Paul Valone

Charlotte Gun Rights Examiner

North Carolina governor suspends gun rights

September 2nd, 2010 12:09 pm ET

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State of emergency order makes criminals of concealed

handgun permit-holders, sport shooters and hunters.

[Raleigh] Yesterday, North Carolina Governor Beverly Perdue signed

Executive Order No. 62, declaring a State of Emergency in advance
of Hurricane Earle. In doing so, Perdue suspended the right of state
residents to use or carry firearms outside their premises.

At issue is N.C. General Statute 14-288.7, which prohibits

transporting a “dangerous weapon” during a state of emergency: In satellite image provided by the
National Oceanic and Atmospheric
§ 14 288.7. Transporting dangerous weapon or substance during Administration (NOAA), Hurricane Earl
moves through the Atlantic Ocean
emergency; possessing off premises; exceptions. toward the U.S. coast, leading three
(a) Except as otherwise provided in this section, it is unlawful Governors to declare states of
emergency.
for any person to transport or possess off his own premises any Photo: (Photo by NOAA via Getty
dangerous weapon or substance in any area: Images)

(1) In which a declared state of emergency exists; or

(2) Within the immediate vicinity of which a riot is occurring.
(b) This section does not apply to persons exempted from the provisions of G.S. 14 269 with
respect to any activities lawfully engaged in while carrying out their duties.
(c) Any person who violates any provision of this section is guilty of a Class 1 misdemeanor.
(1969, c. 869, s. 1; 1993, c. 539, s. 192; 1994, Ex. Sess., c. 24, s. 14(c).)

According to § 14 288.1 (10), a state of emergency exists “whenever, during times of public crisis,
disaster, rioting, catastrophe, or similar public emergency, public safety authorities are unable to maintain
public order or afford adequate protection for lives or property, or whenever the occurrence of any such
condition is imminent.”
Violation of the order is a Class I misdemeanor, punishable by up to 120 days in jail. Those impacted
include concealed handgun permit-holders, sport-shooters, and anyone else carrying a firearm outside
their home or business. Critics note that dove-hunting season begins on Saturday (September 4),
potentially making criminals of thousands of hunters.

NC DEMOCRATS REFUSE TO RECTIFY PROBLEM

In recent years, two North Carolina bills could have prevented infringement on individual rights under
state of emergency laws. Under Section 3 of House Bill 257: “No Seizure of Lawful Firearms in
Emergency,” sponsored by Rep. George Cleveland (R-Onslow) and three other legislators, lawfully
possessed firearms and ammunition would have been exempted from the state of emergency law.

Despite support from the stateʼs primary gun group, Grass Roots North Carolina*, and others the bill died
when it was denied a committee hearing by Democrat leadership, including Speaker Joe Hackney
(D-Chatham, Moore, Orange) House Majority Leader Hugh Holliman (D-Davidson) and Judiciary
Committee Chairman Representative Ronnie Sutton (D-Robeson).

The issue became more urgent in February, when the town of King declared a state of emergency in
response to an impending snowstorm and posted the entire town against the sale and purchase of
firearms and ammunition.

In response, GRNC worked with Rep. Mark Hilton (R-Catawba) to revamp the bill and introduce it again,
with stronger language on the state of emergency issue, during the second year of the legislatureʼs
two-year session as HB 2031. Referred to the House Judiciary I Committee, chaired by anti-gun Rep.
Deborah Ross, that bill too died when Democrats denied it a hearing.

LAWSUIT PENDING ON STATE OF EMERGENCY LAW

Ironically, in June GRNC joined Michael Bateman, Virgil Green, Forrest Minges, Jr., and the Second
Amendment Foundation in a lawsuit against the stateʼs emergency powers gun ban.

Named in the suit are North Carolina Gov. Beverly Perdue; Reuben Young, secretary of the Department
of Crime Control and Public Safety; Stokes County and the City of King.

Filed in U.S. District Court for the Eastern District of North Carolina, the official title is Bateman et al v.
Perdue et al, Case No. 5:10-cv-265. It contends that state statutes forbidding carrying of firearms and
ammunition during declared states of emergency, as well as laws enabling government officials to
prohibit purchase, sale and possession of firearms and ammunition are unconstitutional because they
forbid the exercise of Second Amendment rights as affirmed by the Supreme Court ruling in McDonald v.
Chicago.

Plaintiffs are represented by attorney Alan Gura, who won the recent McDonald v. Chicago Second
Amendment case and the landmark D.C. v. Heller case preceding it. Local counsel includes Andrew Tripp
and Kearns Davis of Brooks, Pierce, McLendon, Humphrey & Leonard, LLC.
After GRNC issued an alert to its members, word of the implications of Perdue's order spread on the
Internet, including being featured on thetruthaboutguns.com. It is widely anticipated that the order will add
impetus to the Bateman lawsuit.

*Author F. Paul Valone is president and a co-founder of Grass Roots North Carolina.

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