The Down Range Forum

Member Section => Politics & RKBA => Topic started by: Hazcat on February 08, 2010, 04:12:32 PM

Title: Residents Fumed Over Weekend Alcohol, Firearm Ban (NC)
Post by: Hazcat on February 08, 2010, 04:12:32 PM
KING, N.C. -- Residents in King were fumed over the weekend after a state of emergency declaration restricted the sale of alcohol and the carrying of firearms in vehicles.

King Police Chief Paula May More

King Police Chief Paula May said she’s received hundreds of threats related to the restrictions, which banned driving from 12 a.m. Sunday to 5 a.m.

The state of emergency for King was declared by members of the City Council after Stokes County authorities also declared a state of emergency.

Under North Carolina law, May said, when a state of emergency is put into place that includes a ban on driving, the sale of alcohol and carrying of firearms in vehicles is also banned.

“I think there’s been some misinterpretation that I personally have declared martial law and taken away people’s right to bear arms and that’s erroneous,” May told WXII reporter Jermont Terry. “By law, statue 14-288.7 automatically went into effect. And that law which goes into effect when there’s a state of emergency prohibits the transportation, purchase sale and possession of firearms other than on one's own premises.”

The news of the ban created a firestorm of criticism.

“This is absolutely the craziest thing I have ever heard. So far fetched that I am speechless!” one post on WXII12.com read.

“This has to be the most ridiculous event of the century!!!!! This is the ultimate denial of liberties for the most asinine reason...bad weather!!!” another poster wrote.

May said officers did pull people over who were in violation of the curfew driving ban, but no tickets were issued.

“We did find some people on the streets,” May said. “We didn’t take any enforcement actions. We spoke to the people driving and helped them to get to where they needed to be.”

May wouldn’t give details on the types of threats other than to say they had been phoned, faxed and e-mailed.

“We have to take them all serious and we’ll investigate to the best of our ability and determine the source of those threats,” she said.

The state of emergency was lifted Monday morning.

http://www.wxii12.com/news/22487153/detail.html

LOTS of comments at link
Title: Re: Residents Fumed Over Weekend Alcohol, Firearm Ban (NC)
Post by: Pathfinder on February 08, 2010, 04:44:54 PM
KING, N.C. -- Residents in King were fumed over the weekend after a state of emergency declaration restricted the sale of alcohol and the carrying of firearms in vehicles.

King Police Chief Paula May More

King Police Chief Paula May said she’s received hundreds of threats related to the restrictions, which banned driving from 12 a.m. Sunday to 5 a.m.

The state of emergency for King was declared by members of the City Council after Stokes County authorities also declared a state of emergency.

Under North Carolina law, May said, when a state of emergency is put into place that includes a ban on driving, the sale of alcohol and carrying of firearms in vehicles is also banned.

“I think there’s been some misinterpretation that I personally have declared martial law and taken away people’s right to bear arms and that’s erroneous,” May told WXII reporter Jermont Terry. “By law, statue 14-288.7 automatically went into effect. And that law which goes into effect when there’s a state of emergency prohibits the transportation, purchase sale and possession of firearms other than on one's own premises.”

The news of the ban created a firestorm of criticism.

“This is absolutely the craziest thing I have ever heard. So far fetched that I am speechless!” one post on WXII12.com read.

“This has to be the most ridiculous event of the century!!!!! This is the ultimate denial of liberties for the most asinine reason...bad weather!!!” another poster wrote.

May said officers did pull people over who were in violation of the curfew driving ban, but no tickets were issued.

“We did find some people on the streets,” May said. “We didn’t take any enforcement actions. We spoke to the people driving and helped them to get to where they needed to be.”

May wouldn’t give details on the types of threats other than to say they had been phoned, faxed and e-mailed.

“We have to take them all serious and we’ll investigate to the best of our ability and determine the source of those threats,” she said.

The state of emergency was lifted Monday morning.

http://www.wxii12.com/news/22487153/detail.html

LOTS of comments at link


How about this for a source - your stupidity and unconstitutional actions? ? ? ?
Title: Re: Residents Fumed Over Weekend Alcohol, Firearm Ban (NC)
Post by: twyacht on February 08, 2010, 04:47:46 PM
King, NC is one of those "2 Stop Light" towns in Forsyth county, northern central part of the state. There is really nothing there.

