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Campfire Ranger
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Campfire Ranger
Joined: Jun 2004
Posts: 16,740 |
Is your vehicle considered premises? You'd end up in court trying to prove it.
A government is the most dangerous threat to man�s rights: it holds a legal monopoly on the use of physical force against legally disarmed victims.
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Joined: Oct 2006
Posts: 21,959
Campfire Ranger
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Campfire Ranger
Joined: Oct 2006
Posts: 21,959 |
Time for a new governor, perhaps? As a property owner in the great state of North Carolina there is absolutely NO doubt about that observation!!!!!!!! No perhaps to it---  OK, I take back the "perhaps." Happy now?  
"For joy of knowing what may not be known we take the golden road to Samarkand."
James Elroy Flecker
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Joined: Oct 2005
Posts: 13,065
Campfire Outfitter
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Campfire Outfitter
Joined: Oct 2005
Posts: 13,065 |
Would be better to bulldoze the whole state government of NC & start over from scratch
Mike
Always talk to the old guys , they know stuff.
Jerry Miculek
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Joined: Feb 2001
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Campfire Tracker
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Campfire Tracker
Joined: Feb 2001
Posts: 6,284 |
When I heard about this today I called a NCWRC enforcement officer that I hunt with some. He told me that he had an email from WRC HQ that said the dove opener was unaffected by the storm. Guess the departments in Raleigh have differing opinions as to what constitutes carrying a weapon off your property. I started the morning in Wilmington in a hotel, and worked the area, then up to J'ville, Richlands and Kinston before getting home at 5:00 pm. What are you supposed to do when the governor makes a declaration and you aren't home - throw the damn pistol in the river? We badly need to clean out the rat's nest in Raleigh - 150 years of Democrat control has led to terminal inbreeding. By the way, I stopped in two gunshops today on my way back north - all were happily selling ammo and shotguns prior to the dove opener - guess no one in Raleigh informed them either.
Ps Happy Birthday Mike!!
One of the sanest, surest, and most generous joys of life comes from being happy over the good fortune of others.
Archibald Rutledge
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Joined: Apr 2004
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Campfire Kahuna
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Campfire Kahuna
Joined: Apr 2004
Posts: 61,130 |
The NRA knows about it; Gura is already litigating it; without the NRA backing him.
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Joined: Apr 2009
Posts: 33,971
Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2009
Posts: 33,971 |
Time for a new governor, perhaps? As a property owner in the great state of North Carolina there is absolutely NO doubt about that observation!!!!!!!! No perhaps to it--- OK, I take back the "perhaps." Happy now? I'm always happy!!!! In fact, Happy Labor Day!!!
Proud to be a true Sandlapper!!
Go Nats!!!!
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Joined: Apr 2004
Posts: 61,130
Campfire Kahuna
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Campfire Kahuna
Joined: Apr 2004
Posts: 61,130 |
Hmmmm..... Out of the state when she declares this BS "state of emergency" for the whole state.
Lawfully carried when I left the state, lawfully carried in the other state(s).
She declares a "state of emergency", and now I'm lwft with three choices:
1) Break a federal law by transfer of a handgun across state lines without an FFL;
2) Break a state law by going home;
3) Don't go home until the "emergency" passes.
You know, I think my civil rights just got violated....
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Joined: Oct 2006
Posts: 21,959
Campfire Ranger
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Campfire Ranger
Joined: Oct 2006
Posts: 21,959 |
Time for a new governor, perhaps? As a property owner in the great state of North Carolina there is absolutely NO doubt about that observation!!!!!!!! No perhaps to it--- OK, I take back the "perhaps." Happy now? I'm always happy!!!! In fact, Happy Labor Day!!! And to you also. A three day weekend is most welcome. 
"For joy of knowing what may not be known we take the golden road to Samarkand."
James Elroy Flecker
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Joined: Apr 2010
Posts: 20,683
Campfire Ranger
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Campfire Ranger
Joined: Apr 2010
Posts: 20,683 |
buncha freakin outlaws
disregarding an executive order
no wonder I like you'se guys
I'm pretty certain when we sing our anthem and mention the land of the free, the original intent didn't mean cell phones, food stamps and birth control.
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Joined: Feb 2001
Posts: 6,284
Campfire Tracker
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Campfire Tracker
Joined: Feb 2001
Posts: 6,284 |
Just got this from NCWRC: 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. For more information on hunting, visit www.ncwildlife.org.
One of the sanest, surest, and most generous joys of life comes from being happy over the good fortune of others.
Archibald Rutledge
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Joined: Apr 2004
Posts: 61,130
Campfire Kahuna
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Campfire Kahuna
Joined: Apr 2004
Posts: 61,130 |
Just got this from NCWRC: 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. For more information on hunting, visit www.ncwildlife.org. Simple reading of the damned section as applicable, proves the governor's office full of schit.
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Joined: Apr 2004
Posts: 61,130
Campfire Kahuna
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Campfire Kahuna
Joined: Apr 2004
Posts: 61,130 |
Here's the Second Amendment Foundation's current suit against NC and this "emergency powers ban" BS: http://saf.org/legal.action/nc.lawsuit/nc_complaint.pdfI'll be calling them this morning.
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Joined: Oct 2003
Posts: 4,516
Campfire Tracker
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Campfire Tracker
Joined: Oct 2003
Posts: 4,516 |
What are the legal definitions of "dangerous weapon" and "dangerous substance" in NC?
