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NC Update

The governor does the right thing:

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.

14 Responses to “NC Update”

  1. Chris Says:

    If you look at other sections of 14-288, it appears that both the Governor and County chairmen have the power to not only restrict carry off your property but also to restrict possession on your property. By the looks of it, they have the legal power to go door to door and consficate guns under 14-288.14 and .15.

  2. Jake Says:

    Unfortunately, under Article 36A of Chapter 14, it does trigger the weapons restrictions – from the plain language of 14-288.7 it’s automatic that it applies in any area under a declared state of emergency. I don’t think the governor has the power to suspend that statute.

  3. Sean D Sorrentino Says:

    I’m with Jake. She can’t arbitrarily decide that some laws don’t apply.

  4. John Richardson Says:

    As I noted on my blog last night, her 3 prior EOs which declared a state of emergency explicitly did it under Chapter 166A and made clear it was not under Chapter 14.

    Both Jake and Sean are right. Of course, the Governor’s Office will call us trouble makers and rumor mongerers but such as life.

  5. Mike Says:

    Too bad the legislature didn’t simply pass the emergency powers bill this session. Unfortunately, some folks were more interested in gambling with our rights in the courts than fixing it. Thanks for nothing.

  6. Cargosquid Says:

    “impose any limitation on the consumption, transportation, sale or purchase of alcoholic beverages.”

    I can’t believe no one is commenting on THIS! Restricting alcohol during a hurricane? How can you have a hurricane party without booze?! Its uncivilized!

  7. comatus Says:

    Uncivilized? THIS.IS.NOTHCALINA.

    Alcohol has *never* been legal there. It’s always been there, though.

  8. Druid Says:

    Counties included in the State of Emergency include Cumberland and Harnett, both of which I had lived in for a few years, and home of Fort Bragg.

    One of the many reasons I left that (part of a) coastal state was that that the nearest coast was in another state, Myrtle Beach SC, over a hundred miles away.

    Gov Scrunt expects some sort of extreme storm surge over a hundred miles inland? Or is an expected heavy rain sufficient cause for a SoE?

  9. Dan Says:

    It was easiest to put all counties east of I-95 in the declaration.

  10. markofafreeman Says:

    “Too bad the legislature didnt simply pass the emergency powers bill this session. Unfortunately, some folks were more interested in gambling with our rights in the courts than fixing it. Thanks for nothing.”

    Mike: Apparently you aren’t up to speed on Alan Gura’s successes. They’ll be another opportunity to modify Article 36A Chapter 14. AFTER, the governor loses this case, setting a precedent that is likely to have an affect far beyond NC, and far beyond emergency powers. (Think this: fixing Scalia’s maddening “sensitive places” portion of the Heller ruling.)

    Heck, think about it: after the uproar over EO62 being issued the day before dove season, old Bev made comments to the effect that she didn’t intend to invoke the firearms prohibition portion of the statute. Her next three EOs specifically use a statute that doesn’t ban firearms. And this one uses the one that bans them, but specifically (and incorrectly) says it doesn’t invoke the ban. I have to wonder if Alan Gura, SAF, and GRNC aren’t watching these actions very closely. No matter *what* she does regarding this, in my opinion, she hurts the state’s case in court.

    So, have you ponied up any cash to help the SAF, an organization that actually has a strategy that is working? I’m a SNBI, Threeper, absolutist, but even I can see this approach makes the most sense. And as a life member of the NRA, I called them and gave ’em hell when they foolishly tried to revive the repeal near the end of the session.

  11. Druid Says:

    “It was easiest to put all counties east of I-95 in the declaration.”

    The declaration was not for ‘all counties east of I-95’, it for the specified counties.

  12. Druid Says:

    When is the sunset on the EO? It did appear to be set within the EO itself…

  13. Chris Says:

    Jake, Sean… If you read the rest of chapter 14-288, she does have the power to decide… look at sections 14-288.14, .15 and .16…

  14. John Richardson Says:

    @Chris: I don’t mean to be pedantic but she doesn’t have the power to decide. Section 14-288.15 which gives the Governor the power to exercise control during States of Emergency and states she may exercise at her discretion powers enumerated in Sec. 14-288-12b. These prohibitions are in addition to the basic prohibition contained in Sec. 14-288.7 which instantly goes into effect with the proclamation of a State of Emergency. The exceptions on possessing a firearm off one’s premises that as contained in Sec. 14-288.7 refer to the persons exempted from having to have a Concealed Handgun Permit (Sec. 14-269). These are military and National Guard only when on actual duty and LEOs, either on or off duty so long as sworn.

    The bottom line is that Bev Perdue does NOT have the power to decide the base firearm prohibition – only the greater restrictions.