This blog,originally founded by Blogger, who is listed in Marquis Who's Who and is a recipient of the Albert Nelson Marquis Lifetime Achievement Award. He holds a theological degree and a doctorate in Counseling Psychology. Taught Psychology for 32 years and is now Professor Emeritus. Is a board-certified psychologist and was awarded the Lifetime Achievement Award in his profession. Ministered as a chaplain, and pastored Baptist and Episcopal churches. Publications cover the integration of psychology and theology. Served in the Army, the Merchant Marines and the Peace Corps.

Monday, April 2, 2012

Federal Court overturns NC Gun Restriction - Bateman v Perdue

In a lawsuit filed by some North Carolina citizens who were among those denied their 2nd amendment rights
and with the support of the Second Amendment Foundation, (SAF.ORG) the fiasco in King NC where, in
January of 2010, a snowstorm was declared as a "state of emergency" and local officials used this declaration to determine that, in spite of Second Amendment guarantees, no citizen would be allowed to buy, sell carry or possess any firearm or ammunition except within their own homes. Yes,
that's right. You weren't allowed to buy ammo, or even to possess ammo or firearms anywhere but inside your home!


(From the lawsuit):"
North Carolina Gen. Stat. § 14-288.7(a) provides, in pertinent part, “it is unlawful for any person to transport or possess off his own premises any dangerous weapon or substance in any area: (1) In which a declared state of emergency exists; or (2) Within the immediate vicinity of which a riot is occurring.” Violation of this provision is a Class 1 misdemeanor. N.C.Gen. Stat. § 14-288.7(c). The term “[d]angerous weapon or substance” includes “[a]ny deadly weapon, ammunition . . .” N.C. Gen. Stat. § 14-288.1(2)"<.i>


As others have pointed out, restricting possession of your firearms during a declared state of emergency could actually require you to leave your gun collection behind (and available for looters) should you have to evacuate your home during a flood, hurricane or other similar event. Not to mention that, at a time when self defense may be paramount, you would effectively be left defenseless!


Fortunately, Senior US District Court judge Malcom J. Howard, struck down the NC statute and upheld the constitutional rights of NC citizens...at least in this instance!

(See full decision, click here)



17 comments:

NewGuy said...

This decision was rendered last week. I'm surprised we haven't heard more about it. It would seem to be a significant victory for the citizens of NC.

guy faulkes said...

Here's the Court's disposition order should anyone care to read it:

http://ia600501.us.archive.org/7/ite...07258.87.0.pdf

I apologize for not posting anything about this. My friends and I have sent each other so many posts, links, and emails about this, I guess I thought everyone knew of it.

Now maybe your constitution rights will not be violated if the ground is covered by a skiff of snow.

At what other time would it be more likely you would need to be able to protect yourself than during a real emergency in which law enforcement is being overwhelmed?

The attorney that argued Heller won this case as he did with a similar case in Virginia.

Things are looking up.

NewGuy said...

Guy, your link didn't work. If it is the court decision, I posted a link to it in my Original post. If it's something else, maybe you could try again?

You mention law enforcement "being overwhelmed"....I am remembering the New Orleans mess during Katrina when they went door to door confiscating weapons. That was before half the police department abandoned their city and headed for higher ground!

guy faulkes said...

Here is the corrected link to the actual decision, not a press release.

http://ia600501.us.archive.org/7/items/gov.uscourts.nced.107258/gov.uscourts.nced.107258.87.0.pdf

You make excellent points, New guy. The New Orleans law enforcement did confiscate peoples weapons without giving them a receipt, were forced by a court order to return them, required extensive proof that you owned the guns before they would give them to you, and stored the guns so poorly they were severely damaged or destroyed. It is hard to forget the several stalwart public servants that broke the elderly lady's arm when she told them she did not need to evacuate because she had her pistol and showed it to them.

It is also and excellent example of a police department that could not protect the public due to lack of resources and ability and malfeasance.

NewGuy said...

No offense guy...but that looks like the same link I posted...actually, I hot linked to it on page 2 of my OP.

http://ia600501.us.archive.org/7/items/gov.uscourts.nced.107258/gov.uscourts.nced.107258.87.0.pdf

No matter.....as long as the word gets out. But, it made me curious as to whether or not people actually read the second page of some of our lengthier posts?????

Wolf's Head said...

While this is a Good Thing, remember we shouldn't have had this tripe in the first place.

And thanks to the racists in the media and the Black Congressional Caucus we may have to fight off MORE anti-freedom laws because of the hyped up Trayvon Martin shooting.

guy faulkes said...

Sorry New Guy. I missed the link - twice.

Wolf, you are correct. The anti's are attacking stand your ground laws because of the Florida case. The Florida stand your ground law does not even come into play unless the shooting is found to be justified. If it is, then it will protect Zimmerman as it was designed to do. If Zimmerman is found guilty of a crime, the stand your ground law has no effect.

guy faulkes said...

