State of emergencies and CCW, am I reading wrong? [Archive] - Glock Talk

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Aeroscoper
12-10-2008, 01:13
As many of you know, in NC the carrying of firearms are forbidden during riots, and in areas where a State of Emergency has been declared.

This past summer the drought caused many regions to declare such, so if someone CCW's in said areas, are they breaking the law???

So in a Katrina type scenario, I guess North Carolinians are sol?

Please tell me I"m reading this incorrectly...

JohnHoliday
12-10-2008, 03:22
Unfortunately, you are reading it correctly.

I doubt this is enforced at all, and I doubt many cops know of this law, but yes, during a state of emergency (like this summer) it is illegal to concealed carry

:-(

Glockphobia
12-10-2008, 05:18
thats gotta suck

MaximaDrvr
12-10-2008, 12:38
Yep, the law sucks, but I don't foresee much enforcement, if any.

Aeroscoper
12-10-2008, 14:40
I was afraid of that, thanks for the confirmation guys.

Though I'd like to agree with you guys that think it wouldn't be enforced, Katrina and maybe my cynicism makes me believe it'll be otherwise. :(

MaximaDrvr
12-10-2008, 14:44
We were in a state of emergency twice in the last year, and I never heard of anyone getting in trouble for CCW. I'm sure it would have been picked up on the radar if it had happened.

carolinajohn63
12-10-2008, 14:50
I was afraid of that, thanks for the confirmation guys.

Though I'd like to agree with you guys that think it wouldn't be enforced, Katrina and maybe my cynicism makes me believe it'll be otherwise. :(

Man Flordia and Arizona are looking much better all the time.

Texas357
12-10-2008, 16:56
is there a difference between a declared emergency, and a declared disaster? Around here, all I hear are disaster declarations.

Aeroscoper
12-10-2008, 17:38
We were in a state of emergency twice in the last year, and I never heard of anyone getting in trouble for CCW. I'm sure it would have been picked up on the radar if it had happened.

I hadn't heard anything either. I'm hoping you're right, but fearing you're not.

Man Flordia and Arizona are looking much better all the time.

I'm a relative newcomer to NC, and for a southern state, it sure has a Yankee feel to it sometimes. Florida, lived in Miami for a while, might as well been living in Cuba, Arizona, hear great things. Indiana, lifetime CCW's...hmmm...

is there a difference between a declared emergency, and a declared disaster? Around here, all I hear are disaster declarations.

Interesting point. I'm pretty sure I've heard them call for a "state of emergency" because it was declared a "disaster area". Not sure how they're related.

Bogey
12-10-2008, 20:15
I hardly think drought is what the lawmakers had in mind. Lawmakers sometimes engage pens and votes before they engage brains.

I believe a major disaster such as hurricanes, multiple tornadoes, etc are what they mean.

I had numerous occasions this year to have to interact with police. As you know, we have to notify. None had any issue with the fact that I was carrying. Not too sure the majority of police would even have an issue if there were a disaster.

Grayson
12-10-2008, 22:40
Surely...SURELY...this is something we can get "fixed" in our CCW law? If not the "no carrying in places that serve alcohol" provision (despite the fact that we can't carry and drink anyway, and SOME of us are teetotalers ANYHOW), or the ridiculous "no carry into places that charge admission" BS?

After all, our new Governor was NRA Endorsed, right? :whistling:

NC Bullseye
12-10-2008, 23:04
We had a chance last year to fix this. Maybe if people would contact their reps we could get it going again.

The bill we let die was H310 that eliminated the seizure of weapons during a state of emergency and allowed the transport of guns during a state of emergency.

We just elected a flock of new reps, how many people have written the new ones?

Just for the record

http://www.ncga.state.nc.us/Sessions/2007/Bills/House/HTML/H310v1.html

NC Bullseye
12-10-2008, 23:09
Surely...SURELY...this is something we can get "fixed" in our CCW law? If not the "no carrying in places that serve alcohol" provision (despite the fact that we can't carry and drink anyway, and SOME of us are teetotalers ANYHOW), or the ridiculous "no carry into places that charge admission" BS?

