Here we go again! NC state of emergency called because of the storms over the past few days. Are you packing?
-R
-R
Rdinatal
No disagreement re: your budget comment but at present Concealed=illegal. Even though no one I've ever heard of has been charged under that statute I wouldn't want to be the first. I am a firm believer in the fact that OOPS happens. As a law abiding gun owner I choose not to endanger my future capabilities to continue to practice that status on the vagaries/ whims of some over the top LEO with an axe to grind. Particularly if I know that in the end he will win.
Since she used article 1 of chapter 166a of the general Statues instead of using article a of chapter 14 of the general statues and this is stated in the decleration of emergency your concealed carry rights are ok. I am rather suprised that she does it this way.
Thanks for the link NC Bullseye
Thanks for the link NC Bullseye
I can get you permanent residency but you will have to change your name to Jesus Hernandez. :biggrin:I'm not, since I'm too easily deported until I get my citizenship
My mom is from Rislip, she received her citizenship in the late 50s. I remember her talking about how much stuff she had to study to prepare for the test.
G
I have permanent residency, but residency is easily taken away.I can get you permanent residency but you will have to change your name to Jesus Hernandez.
:biggrin:![Image]()
And I **** you not, my immigration lawyer asked me if I was willing to fly to Mexico or Canada and cross the border illegally since it would "simplify and shorten my application for residency". If there was another lawyer in town I could have afforded, I would have told her to go **** herself, but since she was as expensive as I could pay for, I just politely declined.
Yes, I'm sure enough that I will carry any time that there is a state of emergency and the governor includes the clauses in the EO. It's been approved by the AG so I am accepting it as is.
I've had conversations with both the governors office and the AGs office and it's good enough for me.
As to 166A, read
166A‑5. State emergency management.
The State emergency management program includes all aspects of preparations for, response to and recovery from war or peacetime disasters.
(1) Governor. - The Governor shall have general direction and control of the State emergency management program and shall be responsible for carrying out the provisions of this Article.
a. The Governor is authorized and empowered:
1. To make, amend or rescind the necessary orders, rules and regulations within the limits of the authority conferred upon him herein, with due consideration of the policies of the federal government.
Note the underlined part.
Yes I did, a handgun and a 12ga shotgun...I was traveling from Charlotte...I also broke the curfew that is in place...but I was coming home...hell or high water.
While I agree that the Governor and AG say that it is legal to carry and thus it is very unlikely you will get any trouble from LEOs for carrying. The law prohibiting carry during declared states of emergency does not have any exceptions to it. If the legislature had wanted there to be an exception that can be granted by the governor, they would have wrote it into the bill. They did not and there is no wiggle room in that statute. It simply says that carry off your own property in areas where a state of emergency exists is prohibited.
What that means is that the AG and Governor is trying to tell the state that they know better than the legislature and they are willfully ignoring the law. If we had a political system that had any balls, they would both be impeached on charges of dereliction of duty and dozens of other charges.
Additionally if you actually look at state law, the Governor has the power to declare a disaster area and proclaim a state of emergency. Traditional law in many states gives the sheriff of a county the power to declare and the Governor the power to proclaim when it comes to emergencies. I don't know if that difference in language matters much any more but in the past it did for sure. I believe that the existing law against carry was written in a time where the sheriff had that power, mainly used for disasters, riots and jailbreaks. Of course we do know that like most NC gun laws, it was certainly enacted with the intent of making it harder for minorities to be armed. I suspect this specific law was meant to provide the sheriff of a county a way to arrest blacks that tried to resist lynchings and the like with arms...
Not really. Seems the gov does not have the authority to suspend.
Check out GRNC for the full story
I have no reason to take GRNCs word over that of the governors office and the AGs office. Their interpretation of the law does not have a direct impact on how that law affects me, the AG's interpretation does.
You as a citizen of this country can do as you wish. As I said earlier, what is provided in the EO is sufficient for me.
Will I still continue to fight for the laws to be changed so this is a non issue? Yes and just as much as I did before the exclusion was included in the SOE EOs.
The question really is, did she declare a state of emergency or a state of disaster?
State of Emergency, she can't provide provisions. State of Disaster gives her control of the state as she sees fit. If she declared a state of disaster then she can pretty much exclude what she wants.
The biggest difference besides the exclusions is that in a state of disaster, she can't ask for assistance from the feds. In a State of Emergency, it opens the door for help from the Feds as does it basically hand over management to the Feds.
This is really paraphrased, but in a nutshell.
State of Emergency, she can't provide provisions. State of Disaster gives her control of the state as she sees fit. If she declared a state of disaster then she can pretty much exclude what she wants.
The biggest difference besides the exclusions is that in a state of disaster, she can't ask for assistance from the feds. In a State of Emergency, it opens the door for help from the Feds as does it basically hand over management to the Feds.
This is really paraphrased, but in a nutshell.
