GlockTalk.com
Home Forums Classifieds Blogs Today's Posts Search Social Groups



  
SIGN-UP
Notices

Glock Talk
Welcome To The Glock Talk Forums.
Reply
 
Thread Tools Display Modes
Old 03-29-2012, 15:20   #1
Professor Zero
Senior Member
 
Professor Zero's Avatar
 
Join Date: Dec 2005
Location: Edge of the Charleston metroplex
Posts: 168
Federal court strikes down NC emergency gun ban

http://saf.org/viewpr-new.asp?id=397

BELLEVUE, WA - A federal district court judge in North Carolina has just
struck down that state's emergency power to impose a ban on firearms and
ammunition outside the home during a declared emergency, ruling that the
provision violates the Second Amendment right to keep and bear arms.

The case, Bateman v. Purdue, was brought by the Second Amendment
Foundation, Grass Roots North Carolina FFE and three individual
plaintiffs. Defendants in the case were Gov. Beverly Purdue and Reuben
F. Young, secretary of the state's Department of Crime Control and
Public Safety, in their official capacities.

In his opinion, Judge Malcolm J. Howard, senior United States district
judge for the Eastern District of North Carolina, wrote, "the court
finds that the statutes at issue here are subject to strict
scrutiny...While the bans imposed pursuant to these statutes may be
limited in duration, it cannot be overlooked that the statutes strip
peaceable, law abiding citizens of the right to arm themselves in
defense of hearth and home, striking at the very core of the Second
Amendment."

"When SAF attorney Alan Gura won the Heller case at the Supreme Court,"
noted SAF Executive Vice President Alan M. Gottlieb, "the gun ban crowd
said that we were a one-trick-pony' and that we would never knock out
another gun law. Well, SAF has now knocked out gun laws in Maryland,
Illinois and North Carolina.

"We filed this lawsuit on the day we won the McDonald case against
Chicago," he added, "extending the Second Amendment to all 50 states.
This was part of our strategy of winning firearms freedoms one lawsuit
at a time."

Gottlieb pointed to language in Judge Howard's ruling that solidifies
the Second Amendment's reach outside the home. The judge noted that the
Supreme Court in Heller noted that the right to keep and bear arms "was
valued not only for preserving the militia, but 'more important(ly) for
self-defense and hunting."

"Therefore," Judge Malcolm wrote, "the Second Amendment right to keep
and bear arms 'is not strictly limited to the home environment but
extends in some form to wherever those activities or needs occur."

"Under the laws at issue here, citizens are prohibited from engaging,
outside their home, in any activities secured by the Second Amendment,"
Judge Malcolm wrote. They may not carry defensive weapons outside the
home, hunt or engage in firearm related sporting activities.
Additionally, although the statutes do not directly regulate the
possession of firearms within the home, they effectively prohibit law
abiding citizens from purchasing and transporting to their homes
firearms and ammunition needed for self-defense. As such, these laws
burden conduct protected by the Second Amendment."
__________________
In the land of the blind, the one eyed man is king.

Last edited by Professor Zero; 03-29-2012 at 15:35..
Professor Zero is offline   Reply With Quote
Old 03-29-2012, 15:40   #2
Elitematch
Registered User
 
Join Date: Sep 2011
Location: Eastern NC
Posts: 4
Its about time..

Sent from my DROID X2 using Tapatalk
Elitematch is offline   Reply With Quote
Old 03-29-2012, 16:26   #3
kirgi08
Silver Membership
Watcher.
 
kirgi08's Avatar
 
Join Date: Jun 2007
Location: Acme proving grounds.
Posts: 26,634
Blog Entries: 1


__________________
I'd rather be judged by 12 than carried by 6

If you look like food,You will be eaten.