After all, our new Governor was NRA Endorsed, right? :whistling:

Just look at what we let die last year. We let the carry where alcohol is sold and consumed in restaurants (H831), castle doctrine (H476), CHP valid in parks (H830).

We need to be a pain in our reps butts. Call, write (real snail mail AND e-mail), and call. Weekly if needed.

Texas357
12-11-2008, 11:05
Interesting point. I'm pretty sure I've heard them call for a "state of emergency" because it was declared a "disaster area". Not sure how they're related.

Also, who declares them? Here, mayors can do emergency ordinances, but the state declares disasters - it is all spelled out who has what power to make what declaration, and what that declaration allows. Usually, the biggest motivation for declaring a disaster area is to qualify for Federal funds.

It sounds like somebody wrote some feel-good legislation, without loooking into definitions, workability, and impact of the legislation.

southernreign
12-14-2008, 19:40
Just look at what we let die last year. We let the carry where alcohol is sold and consumed in restaurants (H831), castle doctrine (H476), CHP valid in parks (H830).

We need to be a pain in our reps butts. Call, write (real snail mail AND e-mail), and call. Weekly if needed.

The 'castle doctrine' is not in affect anymore???

NC Bullseye
12-14-2008, 22:29
The 'castle doctrine' is not in affect anymore???

Never took effect to begin with. Got lost in committee.

What we loosely call a Castle Doctrine only goes to allow the home owner the ability to stop a forcible entry if certain defined conditions are met.

The bill I mentioned above would give us a true Castle Doctrine. It would also stop any civil suits against the home owner if the shooting was found justified and there were no criminal suits filed.

Read what was proposed, it wasn't perfect but it sure did beat what we have now.

Write your reps. Often!

JohnHoliday
12-14-2008, 23:34
I need to start writing my reps weekly. Can anyone give me info on what would be the best way to get around to this?

Most particularly, being able to carry in places that serve alcahol, and places that charge admission.

Thanks.

NC Bullseye
12-14-2008, 23:57
I need to start writing my reps weekly. Can anyone give me info on what would be the best way to get around to this?

Most particularly, being able to carry in places that serve alcahol, and places that charge admission.

Thanks.

Go to the state web site I listed in the above two posts, look up the bill I listed and read each one. They will list who started the bill and who co-sponsored them. Get the contact info for each.

Then go to your board of election web site and look up your districts and get the contact for your reps. Usually the BOE site will ask for your full name and birth date to give you your info, no biggie. Write both real snail mail and email requesting that your reps revive the above listed bills. Ask that they resubmit them as soon as possible.

Make sure that you ask for a response and offer to help if you can. Sometimes they may want more info, reasons, etc. Be polite, professional and persistent. Check your grammar and ask someone else to check it for you. Nothing gets less attention than a poorly written or worded letter. Don't threaten on your first letter, they know you are a voter. If you don't get a satisfactory response THEN remind them you have a vote that will matter to them in the future and you WILL relay their lack of support to others you deal with that are ALSO voters.

Take time to do the leg work. It's the only way we will ever get improvements on what we have now.

Grayson
12-17-2008, 20:35
Another member suggested that rather than a long letter detailing EVERYTHING you want on a certain issue, keep it postcard-sized and on one topic only - in fact he said he uses plain postcards you can buy at the Post Office for writing reps.

Aeroscoper
02-19-2015, 20:30
Gentlemen, I've been out of the mix for a while, any movement or update to these matters since the new laws went into affect last year??

wrenrj1
02-19-2015, 20:37
In my state it's a Governor's proclamation that's specific to addressing the event. The Proclamation addresses the issues of the event and is not a blanket suspension of state laws, but the suspension of those state laws/regulations that basically are in the way of addressing the event.

oldman11
02-19-2015, 20:51
That "state of emergency" rule doesn't make sense to me. If there really is a state of emergency wouldn't that be one of those times when you REALLY might need to defend yourself and family? I remember the videos in NOLA when that hurricane came through, and the military/police knocking down doors and stealing weapons. Especially the old lady got taken down to the floor and forcefully stole her gun.

