I’d totally forgotten about this one. Fortunately, Confederate Yankee didn’t
Thanks to a brain-dead state law foisted upon us by a Democratic state legislature (N.C. Gen. Stat. § 14-288.7), every time the governor—in this instance, Democrat Beverly Perdue—declares a state of emergency, it is illegal from that moment onward to carry a concealed weapon until the state of emergency has been declared over.
Head on over to read the relevant statute. I’m thinking the State GOP, in total control of the General Assembly, needs to repeal this statute. Friday would be a good day to do it.
Oh, and Irene is still headed toward the Morehead, NC area. Will it shift more east or west over the next day and a half? The current track takes it through NJ and into the Manhattan area.
It does look like Irene shifted ever so slightly to the east, but not nearly enough at this time.
Man, I hope she heads out to sea.
From what I read about the time of the last snow emergency it is also verboten to transport firearms. So for instance if one went hunting and it snowed, coming home with your firearm locked in your vehicle would also be illegal. As I understand it any state of emergency triggers this law.
While I live west of 95 part of Johnston is east of 95. The Governor’s state of emergency announcement reads counties east of 95. Making it unclear if I can take a firearm to my neighbor’s house. Bad law followed by imprecise language from Perdue’s office.
Who is considering running against her next year?
The perfect time to disarm the populace is when law enforcement is stretched its thinnest? Yeah. That makes sense!
Okay, I must be missing something.
In a time of a declared emergency and (as proof noted above) when the police and law enforcement is stretched the thinnest, why would you want to allow people roaming around with guns? Why would you want to allow armed mobs?
If the purpose of CCW permits and weapons within the home is to protect that home, why in a state of emergency are you going to be taking the weapon off and away from the very thing you are trying to protect?
I am totally against disarming the populace in any circumstances, but this is not doing that.
What am I missing?
The comments on the linked Confederate Yankee post has an interesting tidbit. According to the NRA, a bill was introduced to repeal or at least change this law.
It was killed in the NC Senate.
By Republicans.
And, hey GC, I also heard that Obama threatened to forcibly evict every resident during an incoming storm. I think he said it on August 32. I’m not sure.
hehehee..
But guess what… part of N. Carolina are under a MANDATORY eviction notice right now.
Say good bye to Cape Hatteras. Since that are has never seen a Hurricane before, it will be devastated. Its coastline, never touch by high or rough waves, will be rounded and crushed. I’d expect the new coastline to be a straight line from Wilmington to Virginia Beach by this time Satersday.
With the rising seas, that The One lied when he said he would stop, and the increasing Ph and decreasing Ph due to increasing freshwater (?) from melting glaciers (maybe they are acidic glaciers?), you can kiss the outerbanks goodbye.
Been nice knowing you Teach.
wait, why is this the only storm around???
Pat McCrory is rumored to be planning to run for the NC governor’s mansion next year for the GOP.
Adobe, GC, you guys stay safe. Never know what a storm like this will do. And, do you have have your bread, milk, and beer yet?
On the bright side, Captain, it will mean that the sea is a few driving hours closer to Raleigh if the Outer Banks are gone. You know that the Usual Suspects are going to freak out over the erosion caused by Irene, which, of course, never ever happened before.
Well, you know what this means for people like me who like to push the envelopes….. OPEN carry.
If concealed is now invalidated during an emergency.. OPEN carry them.
You think you get harassed for just video taping an officer, imagine approaching one and ask for directions while carrying a shotgun out in the open. heheheheheheh.
Oh, and make sure someone video tapes it from a public sidewalk so that they too can be arrested.
They can then arrest the tv station’s anchor for airing the story about the incident and the owner for airing illegally obtained video evidence of an investigation in progress.
Cap’n,
There is no legal teeth behind a “mandatory evacuation” order for residents. To remove a person from their land requires a court order, due process, etc. If you don’t own the land, that is different.
Teach,
I should be telling you to stay safe. Irene passed by me last night like a jilted lover – blowing lots of hot air but not due any damages to anything other than erosion.
And you are dead on with the comment about erosion of the beaches. Shorelines changed for millions of years. If you build on a shore, you are taking a risk.
The Outer banks are tens of thousands years old not hundreds of thousands. This storm isn’t big enough to wipe them out but could substantially alter them. That’s what they’re for is to protect the coast.
The purpose of concealed carry is to protect oneself when away from home. The state of emergency law prohibits the transportation of “dangerous weapons”, that could be a wrist rocket or a knife. It also prohibits transport of “dangerous substances” if you are not covered by emergency personnel exemption. In short if not a first responder or a utility worker you could be arrested for having a gas container.
There is currently a law suit to strike down the provisions in this law. If successful that would be better than repeal as that would render the law and future attempts to restrict our Right to Self Defense unconstitutional.
I like that idea Adobe. And hope someone will.
GC, then what is the point of a gov issuing a “mandatory evac” order? Or, does that just tell people they are on their own? If so, then just say that and not freak people out with the idea that, “the government will remove you by force”.
Living in a nice land locked state, where we only experience fire, small quakes, and tornadoes, those kinds of “orders” are oddities to us.
