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 Post subject: State of Emergency - Ban Guns!
PostPosted: Mon Feb 08, 2010 11:06 am 
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Location: Hedgesville, WV
AKA: WVCDL #42
What's up with North Carolina?

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

KING, N.C. -- Authorities lifted a curfew and alcohol restrictions in King on Sunday, but said a state of emergency declaration remained in effect until Monday.

Authorities said the state of emergency declaration would continue until Monday 9 a.m., barring any unforeseen circumstances or severe changes.

Effective Sunday afternoon, alcohol restrictions and a curfew were lifted. All other remaining restrictions would continue until Monday, said Paula May, King police chief.

Other restrictions include a ban on the sale or purchase of any type of firearm, ammunition, explosive or any possession of such items off a person's own premises.

Also on Sunday, the emergency shelter established by the American red Cross at West Stokes High School was closed.

"We appreciate the support and cooperation of everyone with our efforts to keep the citizens of King safe," May said.

The state of emergency was declared Friday due to severe weather.

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 Post subject: Re: State of Emergency - Ban Guns!
PostPosted: Mon Feb 08, 2010 12:14 pm 
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pdfromwv wrote:
What's up with North Carolina?

Don't let the fact the Tar Heel State is a southern state with a shall-issue concealed carry law and a good reciprocity law fool you. Aside from that, North Carolina has some of the most oppressive gun laws in the country. For example:


Most of North Carolina's gun laws can be found in Articles 35, 52A, 53A, 53B, 53C, 54A, and 54B, Chapter 14 of the North Carolina General statutes.

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James M. "Jim" Mullins, Jr., Esq.
Attorney, The Law Offices of James M. Mullins, Jr., PLLC

Treasurer, Founder, Past President, Legislative Director, and General Counsel, West Virginia Citizens Defense League, Inc.
Life Member, NRA


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 Post subject: Re: State of Emergency - Ban Guns!
PostPosted: Mon Feb 08, 2010 2:16 pm 
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Seattle Gun Rights Examiner Dave Workman has a piece on this, echoing what I said above.

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James M. "Jim" Mullins, Jr., Esq.
Attorney, The Law Offices of James M. Mullins, Jr., PLLC

Treasurer, Founder, Past President, Legislative Director, and General Counsel, West Virginia Citizens Defense League, Inc.
Life Member, NRA


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 Post subject: Re: State of Emergency - Ban Guns!
PostPosted: Mon Feb 08, 2010 7:14 pm 
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jimmullins wrote:
[*]N.C. Gen. Stat. § 14-288.7 prohibits the possession or carrying of any weapon, other than on a person's own property, in any area in which a declared state of emergency exists or within the immediate vicinity of any riot.


So, I guess they publish the locations of riots in advance in the newspaper, so law abiding citizens can steer clear? :x

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 Post subject: Re: State of Emergency - Ban Guns!
PostPosted: Mon Feb 08, 2010 8:49 pm 
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Was catching up on all of this today. I would hope that some changes in N.C. state law come into being real soon.

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 Post subject: Re: State of Emergency - Ban Guns!
PostPosted: Mon Feb 08, 2010 11:45 pm 
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Night wrote:
Was catching up on all of this today. I would hope that some changes in N.C. state law come into being real soon.


W.V. law also.

Dave.

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 Post subject: Re: State of Emergency - Ban Guns!
PostPosted: Tue Feb 09, 2010 12:22 pm 
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So if you are a terroist from another country, you must be givn our rights.

But if it snows really hard, the govenment can suspend your rights.

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 Post subject: Re: State of Emergency - Ban Guns!
PostPosted: Tue Feb 09, 2010 12:23 pm 
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Is this the same here in WV?

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 Post subject: Re: State of Emergency - Ban Guns!
PostPosted: Tue Feb 09, 2010 1:21 pm 
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Lar1911 wrote:
Is this the same here in WV?

Somewhat. In 2007, the Legislature passed HB 2348, which was supposed to prevent Katrina-style firearm seizures in West Virginia. However, as is often the case on gun bills, I do not think the bill hit its mark.

W.Va. Code § 15-5-6(i) still authorizes the Governor "[t]o suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and combustibles." (emphasis added).

In addition, W.Va. Code § 61-6-1a authorizes all law-enforcement agencies, in the course of suppressing suppressing a riot, rout or unlawful assemblage, to "[p]rohibit the sale, offering for sale, dispensing, furnishing or transportation of firearms or other dangerous weapons . . . ." (emphasis added).

Unlike the N.C. Gen. Stat. § 14-288.7, the above laws are discretionary and not mandatory. However, they are still there. The government can stop us from carrying our guns in a state of emergency.

The good news is there is a bill to fully protect our gun rights during emergencies. At WVCDL's request, Delegate Doug Reynolds, D-Wayne, has introduced HB 4265, which finishes the job left undone in 2007. HB 4265 is pending in the House Judiciary Committee.

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James M. "Jim" Mullins, Jr., Esq.
Attorney, The Law Offices of James M. Mullins, Jr., PLLC

Treasurer, Founder, Past President, Legislative Director, and General Counsel, West Virginia Citizens Defense League, Inc.
Life Member, NRA


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