Rip Chad.You will be missed.
kirgi08 is online now   Reply With Quote
Old 03-29-2012, 17:15   #4
Navitimer
Senior Member
 
Navitimer's Avatar
 
Join Date: Apr 2009
Posts: 786
That's great to hear! In the past there have been "states of emergency" declared for things such as hurricanes, etc., so it will be good to know that carry during those times cannot be prohibited. Thanks for posting this!
Navitimer is offline   Reply With Quote
Old 03-29-2012, 17:17   #5
Warp
ΜΟΛΩΝ ΛΑΒΕ
 
Warp's Avatar
 
Join Date: Jul 2005
Location: NE of Atlanta
Posts: 29,847
Good deal.
__________________
The only thing necessary for evil to triumph is for good men to do nothing.

I HIGHLY recommend Google Chrome and Adblock to all world wide web users. (I would have left GT a long time ago without these extensions!)
Warp is offline   Reply With Quote
Old 03-29-2012, 17:31   #6
Gunnut 45/454
Senior Member
 
Gunnut 45/454's Avatar
 
Join Date: Jun 2002
Posts: 14,038
Well it's good to here that the courts actually read the true meaning of the 2nd! That every American can and should be able to defend themselves EVERYWHERE at anytime and place!
__________________
Gunnut45/454-One shot one kill!
Gunnut 45/454 is offline   Reply With Quote
Old 03-29-2012, 17:34   #7
TSAX
USAF Vet
 
TSAX's Avatar
 
Join Date: Jun 2010
Posts: 10,123
Blog Entries: 2
Quote:
Originally Posted by Gunnut 45/454 View Post
Well it's good to here that the courts actually read the true meaning of the 2nd! That every American can and should be able to defend themselves EVERYWHERE at anytime and place!
It would be nice if more states were like this.







__________________
IAVA (Iraq and Afghanistan Veterans of America) Member
http://iava.org/
GSSF Member http://gssfonline.com/
NRA Member http://home.nra.org/#/nraorg
TSAX is offline   Reply With Quote
Old 03-29-2012, 17:42   #8
RenegadeGlocker
Senior Member
 
RenegadeGlocker's Avatar
 
Join Date: Jul 2001
Location: Texas
Posts: 8,481
Expect more if filed by competent attorneys like these.

Just as Roe took down a lot of anti-abortion laws, Heller/ McDonald is going to take down a lot of anti-gun laws.
RenegadeGlocker is offline   Reply With Quote
Old 03-30-2012, 05:07   #9
unit1069
Senior Member
 
unit1069's Avatar
 
Join Date: Oct 2007
Location: So. Central US
Posts: 8,432
During the Hurricane Katrina disaster the people of Louisiana learned how Democrat/"progressive" governments will use emergency powers to seize lawfully-owned weapons.

I'm surprised North Carolina would attempt the same State power grab. There must be a Democrat/"progressive" equation in operation here.
__________________
Rocket Scientist
unit1069 is offline   Reply With Quote
Old 03-30-2012, 06:02   #10
bear62
Senior Member
 
bear62's Avatar
 
Join Date: Feb 2005
Location: Rocky Mountains
Posts: 1,548
Well ........ we needed some good news!!!!!!!!!
bear62 is offline   Reply With Quote
Old 03-30-2012, 07:08   #11
LoadToadBoss
IYAAYWOT
 
LoadToadBoss's Avatar
 
Join Date: Apr 2008
Location: Northwest Louisiana
Posts: 3,398
Quote:
Originally Posted by unit1069 View Post
During the Hurricane Katrina disaster the people of Louisiana learned how Democrat/"progressive" governments will use emergency powers to seize lawfully-owned weapons.

I'm surprised North Carolina would attempt the same State power grab. There must be a Democrat/"progressive" equation in operation here.
I said it before and I'll say it again. In an emergency situation, it doesn't matter what the law says the authorities can or cannot do. They will do what they think they need to do and then let the lawyers hash it out when things settle down. All a LEO needs to do is claim "officer safety" and you're handing your firearm over, especially when possessing the firearm in public during a declared emergency. After years of litigation, the government gets its hand slapped and Joe Private Citizen is out thousands in attorney's fees.
__________________
"An essential element of a mature democracy is the ability to allow others the liberty to exercise a right that you may find distasteful." --LTB

"Government cannot deny its citizens a right on the off chance that right might be abused." --Unknown

Last edited by LoadToadBoss; 03-30-2012 at 07:08..
LoadToadBoss is offline   Reply With Quote
Old 03-30-2012, 07:51   #12
redbaron007
Lifetime Membership
A Nice Prick
 
redbaron007's Avatar
 
Join Date: Jan 2009
Location: Southwest Missouri
Posts: 6,280
I wonder if they will appeal it.

