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State of emergency

In NC, it has been declared. That your rights are suspended in states of emergency is at issue in the courts.

And:

Starting Saturday at 12 noon, many thousands of North Carolinians will likely be guilty of an act that is a Class 1 misdemeanor for that is the opening of dove season.

12 Responses to “State of emergency”

  1. Robert Says:

    If I was single and didn’t have work and a young’un to keep watch over 24/7, I’d be down at the courthouse filing a motion for relief right now.

  2. Standard Mischief Says:

    This should be far easier to strike down because it’s for the whole fraking state.

    It would be a great news clip if someone could get to Ashville,NC and do a news story about the “state of emergency” and the non-issue of the weather.

  3. mikee Says:

    You don’t want to be the judge standing between a North Carolinian and the start of dove season. #7 stings!

  4. John Richardson Says:

    @Standard Mischief – You’ve given me an idea as I live just outside of Asheville. Now I just have to figure out the video camera part.

  5. ericire12 Says:

    The older I get, the more I am starting to believe that all of our rights are continguent upon how much shit hits the fan. I have no doubt that those clowns in Washington would have no problems “suspending” the entire frigin Constitution if they ever got the chance. Dont let a good crisis go to waste!

  6. Robert Says:

    John: I live in Asheville. I know someone that could help you with the video camera part, and he’s a member of GRNC. Let me know at my email: boycottchina1 at gmail dot com. Make sure you have the words “Boycott China” in the subject line of the email, otherwise my spam filter will automatically chew it up and spit it out.

  7. Rabbit Says:

    Tarheel State, huh?

    I think folks are misapplying it. They should be covering the whole legislator instead of just the feet.

  8. DaveP. Says:

    Meanwhile, at my zip code (just outside of High Point, in the heart of the Triad) the weather forecast is for another ten days of clear-and-sunny.

    Bev Purdue: Chicken-like Judgement.

  9. John Richardson Says:

    I got this email from the NC WRC at 6:45pm tonight:

    FOR IMMEDIATE RELEASE

    Dove Season Opens as Scheduled on Sept. 4

    RALEIGH, N.C. (Sept. 2, 2010) – Despite North Carolina’s current state of emergency, dove season will open as scheduled at noon on Sept. 4.

    After Gov. Perdue declared a state of emergency on Wednesday due to the impending arrival of Hurricane Earl, the N.C. Wildlife Resources Commission received numerous calls from the public asking if dove hunting will be allowed beginning this weekend. The Governor’s Office has informed the N.C. Wildlife Resources Commission that nothing in the current emergency declaration, Executive Order 62, invokes any provision of law that would prohibit lawful hunting activities, including transporting a firearm to and from a hunting location (subject to local emergency ordinances to the contrary). Hunters in coastal areas should stay tuned to local media for the latest updates on Hurricane Earl and related emergency conditions that could affect the safety of themselves or others.

    Despite what this says and what the Governor’s Office contends, there is nothing in Sec. 14-288-7 which prohibits the transport and possession of deadly weapons off-premises that says the law is at the Governor’s discretion or must be specifically invoked by her decree. It just say transport and possession off-premises is forbidden during a state of emergency.

  10. Spook45 Says:

    Think I would have to vote with my feet and move to a NON COMMIE state.

  11. blounttruth Says:

    It matters not what Sec. 14-288-7 states as it in and of itself is null and void. Article 6 P2 of the constitution does not allow for suspension of the constitution and has never been challenged since Marbury Vs. Madison. The 9th amendment guarantees that not even congress has the authority to remove a previously granted right, and is supported by the police powers clause in the 10th amendment which would put a constitutional limit on an officers ability to carry out such an act.

    I am no attorney, but would be curious for one with access to the present law libraries if the simple fact and writings of Am Jur volume 16 section 97 in itself does not nullify any states attempt to nullify even temporarily and the 2nd amendment specifically under the guise of an emergency? If this still holds true then even an executive order would be deemed null and void upon its inception. Anyone here that can verify?

  12. Robert Says:

    Ask the Governor to write that in an affidavit. Lets see if she means what she thinks she is saying.