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Joined: Apr 2004
Posts: 61,130
Campfire Kahuna
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Campfire Kahuna
Joined: Apr 2004
Posts: 61,130 |
Read the complaint. It isn't long, and lays out the definitions and premises quite well.
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Joined: Oct 2003
Posts: 4,516
Campfire Tracker
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Campfire Tracker
Joined: Oct 2003
Posts: 4,516 |
Saw the definition in the lawsuit that VANimrod posted. Basically, a shotgun with #8 shot is a "dangerous weapon" since it is a "deadly weapon." I supposed an unloaded shotgun could be considered a deadly weapon too since it could be used as a club, albeit not a very efficient club.
Stay safe and keep your powder dry (and get rid of the scoundrels in Raleigh at the earliest opportunity).
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Joined: Apr 2004
Posts: 61,130
Campfire Kahuna
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Campfire Kahuna
Joined: Apr 2004
Posts: 61,130 |
A firearm, loaded or not, is a dangerous weapon under the statute. Technically, even "ammunition" is a dangerous weapon under that statute. One loose .22LR rolling around in your truck, and you're in violation of the statute the way that it is written, regardless of what Perdue's office is trying to say now. Ditto the same for a tire bat, a baseball bat, or hunting knife.
NC Gen.Stat. section 14-288.1(2) "Dangerous weapon or substance": Any deadly weapon, ammunition, explosive, incendiary device, radioactive material or device, as defined in G.S. 14‑288.8(c)(5), or any instrument or substance designed for a use that carries a threat of serious bodily injury or destruction of property; or any instrument or substance that is capable of being used to inflict serious bodily injury, when the circumstances indicate a probability that such instrument or substance will be so used; or any part or ingredient in any instrument or substance included above, when the circumstances indicate a probability that such part or ingredient will be so used.
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Joined: Apr 2004
Posts: 61,130
Campfire Kahuna
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Campfire Kahuna
Joined: Apr 2004
Posts: 61,130 |
Here's the .gov declaration: 9/1/2010
EO 62: Proclamation of a state of Emergency
EXECUTIVE ORDER NO. 62
PROCLAMATION OF A STATE OF EMERGENCY
BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA
DUE TO HURRICANE EARL
Pursuant to the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina:
Section 1.
I declare that a state of emergency exists in the State due to the approach of Hurricane Earl.
Section 2.
I order all state and local government entities and agencies to cooperate in the implementation of the provisions of this proclamation and the provisions of the North Carolina Emergency Operations Plan.
Section 3.
I delegate to Reuben F. Young, Secretary of Crime Control and Public Safety, or his designee, all power and authority granted to me and required of me by Article 1 of Chapter 166A of the General Statutes and Article 36A of Chapter 14 of the General Statutes for the purpose of implementing the State�s Emergency Operations Plan and to take such further action as is necessary to promote and secure the safety and protection of the populace in North Carolina.
Section 4.
Further, Secretary Young, as chief coordinating officer for the State of North Carolina, shall exercise the powers prescribed in G.S. � 143B-476.
Section 5.
I further direct Secretary Young to seek assistance from any and all agencies of the United States Government as may be needed to meet the emergency and seek reimbursement for costs incurred by the State in responding to this emergency.
Section 6.
I hereby order this proclamation: (a) to be distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; (b) unless the circumstances of the state of emergency prevent or impede, to be promptly filed with the Secretary of Crime Control and Public Safety, the Secretary of State, and the clerks of superior court in the counties to which it applies; and (c) to be distributed to others as necessary to assure proper implementation of this proclamation.
Section 7.
This Executive Order is effective immediately and shall remain in effect for thirty (30) days or the duration of the emergency, whichever is less.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this day first of September in the year of our Lord two thousand and ten, and of the Independence of the United States of America the two hundred and thirty-fifth.
__________________________________________
Beverly Eaves Perdue
Governor
ATTEST:
__________________________________________
Elaine F. Marshall
Secretary of State Now, the governor's office (just called them) said that it doesn't impact the 2A. Wrong. Declaration of a "state of emergency", puts into force ALL sections of Article 36A, Section 14 of the North Carolina General Statutes. Delegation of that authority to the Secretary of Crime Control and Public Safety enables law enforcement to enforce the same above.
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Joined: Apr 2004
Posts: 61,130
Campfire Kahuna
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Campfire Kahuna
Joined: Apr 2004
Posts: 61,130 |
The governor's office is spinning this one FAST, saying that they simply did not enact that part of the statutes. But, there's no exemption for such actions; once the state of emergency is declared, it's all in effect.
Called SAF; they are pushing forward with the litigation, it's currently in the state's response period for the initial filing, then the response filings from either side. Months away from any resolution.
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Joined: Sep 2007
Posts: 26,524
Campfire Ranger
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OP
Campfire Ranger
Joined: Sep 2007
Posts: 26,524 |
The governor's office was careful to have the Attorney generalissimo issue an opinion (and subsequent statute - can't remember the number) that a concealed weapon permit does not affect the state of emergency ruling about going outside you home armed. They did this just to be clear that they do not want guns on the streets during an SoE.
There was no wildlife exemption either, just as there is no CCW exemption. They are stuck between a rock and a hard place on this.
Yes, we need to get rid of the "D" goobermint here.
And their fuggin free loading supporters for that matter.
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Joined: Apr 2004
Posts: 61,130
Campfire Kahuna
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Campfire Kahuna
Joined: Apr 2004
Posts: 61,130 |
RWE;
Call, inbound.
I'd like to see that AG's opinion, too, if you can provide the link.
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