Good for North Carolina!! CONGRATS!!!




red
__________________
TopGun *357sig* Club - #2632


R.I.P. Cajunator® ~ R.I.P. Mullah (aka El Ron)
R.I.P. GioaJack ~ R.I.P. Okie
redbaron007 is offline   Reply With Quote
Old 03-30-2012, 15:11   #13
kirgi08
Silver Membership
Watcher.
 
kirgi08's Avatar
 
Join Date: Jun 2007
Location: Acme proving grounds.
Posts: 26,634
Blog Entries: 1


Quote:
Originally Posted by unit1069 View Post
During the Hurricane Katrina disaster the people of Louisiana learned how Democrat/"progressive" governments will use emergency powers to seize lawfully-owned weapons.


I'm surprised North Carolina would attempt the same State power grab. There must be a Democrat/"progressive" equation in operation here.
East of Charlotte is pretty much "left",west of Charlotte is "right". Asheville being as far left as DC is.

Quote:
Originally Posted by redbaron007 View Post
I wonder if they will appeal it.

Good for North Carolina!! CONGRATS!!!




red
__________________
I'd rather be judged by 12 than carried by 6

If you look like food,You will be eaten.

Rip Chad.You will be missed.
kirgi08 is online now   Reply With Quote
Old 03-30-2012, 15:24   #14
Arc Angel
Deus Vult!
 
Arc Angel's Avatar
 
Join Date: Sep 2003
Location: Penn's Woods
Posts: 10,956
Blog Entries: 55
Good! Even though I don't live there I was aware of this law, and thought it a patent violation of peoples' Second Amendment rights.
Arc Angel is offline   Reply With Quote
Old 03-30-2012, 19:16   #15
toshbar
Timber Baron
 
toshbar's Avatar
 
Join Date: Oct 2009
Location: Eastern NC
Posts: 3,979
Here is the court doc.


http://ia700501.us.archive.org/7/ite...07258.87.0.pdf
__________________
1 3 5
├┼┤
Save the Manuals!
2 4 R

toshbar is offline   Reply With Quote
Old 03-30-2012, 19:22   #16
ArmoryDoc
Need a haircut
 
ArmoryDoc's Avatar
 
Join Date: May 2006
Location: Kansas
Posts: 5,849
Why are we so brainwashed to believe it takes a Federal Court to affirm our rights to keep and bear arms. It's already written in the Constitution. "SHALL NOT BE INFRINGED".
ArmoryDoc is offline   Reply With Quote
Old 03-30-2012, 21:02   #17
kirgi08
Silver Membership
Watcher.
 
kirgi08's Avatar
 
Join Date: Jun 2007
Location: Acme proving grounds.
Posts: 26,634
Blog Entries: 1


If'n they don't,whom will? .'08.
__________________
I'd rather be judged by 12 than carried by 6

If you look like food,You will be eaten.

Rip Chad.You will be missed.
kirgi08 is online now   Reply With Quote
Old 03-31-2012, 05:41   #18
Arc Angel
Deus Vult!
 