As a former NC resident, I can guarantee that just north of there in Alleghany County, and the mountain counties just west of there, this kind of BS wasn't done.

This is just one little "hick" town Chief of Police that doesn't know any better.

Try that crap up in Boone, Sparta, or Meat Camp (yes that's a real town), where the shotgun rack in the pick up window is mandatory equipment.

Those good ol' boys are still laughin' at her.... :P

Mmmmmm, homemade Peach Brandy by the fireplace,..... ;)

Title: Re: Residents Fumed Over Weekend Alcohol, Firearm Ban (NC)
Post by: texcaliber on February 08, 2010, 04:57:57 PM
Quote
This is just one little "hick" town Chief of Police that doesn't know any better

This is a Cancer. No matter how small. It always spreads.

tex
Title: Re: Residents Fumed Over Weekend Alcohol, Firearm Ban (NC)
Post by: Hazcat on February 08, 2010, 05:01:45 PM
My question is ; how does the state laws read on firearms?  In FL the state 'occupies the whole field' which means no local hanky panky with laws.

Title: Re: Residents Fumed Over Weekend Alcohol, Firearm Ban (NC)
Post by: twyacht on February 08, 2010, 07:15:12 PM
My question is ; how does the state laws read on firearms?  In FL the state 'occupies the whole field' which means no local hanky panky with laws.



County Sheriff's are given a wide amount of latitude regarding Purchase Permits, but CCW permits are issued by the State. NC is one of those "Red States" with a rampant amount of "Blue" in the State Legislature. Towns like Greensboro, Winston-Salem, Chapel Hill, are really "Blue".

"Technically" the Chief was following the law. pg 23 Section 5.


http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf

"Areas of Emergency and Riots" It is 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 of a declared state of emergency, or in the vicinity of a riot. N.C. Stat. 14-288.7.
A Concealed Handgun Permit DOES NOT allow a permit holder to carry in these areas. 14-415.11.

It just is NOT enforced in the other rational counties.... Another reason, that I left. But it just pertains to off premises, not your own property.
Title: Re: Residents Fumed Over Weekend Alcohol, Firearm Ban (NC)
Post by: Fatman on February 08, 2010, 07:44:38 PM
Weeeelllll, it seems the NC State Constitution is a little mixed up and quite contrary. "Keep and bear arms shall not be infringed" in one line, and the bolded part in another, infringing on that right. Bold mine.  When was section 30 written? I bet it was amended or added later. Every English Prof (yep, even the liberal ones) said or begrudgingly admitted the 'well regulated militia' segment is a subjunctive clause, and 'RTKBA' holds it's own independent of that clause.

Quote
Sec. 30.  Militia and the right to bear arms.

A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed; and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power.  Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.

http://www.ncga.state.nc.us/Legislation/constitution/article1.html (http://www.ncga.state.nc.us/Legislation/constitution/article1.html)

Some quick searches found this - http://statelibrary.ncdcr.gov/nc/STGOVT/PRECONST.HTM (http://statelibrary.ncdcr.gov/nc/STGOVT/PRECONST.HTM) Seems the constitution was 'rewritten' a few times, most recently in 1971 after a 60s convention.  I'll search more, maybe see what the original constitution said. The source does say Art I was changed, but only addresses certain changes....
Title: Re: Residents Fumed Over Weekend Alcohol, Firearm Ban (NC)
Post by: twyacht on February 08, 2010, 07:56:00 PM
NC is its own worst enemy. There is an open carry law still on the books, and there is also a "Brandishing To The Terror Of The Public".

Weeeelllll, it seems the NC State Constitution is a little mixed up and quite contrary. "Keep and bear arms shall not be infringed" in one line, and the bolded part in another, infringing on that right. Bold mine.  When was section 30 written? I bet it was amended or added later. Every English Prof (yep, even the liberal ones) said or begrudgingly admitted the 'well regulated militia' segment is a subjunctive clause, and 'RTKBA' holds it's own independent of that clause.

http://www.ncga.state.nc.us/Legislation/constitution/article1.html (http://www.ncga.state.nc.us/Legislation/constitution/article1.html)



Your Exactly Right Fatman, the State Legislature has always counted on "legal experts" from Chapel Hill, Duke, etc,... to write the laws, amendments, etc,...

