, simple and to the point. I think we need this instead of the knife in the back we got for the raleigh gang.

http://www.moga.mo.gov/statutes/c044.htm

44.101. The state, any political subdivision, or any person shall not prohibit or restrict the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during an emergency.

NH made it a crime for anyone, including a law enforcement officer, to try to confiscate legally owned weapons, ammunition or components in any emergency.

[hawk962]

One more reason in the ever growing list to move outta here...
I really like where we live and the folks around us too, but this crap is well, just crap

[mosbysmen]

louisiana after katrina passed a law saying citizens can not be disarmed during a emergency .

every state should pass this kind of law , i make it a point to remind people that it is illegal for cops to disarm them durning emergencys.

[hawk962]

I've been digging around some and it looks like Tennessee passed a similar law to the one in Lousiana protecting the rights of citizens. I checked the Code of Virginia, specifically Title 44 and couldn't find anything one way or the other.

[K. Funk]

Somewhere in my pack of stuff, I do remember reading in the PA State Police manual to FFL's that if the Governor declares a certain type of emergency, I will be required to remove my firearms from sale and safely secure them. As far as I know, this has never been invoked in PA.

krf

[Survey Punk]

Spoke, yesterday, to another board member who is closer to the law than I am. This is not new. this is one of those provisions that has been on the books for a long time and won't go away unless the law is changed. It is similar to the old law whereby the county sheriff issues permits to purchase a handgun and is a throwback to the Jim Crow days.
Looks like I'm not going to make the meeting this weekend due to wife's birthday but am assured of a complete report of the proceedings.
You local guys could do worse than support the NCRPA. We do keep people in Raleigh that have a sharp eye on the legislature and are on top of things like this. My contact was well aware of what was going on when I contacted her. This incident may open the door to some constructive change in policy. Anybody that wants a copy of the news letter PM with your mailing address and I'll shoot you one. Otherwise see http://www.ncrpa.org/
By the way, my contact is the author of my sig line and is a recently retired professor, in the Criminal Justice Dept. at Pembroke University.

Thanks All,
JB

[flopshot]

Originally posted by RG Coburn
So when it snows,people in N.C. get drinking and running about with shootin' irons?

nah, we do that all the time. the problem with snow the the trash get's restless because they don't want to go out and clean off the sattelite dish.
toss in the fact that they can't get to the waffle house and you get armegedon.

[Bigger_Is_Better]

I think we passed that law in Missouri right after Katrina and the uproar about the gun confiscations.

Aaron

[hawk962]

I wrote a letter to my representives today to let them know I was concerned and asked that they work to change our current law. I cited the Missouri and Tennesse statute changes as excellent examples of elected representives taking action to protect the 2nd amendment rights of their constituencies.

[hawk962]

Here's a follow up article for your reading pleasure...

http://www.wxii12.com/news/22487153/detail.html

KING, N.C. -- Residents in King were fumed over the weekend after a state of emergency declaration restricted the sale of alcohol and the carrying of firearms in vehicles.

King Police Chief Paula May said she’s received hundreds of threats related to the restrictions, which banned driving from 12 a.m. Sunday to 5 a.m.

The state of emergency for King was declared by members of the City Council after Stokes County authorities also declared a state of emergency.

Under North Carolina law, May said, when a state of emergency is put into place that includes a ban on driving, the carrying of firearms in vehicles is also banned. The King city curfew banned the sale of alcohol.

“I think there’s been some misinterpretation that I personally have declared martial law and taken away people’s right to bear arms and that’s erroneous,” May told WXII reporter Jermont Terry. “By law, statute 14-288.7 automatically went into effect. And that law which goes into effect when there’s a state of emergency prohibits the transportation, purchase sale and possession of firearms other than on one's own premises.”

The news of the ban created a firestorm of criticism.

“This is absolutely the craziest thing I have ever heard. So far fetched that I am speechless!” one post on WXII12.com read.

“This has to be the most ridiculous event of the century!!!!! This is the ultimate denial of liberties for the most asinine reason...bad weather!!!” another poster wrote.

May said officers did pull people over who were in violation of the curfew driving ban, but no tickets were issued. We did find some people on the streets,” May said. “We didn’t take any enforcement actions. We spoke to the people driving and helped them to get to where they needed to be.”

May wouldn’t give details on the types of threats other than to say they had been phoned, faxed and e-mailed.

“We have to take them all serious and we’ll investigate to the best of our ability and determine the source of those threats,” she said.

The state of emergency was lifted Monday morning.

[MtnWulf]

Sorry Hagar, but I looked up the statute and it specifically mentions concealed carry.

5. Areas of Emergency and Riot
It is also a misdemeanor under North Carolina law for a person to transport or
possess, off his or her own premises, a dangerous weapon in an area during a declared
state of emergency, or in the vicinity of a riot. N.C. Gen. Stat. § 14-288.7 A concealed
handgun permit does not allow a permittee to carry a weapon in these areas. N.C. Gen.
Stat. § 14-415.11(c)

I had dinner tonight with a couple who teach concealed carry classes and this is the first they ever heard of it.

We need to get the NCRPA and Grassroots NC on this immediately.

I WILL be sending a letter to my representatives and intend to do what I can to make this a campaign issue this year.

[Survey Punk]

Exactly! Flood your reps with concise, non threatening letters or email.
It's a matter of changing the law. If you run into roadblocks let me know.
Remember it was our Darling Governor that first declared the State of Emergency to make sure the wheels of government could be properly greased if the feces really hit the impeller.
Good thing Sen. Basnight's restaurant didn't burn down... again.