Arc Angel's Avatar
 
Join Date: Sep 2003
Location: Penn's Woods
Posts: 10,956
Blog Entries: 55
Quote:
Originally Posted by ArmoryDoc View Post
Why are we so brainwashed to believe it takes a Federal Court to affirm our rights to keep and bear arms. It's already written in the Constitution. "SHALL NOT BE INFRINGED".
Try explaining this to the state legislatures of: New York, New Jersey, Massachusetts, Maryland, Delaware, and California. All of whom are flagrant violators of the people's rights to keep AND bear arms.
Arc Angel is offline   Reply With Quote
Old 03-31-2012, 07:49   #19
ArmoryDoc
Need a haircut
 
ArmoryDoc's Avatar
 
Join Date: May 2006
Location: Kansas
Posts: 5,849
I know. And we not only keep turning our backs when these politicians do this stuff but we keep electing these violators of our rights. Until the "people" get tired of it, it will continue. Sad.
ArmoryDoc is offline   Reply With Quote
Old 03-31-2012, 15:03   #20
redbaron007
Lifetime Membership
A Nice Prick
 
redbaron007's Avatar
 
Join Date: Jan 2009
Location: Southwest Missouri
Posts: 6,280
Quote:
Originally Posted by ArmoryDoc View Post
Why are we so brainwashed to believe it takes a Federal Court to affirm our rights to keep and bear arms. It's already written in the Constitution. "SHALL NOT BE INFRINGED".
Theoretically speaking...you are correct.

However, reality speaking....it ain't that easy, unfortunately!



red
__________________
TopGun *357sig* Club - #2632


R.I.P. Cajunator® ~ R.I.P. Mullah (aka El Ron)
R.I.P. GioaJack ~ R.I.P. Okie
redbaron007 is offline   Reply With Quote
Old 03-31-2012, 20:40   #21
jpa
CLM Number 268
Charter Lifetime Member
 
Join Date: May 2001
Location: Las Vegas NV
Posts: 10,115
Send a message via AIM to jpa Send a message via Yahoo to jpa
We already got this covered....

NRS 414.155 Limitations on emergency powers relating to firearms. Pursuant to Amendment II of the Constitution of the United States and Section 11 of Article 1 of the Constitution of the State of Nevada, and notwithstanding any other provision of law, the emergency powers conferred upon the Governor and upon the executive heads or governing bodies of the political subdivisions of this State must not be construed to allow:

1. The confiscation of a firearm from a person unless the person is:
(a) In unlawful possession of the firearm; or
(b) Unlawfully carrying the firearm; or

2. The imposition of additional restrictions as to the lawful possession, transfer, sale, carrying, storage, display or use of:
(a) Firearms;
(b) Ammunition; or
(c) Components of firearms or ammunition.
(Added to NRS by 2007, 358)

I forgot to add this section....

NRS 41.0395 Person from whom firearm is unlawfully confiscated may commence action against State or political subdivision responsible for confiscation; court in which action may be commenced; court shall award attorney’s fees and costs.

1. A person from whom a firearm is confiscated in violation of NRS 414.155 may seek relief in a suit, action or other proceeding at law or in equity, including, without limitation, an action for the return of the firearm, against:
(a) The State of Nevada or a political subdivision thereof; and
(b) The officer or employee of the State or a political subdivision thereof or worker who confiscated or authorized the confiscation of the firearm.

2. The proceeding may be commenced in a court of competent jurisdiction in the county in which:
(a) The person bringing the proceeding resides; or
(b) The firearm may be found.

3. If a person who brings a proceeding pursuant to this section prevails, the court shall award the person, in addition to any other remedy provided by law, reasonable attorney’s fees and costs.

4. As used in this section:
(a) “Firearm” has the meaning ascribed to it in NRS 414.0355.
(b) “Worker” has the meaning ascribed to it in NRS 414.110.
(Added to NRS by 2007, 359)
__________________
Big Dawg #1408, TT #1408
Moto Club #1408, GSSF Member, NRA RSO
NRA Benefactor Member

Last edited by jpa; 03-31-2012 at 20:43..
jpa is offline   Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump




All times are GMT -6. The time now is 07:36.



Homepage
FAQ
Forums
Calendar
Advertise
Gallery
GT Wiki
GT Blogs
Social Groups
Classifieds


Users Currently Online: 980
339 Members
641 Guests

Most users ever online: 2,244
Nov 11, 2013 at 11:42