Blizzard Strips Gun Owners of Concealed Carry Privilege

[Thomas]

Blizzard Strips Gun Owners of Concealed Carry Privilege

http://nannystateliberationfront.net/2010/12/28/blizzard-strips-gun-owners-of-concealed-carry-privilege/

The recent blizzard that hammered North Carolina is also taking its toll on the state?s law abiding gun owners. Citizens possessing concealed carry permits who are caught packing heat during the ?state of emergency? will be subject to criminal charges, per the state?s firearms law.

On Christmas Day, Lt. Governor Walter Dalton, in consultation with Governor Bev Perdue, called in the National Guard as snow covered every county in the state. Once a state of emergency is declared, concealed carry permits become null and void, and those who aren?t familiar with this bizarre stipulation in the law are subject to arrest and criminal prosecution:

    It is also a misdemeanor under North Carolina law for a person to transport or possess, off his or her own premises, a dangerous weapon in an area during a declared state of emergency, or in the vicinity of a riot. N.C. Gen. Stat. ? 14-288.7

[FarmerRick]

Exactly the time when one might need a concealed weapon, perfect!


Omaha has a very similar ordinance, not sure if would apply to concealed permit holders or not.

[justsomeguy]

If I remember correctly NE was considering an "Emergency Powers" law to prevent this shortly after the New Orleans Katrina disaster.

Anyone know if this passed?

[FarmerRick]

from here: http://library1.municode.com/default-test/home.htm?infobase=10945&doc_action=whatsnew

ARTICLE IV.  STATE OF EMERGENCY CURFEW
Sec. 8-85.  Restriction of activities.
Whenever a state of emergency has been declared as provided for herein, the mayor is hereby authorized to take one or more of the following specified measures throughout the city or any part thereof:
(a)   Prohibit or limit the number of persons who may gather or congregate upon the public highways or public sidewalks, or in any outdoor place, except persons who are awaiting transportation, engaging in recreational activities at a usual and customary place, or peaceably entering or leaving buildings.
(b)   Establish a curfew limiting the hours when persons may go upon or travel the public streets.
(c)   Require the closing of cocktail lounges, taverns and bars and prohibit the sale or service of alcoholic beverages in any hotel, restaurant, club or other establishment, and require the closing of all other business establishments.
(d)   Prohibit or restrict the sale of gasoline or other inflammable liquids.
(e)   Prohibit the sale, carrying or possession on the public street or public sidewalks, or in any public park or square, of weapons including, but not limited to, firearms, bows and arrows, air rifles, slingshots, knives, razors or missiles of any kind.
(f)   To do any and all things and take such measures as are necessary to preserve the health, safety, and property of the citizens of this community.
(Code 1980, ? 8-85)

[justsomeguy]

I was referring to LB 1076 of 2008. Attached below. It was introduced by Kent Rogert of Tekamah.

It was designed to prevent the confiscations and the suspension of individual rights that occurred in New Orleans after hurricane Katrina.

When I heard about it I assumed it would pass.
How could there not be enough support for this?

[wrenrj1]

I don't know what to make of this article.  It's pretty vague.  I'd like to hear from someone from the state to see what's actually happening.

Just my .02 but the Article quoted by FarmerRick states   "the mayor is hereby authorized to take one or more of the following specified measures throughout the city or any part thereof"

Reading this, if this is the statute being used, seems to mean that under a Governor declared emergency, Mayors are given certain powers, one which MAY be exercised; Item (e) is carrying a firearm basically in a public area.  If you believe that ALL of these things will happen, well, do you think they're going to stop selling gasoline (Item d), or close bars(Item c)?  I doubt it.

Nebraska's Emergency Management Act gives the governor powers to suspend applicable state statutes and regulations developed by state agencies.  In a "Proclamation" as it's known in NE, the governor tends to be rather vague to allow agency heads to determine what statutes, rules, or regulations would need to be waived.  Seems odd, but it works.

[DanClrk51]

We need to get Mark Christensen to revive LB 1076 and include it with the Castle Doctrine and CCW signage legislation that is going to be introduced this next session here in January.

[Dan W]

If I recall Rogert's bill died in committee. Who knows why?

Ashford probably killed it with with a RINO load

[justsomeguy]

This is what happened to it.

The Senator replied quickly


Hey Dan,
 
1076 died at the close of session last April. I hadn't considered its re-introduction but wouldn't be against it. I have a fairly full plate this year already but we shall see what this next week brings. Thanks for the inquiry.
 
KR
krogert@leg.ne.gov

[Dan W]

I shoulda remembered better

[FarmerRick]

I put a little bug in Sen. Scott Price's ear about it via Facebook.