Would you not suffer for lack of a queen. Isn't that every Brits deep seeded fear:laugh:I'm not, since I'm too easily deported until I get my citizenship
Damn illegals are every where! LOLI'm not, since I'm too easily deported until I get my citizenship
G
Not if they're straight
Naw, I use American teens to do my yardwork, I can't cuss and holler in Spanish.
Originally Posted by gc70
Are you absolutely sure?
The Governor claims to declare a "state of emergency" under Article I of Chapter 166A and specifically NOT under Article 36A of Chapter 14. The problem is that Chapter 166A gives the Governor power to declare a "state of disaster" while Chapter 14 gives the Governor power to declare a "state of emergency."
Check for yourself, but I can't find authority in 166A for the Governor to declare a "state of emergency."
Yes, I'm sure enough that I will carry any time that there is a state of emergency and the governor includes the clauses in the EO. It's been approved by the AG so I am accepting it as is.
I've had conversations with both the governors office and the AGs office and it's good enough for me.
As to 166A, read
166A‑5. State emergency management.
The State emergency management program includes all aspects of preparations for, response to and recovery from war or peacetime disasters.
(1) Governor. – The Governor shall have general direction and control of the State emergency management program and shall be responsible for carrying out the provisions of this Article.
a. The Governor is authorized and empowered:
1. To make, amend or rescind the necessary orders, rules and regulations within the limits of the authority conferred upon him herein, with due consideration of the policies of the federal government.
Note the underlined part.
Ok Boys and Girls here we go Im going to give this one a shot and I didn’t like what I found after all this research. I also called the AG and was told it was ok for me to carry. Then he called me back and basically said this wasn’t legal advice he was giving me and blah blah blah…To cover his ass just in case he was wrong. Any way the Executive order section 7 specifically states (It does not trigger the limitations on weapons in G.S. § 14-288.7) which is weapons off of your property. Which explains why they were able to have a gun show at the NC State Fair Grounds. Now the bad news concealed carry during a state of emergency is covered under " A concealed
handgun permit does not allow a permittee to carry a weapon in these areas. N.C. Gen.
Stat. § 14-415.11(c)" So I wouldn’t get caught until the 30 days are up…..
Are you absolutely sure?
The Governor claims to declare a "state of emergency" under Article I of Chapter 166A and specifically NOT under Article 36A of Chapter 14. The problem is that Chapter 166A gives the Governor power to declare a "state of disaster" while Chapter 14 gives the Governor power to declare a "state of emergency."
Check for yourself, but I can't find authority in 166A for the Governor to declare a "state of emergency."
Yes, I'm sure enough that I will carry any time that there is a state of emergency and the governor includes the clauses in the EO. It's been approved by the AG so I am accepting it as is.
I've had conversations with both the governors office and the AGs office and it's good enough for me.
As to 166A, read
166A‑5. State emergency management.
The State emergency management program includes all aspects of preparations for, response to and recovery from war or peacetime disasters.
(1) Governor. – The Governor shall have general direction and control of the State emergency management program and shall be responsible for carrying out the provisions of this Article.
a. The Governor is authorized and empowered:
1. To make, amend or rescind the necessary orders, rules and regulations within the limits of the authority conferred upon him herein, with due consideration of the policies of the federal government.
Note the underlined part.
Ok Boys and Girls here we go Im going to give this one a shot and I didn’t like what I found after all this research. I also called the AG and was told it was ok for me to carry. Then he called me back and basically said this wasn’t legal advice he was giving me and blah blah blah…To cover his ass just in case he was wrong. Any way the Executive order section 7 specifically states (It does not trigger the limitations on weapons in G.S. § 14-288.7) which is weapons off of your property. Which explains why they were able to have a gun show at the NC State Fair Grounds. Now the bad news concealed carry during a state of emergency is covered under " A concealed
handgun permit does not allow a permittee to carry a weapon in these areas. N.C. Gen.
Stat. § 14-415.11(c)" So I wouldn’t get caught until the 30 days are up…..
you know, the only issue i have is running into a thug who doesnt care what the laws are...those are the people who ignore every carry law....and they shoot the unarmed....quite a dilemma....
state of emergency
If you goto office of bev perdue web page you will see she terminated the executive order... I would still be careful going into other areas that local emergencies have been declared. How you find that out is beyond me. I live in wake county and called the wake county emergency management number and they didnt really have a clue. I finally got a call back from someone after taking about an hour on the phone. I asked if Wake Co. was still under a state of emergency. The answer was NO!!!!
If you goto office of bev perdue web page you will see she terminated the executive order... I would still be careful going into other areas that local emergencies have been declared. How you find that out is beyond me. I live in wake county and called the wake county emergency management number and they didnt really have a clue. I finally got a call back from someone after taking about an hour on the phone. I asked if Wake Co. was still under a state of emergency. The answer was NO!!!!
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