Here are some links about this.


http://m.examiner.com/gun-rights-in-st-louis/latest-gun-rights-victory-has-implications-far-beyond-north-carolina


http://www2.journalnow.com/news/2012/apr/02/wsmain01-federal-judge-says-nc-cant-ban-all-citize-ar-2114705/

Johnny Rico said...

This is fantastic news. The Second Amendment Foundation is a no retreat type organization. Unlike the NRA, which mirrors establishment Republitards, the Second Amendment Foundation is winning lawsuits around the country. Alan Gura is the attorney for SAF, and he is the very same lawyer who won DC vs Heller and McDonald vs Chicago in front of the Supreme Court. Way to go Grass Roots NC and the Second Amendment Foundation.

Although conservatives allowed liberals to beat them down in Blowing Rock a few months back, it looks like there are still a few conservatives around who value freedom. Way to go!!!!

Johnny Rico said...

Good that citizens will now be able to carry guns during state of emergencies. That way, they will always be able to protect themselves against predators such as the Martin monster in Florida. Zimmerman used his 2nd Amendment Rights to protect himself against Martin who was viciously attacking him.

Zimmerman should be given a medal for valor and being a model citizen of his community. Don't you think? He took responsibility to volunteer to "Watch" his community after several break ins had occured. He also tutored black kids because he wanted to help blacks. I like that guy.

Too bad the liberal news media is resorting to outright lies in an attempt to convict Zimmerman in a court of public opinion. Typical liberals I guess. Also, I'm not hearing the term "White Hispanic" much these days. Why is that?

Sarah Ziberlan

Johnny Rico said...

Anyone want to bet blacks will riot if Zimmerman is not charged. Anyone want to bet blacks will riot if Zimmerman is charged and acquitted? Anyone want to bet whites won't riot for any reason?

Something a friend pointed out today is how hard it would be to start a riot in Florida. With tens of thousands of concealed carry holders in that state, don't you think it would be hard for anyone to riot? California is another thing. You will see riots there as people cannot carry loaded guns in any form for any reason except hunting.

Funny how a disarmed public becomes a public of victims. Riot in Florida, please!! LOL!!!

Your ole pal

Johnny Rico

Lennie said...

We'll definitely see blacks in Miami rioting if Zimmerman is (correctly) left alone by the police. Rodney King all over again, just a different coast. It's terrible that the Obamanation is pushing for race wars. Can't wait until November.

Johnny Rico said...

Lenie,

I somehow don't think we will see very many honest to goodness riots in the state of Florida. If they do riot, they will have to burn their own homes and businesses as there are too many armed folks down there with good laws backing them (the Stand your ground law is made to order for riots!). My guess is riots in most places will be extremely short lived.

Let me ask you Lenie - how do you burn down a business when the owner and his family is pointing a gun at you? With no duty to retreat like there is in other places (California, DC, New York, Mass.) it's pretty much fool proof. I don't think we will see any serious rioting in Florida other than idiots burning down their own homes.

Lea Zolden

guy faulkes said...

This was sent to me by a friend today (April 5, 2012).

It was on this day in 1836 that Sam Colt created the first production revolver and put a serious crimp in mob rule. Rejoice!

Lennie said...

Johnny, the LA riots occurred in heavily gang-infested areas....ie: places where nearly everyone is armed anyway. And whether a stand your ground law is there or not is irrelevant, gang bangers don't typically care about laws.

Miami has huge gang areas too. I'm sure we'll see the same behaviors from the upset masses if things don't go the way they want.

guy faulkes said...

I think the media and certain members of the legislature are going to have blood on their hands. Both Linnie and Rico are correct.

Lennie is correct that the people that riot do not care about laws and, in my opinion, do not think they will be faced with armed people defending themselves. Rico is correct in that thousands of Florida citizens and not only willing, but able to defend themselves.

The media and those legislative members that have turned this into a race war have incited the probable riots to come. It is no excuse to riot, no matter the provocation, but those that have made irresponsible statements with no proof are largely to blame for this powder keg.

Johnny Rico said...

Lennie,

You state my case precisely. In LA the gangbangers are indeed armed. Law abiding citizens like you and me are not. Remember the Korean shopkeepers in LA who were disarmed by the police and National Guard. As soon as this occured, the well armed gangbangers, in full view of the police and military, looted and burned the stores.

So, your wrong to say that everyone is armed in victim disarmament zones like CA, NYC, Boston and Chicago. Only the criminals are armed. In Florida, which happens to have an excellant Stand Your Ground Law as well as an Emergency Powers Act (Govt. can't disarm you during an emergency) this won't happen. Gangbangers wishing to riot will be faced with a well armed, well trained citizenry who won't tolerate stupidity. The only rioting that will be done in Florida will take place within the rioters own communities (mostly liberal welfare recievers).

When you allow the govt. to have too much power, the people suffer. Florida won't suffer riots. Califorina, Chicago, New York and Mass will. Simple as that.