NC Bullseye
02-19-2015, 21:03
The statute regarding no carry during states of emergency in NC was Repealed by Session Laws 2012-12, s. 2(c), effective October 1, 2012.

Statute 166A-19.31 was modified where it states that a state of emergency does not authorize prohibitions or restrictions on lawfully possessed firearms or ammunition.

If you note, this thread was circa 2008

Aeroscoper
02-20-2015, 20:15
NC Bullseye, Thank you for the update thays what I was hoping to read! I was the OP and was hoping for positive movement since I last checked and you provided it!

With the state being controlled by Republicans, many of them on the conservative side, hopefully it stays this way for a while, at least until they try to enforce the UN smalls arms deal...

KentuckyPatriot
02-21-2015, 00:31
Still..rather than simply repealing your law on emergencies, you should push to have it clearly stated that gun rights (right to carry, right to carry ammo, etc) be spelled out and cannot be suspended.

Kentucky has such a law and it is pretty thoroughly stated: (http://www.lrc.ky.gov/Statutes/statute.aspx?id=11130)

237.104 Rights to acquire, carry, and use deadly weapons not to be impaired
-- Seizure of deadly weapons prohibited -- Application of section.
(1) No person, unit of government, or governmental organization shall, during a
period of disaster or emergency as specified in KRS Chapter 39A or at any
other time, have the right to revoke, suspend, limit the use of, or otherwise
impair the validity of the right of any person to purchase, transfer, loan, own,
possess, carry, or use a firearm, firearm part, ammunition, ammunition
component, or any deadly weapon or dangerous instrument.
(2) No person, unit of government, or governmental organization shall, during a
period of disaster or emergency as specified in KRS Chapter 39A or at any
other time, take, seize, confiscate, or impound a firearm, firearm part,
ammunition, ammunition component, or any deadly weapon or dangerous
instrument from any person.
(3) The provisions of this section shall not apply to the taking of an item specified
in subsection (1) or (2) of this section from a person who is:
(a) Forbidden to possess a firearm pursuant to KRS 527.040;
(b) Forbidden to possess a firearm pursuant to federal law;
(c) Violating KRS 527.020;
(d) In possession of a stolen firearm;
(e) Using a firearm in the commission of a separate criminal offense; or
(f) Using a firearm or other weapon in the commission of an offense under
KRS Chapter 150.
Effective:July 12, 2006
History: Created 2006 Ky. Acts ch. 240, sec. 7, effective July 12, 2006.

NC Bullseye
02-21-2015, 11:01
Still..rather than simply repealing your law on emergencies, you should push to have it clearly stated that gun rights (right to carry, right to carry ammo, etc) be spelled out and cannot be suspended.

Kentucky has such a law and it is pretty thoroughly stated: (http://www.lrc.ky.gov/Statutes/statute.aspx?id=11130)

237.104 Rights to acquire, carry, and use deadly weapons not to be impaired

snip.

If you note my post you'll see where Statute 166A-19.31 does just that.

nursetim
02-21-2015, 11:42
We were in a state of emergency twice in the last year, and I never heard of anyone getting in trouble for CCW. I'm sure it would have been picked up on the radar if it had happened.

I can't remember the last time someone was charged with participating in an affray or going armed to the terror of the public or selling alcohol to a minor or minor in possession of a forged DL. The point being we are ignorant of most law enforcement interactions and subsequent charges.

Just because they don't doesn't mean they are not likely to at some point in time.

CharlestonG26
02-21-2015, 17:02
...I'm a relative newcomer to NC, and for a southern state, it sure has a Yankee feel to it sometimes...
That's why folks in SC are amused when NC and SC are lumped together as 'The Carolinas'.

tonyroc14
02-22-2015, 20:22
That's why folks in SC are amused when NC and SC are lumped together as 'The Carolinas'.

Which state is more free? NC has Open carry, SC has conceal carry in your vehicle (no permit), NC allows non-resident CC permits, SC does not...