They are about as close to a John Edwards type as you can get. It's a bunch of crap, and they know it. That's why most local Sheriff's don't enforce the downright STUPID (S***).
Title: Re: Residents Fumed Over Weekend Alcohol, Firearm Ban (NC)
Post by: Fatman on February 08, 2010, 07:57:49 PM
Found it. The NC Constitution of 1776, Art  I Sec 17 simply states -
Quote
17. That the people have a right to bear arms, for the defense of the State; and as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.

http://www.nhinet.org/ccs/docs/nc-1776.htm (http://www.nhinet.org/ccs/docs/nc-1776.htm)

Seems someone has been naughty... I bet The People of NC were hoodwinked.

And this is why we cannot allow another Fed Con Convention.
Title: Re: Residents Fumed Over Weekend Alcohol, Firearm Ban (NC)
Post by: twyacht on February 08, 2010, 08:06:08 PM
Seems 1 + 2 have been violated by all 50 states....

1. That all political power is vested, in and derived from, the people only.

2. That the people of this State ought to have the sole and exclusive right of regulating the internal government and police thereof.

There were some big amendments to the NC Constitution back when it was a real "Red State", I don't know how that was amended to the amendments.... >:(

Some as recent as the mid 90's when NC passed CCW. Than the state went steadily more to the left, and now it's a great "mud" of laws, that will damn you one way or another.

Title: Re: Residents Fumed Over Weekend Alcohol, Firearm Ban (NC)
Post by: tombogan03884 on February 09, 2010, 02:14:15 AM
My question is ; how does the state laws read on firearms?  In FL the state 'occupies the whole field' which means no local hanky panky with laws.



Doesn't matter, Tom Gresham was talking about this, It seems there a FEDERAL Law that says she screwed her town out of any federal clean up funding.
Title: Re: Residents Fumed Over Weekend Alcohol, Firearm Ban (NC)
Post by: crusader rabbit on February 09, 2010, 07:49:35 AM
Remember what happened after Katrina?  Firearms were confiscated by the NO LEOs.  Remember how SCOTUS finally told Nagin he couldn't do that (two years later) and they had to give everything back?  Remember how few of those firearms were actually returned to their rightful owners?  It will happen anytime the government feels a threat exists.  Then there will be mea culpas and we're sorry and a few weapons will be returned.

It seems to me what we most learn from history is that we don't learn from history.  We may be able to start a revolution at the ballot box.  But we DO need to get back to the basic principles upon which this nation was founded.  November 2010 is not that far off.  And 2012 is just around the corner.  Read the Constitution.  Learn what you believe.  Then vote the b@st@rds OUT.
Title: Re: Residents Fumed Over Weekend Alcohol, Firearm Ban (NC)
Post by: texcaliber on February 09, 2010, 08:11:43 AM
This is a prefect reason to stock up on a few cases of your 'Adult Beverage' of choice.  Good for:

-barter
-erroneous laws
-state of emergency
-other various shenanigans

tex
Title: Re: Residents Fumed Over Weekend Alcohol, Firearm Ban (NC)
Post by: ericire12 on February 09, 2010, 12:52:09 PM
IMO a delcaration of a state of emergency should lift all requirements for a CWP and allow ANYONE to carry a firearm on their person....... Why is the knee jerk reaction to try to take guns out of the hands of law abiding citizens?
Title: Re: Residents Fumed Over Weekend Alcohol, Firearm Ban (NC)
Post by: Fatman on February 09, 2010, 05:59:47 PM
IMO a delcaration of a state of emergency should lift all requirements for a CWP and allow ANYONE to carry a firearm on their person....... Why is the knee jerk reaction to try to take guns out of the hands of law abiding citizens?

Because we may end up shooting their voter base.
Title: Re: Residents Fumed Over Weekend Alcohol, Firearm Ban (NC)
Post by: Rastus on February 10, 2010, 08:51:54 PM
Because we may end up shooting their voter base.

! ! ! WINNER ! ! !