tag:blogger.com,1999:blog-4146148016062694502.post605212476154104793..comments2024-01-05T12:03:52.460-05:00Comments on No Lawyers - Only Guns and Money: Hurricane Irene Brings With It The Usual NC State Of EmergencyJohn Richardsonhttp://www.blogger.com/profile/03151468462458613615noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-4146148016062694502.post-80280422496220691382011-08-26T13:05:57.456-04:002011-08-26T13:05:57.456-04:00This all stems from the single moms out there thin...This all stems from the single moms out there thinking they can change the world!Dannythemanhttps://www.blogger.com/profile/11989960286856430952noreply@blogger.comtag:blogger.com,1999:blog-4146148016062694502.post-6820779075378399162011-08-26T11:30:08.256-04:002011-08-26T11:30:08.256-04:00Never mind, I found it. G.S. 14-288.1 defines a &q...Never mind, I found it. G.S. 14-288.1 defines a "declared state of emergency". Interestingly enough, it seems local officials can also invoke the weapons ban.<br /><br />"§ 14‑288.1. Definitions.<br /><br />Unless the context clearly requires otherwise, the definitions in this section apply throughout this Article:<br /><br /><i>"§ 14‑288.1. Definitions. [...] (3) "Declared state of emergency": A state of emergency found and proclaimed by the Governor under the authority of G.S. 14‑288.15, by any mayor or other municipal official or officials under the authority of G.S. 14‑288.12, by any chairman of the board of commissioners of any county or other county official or officials under the authority of G.S. 14‑288.13, by any chairman of the board of county commissioners acting under the authority of G.S. 14‑288.14, by any chief executive official or acting chief executive official of any county or municipality acting under the authority of any other applicable statute or provision of the common law to preserve the public peace in a state of emergency, or by any executive official or military commanding officer of the United States or the State of North Carolina who becomes primarily responsible under applicable law for the preservation of the public peace within any part of North Carolina."</i><br /><br />Also interesting is that it seems the governor's authority to declare a disaster under Article 1 of Chapter 166A requires - unless the President has declared a disaster under the Stafford Act - that a local official has declared a state of emergency under Article 36A Chapter 14 - thus invoking the weapons ban anyway.Jake (formerly Riposte3)https://www.blogger.com/profile/02976718318892210404noreply@blogger.comtag:blogger.com,1999:blog-4146148016062694502.post-7331111716941264952011-08-26T11:06:03.824-04:002011-08-26T11:06:03.824-04:00Also, just out of curiosity...
The statute in que...Also, just out of curiosity...<br /><br />The statute in question simply says it applies "in any area [...] In which a declared state of emergency exists". What is the difference in the other method of declaring a state of emergency that would prevent it from triggering this statute?<br /><br />The statute itself does not differentiate between how the state of emergency is declared - thus, based on the plain language, it should apply in any declared state of emergency, regardless of which section is used to declare it.Jake (formerly Riposte3)https://www.blogger.com/profile/02976718318892210404noreply@blogger.comtag:blogger.com,1999:blog-4146148016062694502.post-64243181558782013572011-08-26T10:38:20.745-04:002011-08-26T10:38:20.745-04:00Here's my inquiry to Sheriff Bizzell of Johnst...Here's my inquiry to Sheriff Bizzell of Johnston County (also posted on my blog):<br /><br />Sheriff Bizzell,<br /> I note that Governor Bev Perdue's Executive Order 103 has this in Section 7:<br /><br />"This order is adopted pursuant to my powers under Article 1 of Chapter 166A of the General Statutes and under Article 36A of Chapter 14 of the General Statutes. It does not trigger the limitations on weapons in G.S. § 14-288.7 or impose any limitation on the consumption, transportation, sale or purchase of alcoholic beverages."<br /><br />Unfortunately, there are many who are of the opinion that the Governor has no legal authority to invoke Article 36A of Chapter 14 in an a-la carte fashion. She can invoke Article 1 of Chapter 166A, which has done with some previous Executive Orders if she so chooses, and I note she has in the past.<br /><br />I typically go armed everywhere I can, as it is within my rights, and often carry openly. I carry openly when I shop for groceries. I plan to do so tonight to be sure I'm well supplied for Hurricane Irene.<br /><br />Could you please clarify for me how your deputies will be informed regarding encounters with legally armed citizens during this state of emergency that on the one hand makes it illegal to possess arms off of our own property, but on the other hand, the Governor has unilaterally modified a codified statute declaring that she is not invoking the prohibition on firearms portion of it?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4146148016062694502.post-41916384202581208242011-08-26T10:36:50.535-04:002011-08-26T10:36:50.535-04:00Also, as noted at Confederate Yankee "Governo...Also, as noted at <a href="http://confederateyankee.mu.nu/archives/320567.php" rel="nofollow">Confederate Yankee</a> "Governor Purdue made this declaration while the state was at work, meaning everyone who has a carry permit and lives east of Interstate 95 who was away from home instantly became a criminal by proclamation."<br /><br />Hopefully, no one got caught by that bad timing.<br /><br />wv: buffies - Hopefully, they have plenty of buffies on hand to deal with the inevitable post-hurricane vampire hordes.Jake (formerly Riposte3)https://www.blogger.com/profile/02976718318892210404noreply@blogger.com