A “mandatory” evacuation order is higher than a “you should leave” announcement.
Around here, police will come to your home, knock on the door, tell you you have to leave and then take your name and next of kin if you decide not to leave.
The bottom line is that your home and property are still yours and any order to abandon the property must be given due process ie a court hearing for the individual. That doesn’t happen, so you can stay at your own risk.
A “mandatory evacuation” order is, in part, designed to scare the trusting people to get out. I would never suggest that people not leave, but it is choice they, not the government, should make.
With mandatory, if people aren’t homeowners or year round residents, they have to leave. That way, they can make room for all the news people who show up to tell us this is a very dangerous storm, that everyone should evacuate, and no one should be out in it.
That’s interesting that you say that people that aren’t year round residents would have to leave. Here in Florida, as long as you are the person who owns the property, you can stay.
(And we have a lot of condos, etc here)
I wonder why the difference?
that makes no frackin sense. what does ownership have to do with it? what if I rent-to-own? seems rather biased to me. and, why call it mandatory when its not really?
stupid frackin gov’t. Just put out a warning and go away!!!!
Cap’n,
If you are renting to own, or if you are renting (as in a lease) you are considered the owner for the purposes of most laws.
The “non-owners” are people that are temporary residents such as people in a hotel.
aaah. ok. but still. I paid good money to rent that ocean-front all-glass condo house. I want to see the waves hit the front wall!!
Again, this is gov’t getting TO involved. If people want to be stupid and ride out a hurricane.. then let them. screw em. Let people live or die based on their own decisions.
When gov’t gets involved, people lose all ability to self-realize. “I have no worth unless the gov’t tells me so.”
The problem is Cap’n (and I have seen this) that people will rent a hotel room or a condo for a week or a couple of days and want to stay thinking it will be cool to see the waves and the wind.
Then the building starts to sway, the winds are blowing, debris is flying through the air, the power is out and the roof starts to peel off, people suddenly want out of those beachside areas.
They call the police or 911 screaming for help and the police say “your choice!” Where I live, they shut the causeways to the barrier islands when the winds reach 35 mph for fear of the gusts blowing a rescue vehicle over the side and into the river.
Residents have a better idea of the risks than tourists so the emergency management people suspend hotel licenses as well. It is also not fair to make the hotel staff come in to handle the tourists. The hotel should be able to lock up and leave just like you do if you had guests staying at your house.
I believe it was hurricane Floyd that when it went through here, tore the side off of one of the hotels. Eight stories were exposed to the weather. No one died or was injured because the hotel was empty.
I have never seen a person dragged from their home and I have gone through some “mandatory evacuations.” Like I said, the police stopped by, took my name, my next of kin, and handed me paper reiterating the risks.
All in all, I think it is a pretty fair balance of the rights of owners and the rights of tourists.
then just leave it like it is… a state of emergency. no need to add legal words like mandatory when it isn’t.
And, under a state of emergency, no one can be held liable for the safety of others. Each man for themselves. If a person is injured because they chose to stay in their rented home or rented hotel room after being told it is best to leave…. then, they put their own lives at risk. Heck. turn off the phone systems. Police aren’t going to go out during the storm anyway. Turn it back on once things calm down a tad, then prioritize.
i am a big believer in buyer beware. you get what you pay for.
Like gov’t making restaurants put up warning labels, change menus, warn patrons, take away ingredients…… that’s bullcrap. People need own up to their own actions. if the burger looks like it has 3 days worth of calories… then it probably does and isnt that healthy for you. Unless you eat once per 3 days.
People just need to quit relying on govt to protect them.
I see storm is just about to come even with NC outer banks. winds are in 50s.
A big reason is so that there will be less people to manage and deal with during this kind of emergency, some of whom stream in in order to loot. Also, the emergency personnel will not really know that there are non-residents to check on as the storm starts exiting the area, vs. their knowledge of “residents.”
I understand THAT Teach, but I am disagreeing with the use of the word “Mandatory” when its not really mandatory and makes people think gov’t is there to forcibly evict you.
But note this NY recently:
NEW YORK (AP) — The nation’s largest subway system and arriving flights at the five main New York City-area airports were to be halted at noon Saturday as Hurricane Irene spun its way up the Eastern Seaboard, forcing more than 300,000 evacuations and dimming lights at Citi Field and on Broadway.
“Staying behind is dangerous, staying behind is foolish, and it’s against the law, and we urge everyone in the evacuation zones not to wait until gale-force winds,” he said in a news conference from Coney Island as rain began to fall. “The time to leave is right now.”
sorry to keep harping…… but, has there been forcible “mandatory” evacuations for a Cat-1 low Cat-2 Hurricanes before?
Like I said, I’m landlocked and haven’t really paid attention since just around 2005, so forgive the lack of knowledge.
Well, when you are talking about some place like the barrier islands running from Manasquan NJ down, they have limited access to the mainland, sometimes just 1 bridge. But, tons of rentals. Makes for a difficult situation. They’ve had many mandatory evacs for the NC coastal islands, where non-residents don’t have to go home, but they have to get the hell out of here.