The Bateman case is a challenge to North Carolina's statute that makes it illegal to carry a firearm off your own land during a declared emergency; defendants have moved to dismiss, as I recall. So here comes Hurricane Earl, and the governor's declaration of a state of emergency, three days before dove season starts.
I wonder how this law meshes with the North Carolina militia laws. Most states I know of still have common or unorganized militia codes that usually rely on private owners bringing their own arms in an emergency. Granted in some cases, like California, the State defense force can't bear arms until the National Guard is fully activated and or sent out of state. But after that, unless the state has its own reserve of arms, all State forces below the National Guard rely on privately owned (or not federally supplied) arms when activated.
Posted by: James Gibson at September 2, 2010 02:26 PM
Yep. And this kind of crap is what you get when the supreme court ignorantly and stupidly declares that the Bill of Rights does not bind the States. My G-d, Marshall was flat out dumb!!!!! He couldn't grasp the simplest things about the Constitution. AND he fouled things up for We the People with the crap that spewed forth from his .....
Then to make matters worse, the SC pulls the Doctrine of Incorporation out of their collective ..... BUT leaves holes in our Rights big enough to drive a train through.
As the Irish say: Tiocfaidh ar la!
Posted by: fwb at September 3, 2010 09:21 AM
The Governor's Office is trying to backpedal on this. They are saying nothing in her declaration would interfere with hunters and dove season and for hunters to go out and have a good time.
They even have an opinion from some attorney in the AG's Office saying he sees nothing restricting hunting in the declaration.
However, the law states that whenever a state of emergency exists the possession and transport of deadly weapons - and I think a Remington 870 qualifies - off-premises is forbidden except for LEO and military in the course of their duties. Gov. Bev Perdue declared a state of emergency on Sept 1 in E.O. 62.
Neither state law nor the NC Constitution give the Governor the power to just abrogate laws that are inconvenient to her. Nor should it.
What should happen is that this law which was passed in 1969 in response to race riots be stricken from the books or highly modified. Unfortunately, the Democrat controlled General Assembly bottled up such a bill in the last session.
Posted by: John Richardson at September 3, 2010 10:26 AM
Ah, cry for my beloved Old North State.
This, like most of our firearms laws, reveals our state government for what it is - a craven pack of racist Democrats raised from the miasma of Jim Crow-politics and enabled by the vapid Andy Griffith-style, child like and innocent Chapel Hill-variety of white progressive liberals. And when I say "child like" I mean retarded and barely able to function in a world of sharp objects.
This produces tomfoolery like our current Governor, Ms. Perdue; our former Governor, Mr. Easley, and our former Senator, Mr. Edwards. All vapid Andy Griffith-style, child like, innocent Chapel Hill-variety of white progressive liberals. Except that they are unethical, power-mad, and deadly stupid.
Our pistol purchase permit is a relic of early 1900s Jim Crowism that was designed to prevent "undesirables" (uppity Coloreds and nasty old Republicans) from being armed in their own defense when the gentile and refined white Democrats had to send the Sheriff and his posse of "stalwarts" (i.e., Klansmen) around to put them back in their place.
This statute, which grew out of the unpleasant race riots of the 1960s, likewise is designed to maintain the established Democratic order of things.
Of course, these are laws that our esteemed autocratic General Assembly never thought would be used against "the right sort of people".
And then we have our schizophrenic "weapons of mass destruction" laws which forbid NFA firearms (except they don't) - just ask our rabid anti-gun Attorney General, Mr. Roy Cooper, who insists that sheriffs not issue the required machine gun permits even though he (Mr. Cooper) has no constitutional authority over them (except that conferred by Democratic party machine politics).
But that's okay. Mr. Cooper interprets our state firearms laws as wishes.
And sometimes our vapid Andy Griffith-style, child like and innocent Chapel Hill-variety of white progressive liberals call themselves "Republicans".
Posted by: Major_Mike at September 3, 2010 01:11 PM