JB

[Abominog]

Clearly, a violation of 2A.

Somebody in the area needs to walk down the street with a 1919a4 for bait. Don't drive, that's forbidden. Walk.

[Survey Punk]

Originally posted by Abominog
Clearly, a violation of 2A.

Somebody in the area needs to walk down the street with a 1919a4 for bait. Don't drive, that's forbidden. Walk.

Visions of Sgt. Rock. Buddabuddabuddabudda!

JB

[hawk962]

1919a4

Crowd pleasers!

[MordeanGrey]

Kansas passed a law in 2008 to prevent the type of firearms abuses that happened in New Orleans after Katrina.

Kansas Governor Signs Two Pro-Gun Bills into Law!

Monday, April 21, 2008

Please Thank the Governor Today!

Today, Monday, April 21, Governor Kathleen Sebelius (D) signed two important pro-gun bills into law.

The first, House Bill 2280, will protect law-abiding gun owners’ right to bear arms, and would prevent the confiscation of firearms during a state of emergency, such as occurred following Hurricane Katrina and after the tornado devastation in Greensburg.

Also signed was Senate Bill 46, legislation that will allow Kansas firearm retailers, manufacturers, importers and citizens qualified under the National Firearms Act to sell, manufacture, import and own NFA firearms.

[akajun]

Ill probably get flamed for this but While I dont agree with the firearms restrictions, I do agree with the alcohol sales and curfews.

As someone who has had two patrol Katrina, without restrictions, and Gustav, with restrictions, the curfew and alcohol ban really cut down on our disturbance calls and looting problems. No "citizen" was ever arrested for a curfew violation. Did allow us to check people we knew had no reason to be out and were up to no good.

[hawk962]

OK, looks like a bill to prevent this type of gun restriction had already been introduced in 2009. HB257

Brace yourselves because you won't believe this. It was denied a hearing by the NC DEMOCRATIC LEADERSHIP, House Majority Leader Hugh Holliman, Speaker Joe Hackney, and Judiciary Committee Chairman Ronnie Sutton.

Here's the story from the Raleigh Examiner by Paul Valone:

http://www.examiner.com/x-2698-Charl...and-ammunition

On Friday, February 5, the city of King, North Carolina responded to heavy snowfall in the area by using a 40-year-old statute to ban the sale and possession, outside the home, of all firearms and ammunition. The proclamation was reportedly made by Mayor Jack Warren and posted in area restaurants and businesses.

Effective through yesterday (Monday, February 8), the state of emergency imposed on residents reportedly contained the following restrictions:

12:00am-5:00am curfew

No sale, consumption, transportation, or possession of alcoholic beverages during the state of emergency in the City of King

No firearms, ammunition, or explosives to be sold, purchased, or carried.

Restricted access to areas as deemed appropriate by law enforcement officers and/or city officials

While many are questioning both the reasonableness and constitutionality of the King ordinance, it appears to be fully supported by the North Carolina General Statutes. Passed in 1969 – an era of race riots following the assassination of the Reverend Martin Luther King – Article 36A of Chapter 14 contains provisions for suspending carriage of firearms, ammunition and “dangerous substances” during states of emergency, and allows mayors and other local government officials to impose states of emergency.

Specifically:

§ 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).)

As to whether a local government can impose the ban:

§ 14 288.12. Powers of municipalities to enact ordinances to deal with states of emergency.
(a) The governing body of any municipality may enact ordinances designed to permit the imposition of prohibitions and restrictions during a state of emergency.
(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 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 town of King also passed an ordinance for such bans as Sec. 10-31.

INTENT OF THE LAW

What seems equally clear is that Warren and the town of King have misapplied the law; however, broad its language, Article 36A is entitled “Riots and Civil Disorders.” According to a local blogger who personally investigated the incident and described it at saradactyl.com, no such civil disorder existed. The Youtube video she produced on the incident is below.

BILL TO PREVENT ABUSE OF POWER FAILED

Ironically, the state house representative for the district in which King is located, Rep. Bryan Holloway, was a cosponsor of legislation which could have prevented Warren’s abuse of power. Under Section 3 of House Bill 257: “No Seizure of Lawful Firearms in Emergency,” lawfully possessed firearms and ammunition would have been exempted from the riot law.

Despite support from my organization, Grass Roots North Carolina and from the NRA, the bill died when it was denied a committee hearing by Democrat leadership, including Speaker Joe Hackney (D-Chatham, Moore, Orange), Majority Leader Hugh Holliman (D-Davidson) and Judiciary Committee Chairman Rep. Ronnie Sutton (D-Robeson).

One of the primary sponsors of HB 257, Rep. Mark ****** (R-Catawba) advises that he is looking into revamping the bill slightly to conform to chamber rules under which it could be re-introduced in the second year of the legislature’s two-year session, commonly referred to as the “short session.”

[hawk962]

akajun,
No flame from here. I enjoy beer as much as everyone else, maybe more, but don't think drunk looters is a good idea either. As much as ANY abuse of power/governmental infringement irritates me, I can see your point.

[Story]

Originally posted by Abominog
Somebody in the area needs to walk down the street with a 1919a4 for bait. Don't drive, that's forbidden. Walk.

That's 23lbs w/o ammo. Think Gecko45 is still using his wheelbarrow?

[Stoney]

an A4 was 35 lbs when I carried one without the mount

[sld]

don't forget the friend to hold the cardboard ammo box.