NC State of Emergency (Gun & Ammo Ban?)

[West Chester]

Is this something specific to NC law and/or does PA have this? Kind of scary that they can just declare a state of emergency and stop alcohol and gun sales.

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.

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

[Kaos]

Don't quote me on this, but I remember reading somewhere that a LTCF was required to carry during a SoE in PA?

Can someone clarify this that knows? I did some research before posting but wasn't able to find what I was looking for.

[anonymouse]

It's §6107 - Prohibited conduct during emergency

Section§ 6107. Prohibited conduct during emergency


(a) General rule.--No person shall carry a firearm upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:

(1) Actively engaged in a defense of that person's life or property from peril or threat.
(2) Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).

(b) Seizure, taking and confiscation.--Except as otherwise provided under subsection (a) and notwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any other provision of law to the contrary, no firearm, accessory or ammunition may be seized, taken or confiscated during an emergency unless the seizure, taking or confiscation would be authorized absent the emergency.


(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:


"Accessory." Any scope, sight, bipod, sling, light, magazine, clip or other related item that is attached to or necessary for the operation of a firearm.


"Firearm." The term includes any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any weapon.

There was some discussion before about whether or not both (a)(1) AND (a)(2) are required in order to abide by the law. Searching for "6107" should turn up some of those threads.

[granuale]

What is that quote about the tree of liberty?

WXII12.com

Alcohol Restrictions, Curfew Lifted In King

Police Chief: King Remains Under State Of Emergency Until Monday

POSTED: 5:18 pm EST February 6, 2010
UPDATED: 4:07 pm EST February 7, 2010
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.
Copyright 2010 by WXII12.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

[Curmudgeon]

It's §6107 - Prohibited conduct during emergency



There was some discussion before about whether or not both (a)(1) AND (a)(2) are required in order to abide by the law. Searching for "6107" should turn up some of those threads.

I vaguely remember those discussions. Here are my thoughts, for what they're worth.

(a)(1) and (a)(2) are separated by a period (.), not a comma (,). A comma would indicate to me that 1 and 2 are a list and must be taken together. The period suggests to me that the two are separate and either will permit one to carry during a SOE.

It would sure be nice if the folks writing these laws had thought to place clearer language, since they're supposed to know what the f*ck they're doing.

[God's Country]

WTF?

Apparently in NC a state of emergency means the tyrannical gov will rear its head and protect you by barring its citizens from protecting themselves…..while being sober to boot..

No better reason to stockpile anything and everything.

[West Chester]

Repost.... http://forum.pafoa.org/news-123/8927...emergency.html

[MDJschool]

It would sure be nice if the folks writing these laws had thought to place clearer language, since they're supposed to know what the f*ck they're doing.

Funny you say that; didn't PA-FOAC draft the bill that contained this section?

In any case, I can't ever figure out how things like this are valid law.

If the following are to be true:

“The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it, which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its just authority.” Ex parte Milligan, 4 Wall. (71 U.S.) 2, 120–121 (1866)

The provisions of the Constitution are applicable equally in war and in peace. Kurtz v. City of Pittsburgh, 346 Pa. 362, 31 A.2d 257 (1943)

How can an emergency allow the government to usurp the right to bear arms?

[pa350z]

This is why you are PREPARED before the Emergency. They can declare all the states of emergency they want where I am located. I am already prepared.

[Curmudgeon]

Funny you say that; didn't PA-FOAC draft the bill that contained this section?

I have no idea as to it's origins, neither do I know whether the law is currently worded as it was originally drafted. Whatever the case, I still can't make any sense of item (a)(1), at least not in any practical sense. If you are not allowed to have a firearm on the streets, how did you manage to legally get it there in order to have it for a self-defense situation? One cannot chase someone down.

In any case, I can't ever figure out how things like this are valid law.

If the following are to be true:

“The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it, which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its just authority.” Ex parte Milligan, 4 Wall. (71 U.S.) 2, 120–121 (1866)

The provisions of the Constitution are applicable equally in war and in peace. Kurtz v. City of Pittsburgh, 346 Pa. 362, 31 A.2d 257 (1943)

How can an emergency allow the government to usurp the right to bear arms?

*shrugs* Collectively, we have allowed it. It is what our .gov is capable of, while we are busy leading our lives and our backs are turned.