It’s OK, the governor says so
In an update to the state of emergency declared in NC and limiting gun rights, the NC Wildlife Resources Commission gives some bad legal advice:
After Gov. Perdue declared a state of emergency on Wednesday due to the impending arrival of Hurricane Earl, the N.C. Wildlife Resources Commission received numerous calls from the public asking if dove hunting will be allowed beginning this weekend. The Governor’s Office has informed the N.C. Wildlife Resources Commission that nothing in the current emergency declaration, Executive Order 62, invokes any provision of law that would prohibit lawful hunting activities, including transporting a firearm to and from a hunting location
Trouble is that is not what the law says.
September 3rd, 2010 at 3:33 pm
You just don’t understand the nuance. See, the law doesn’t really MEAN what it says, cuz this isn’t what the government wants it to mean. Of course, if the government wants it to mean what it says it means, they may not tell you there is an “emergency”. It might be a double secret emergency. Then they just arrest anyone they see with a gun. “On their property” or not. QV, Katrina/New Orleans.
September 3rd, 2010 at 6:16 pm
Ask her if she would write that in an affidavit.
September 3rd, 2010 at 10:19 pm
Is it just me or does NC and the Perdue mob who runs it seem to declare emergencies statewide when one or two counties may be affected? The whole state is NOT affected by the hurricane, and was never projected to be. Last winter, the entire state was again under an emergency for 5 hours of snow that mostly fell in the mountains.
If a lawsuit is going to be filed, how about asking for a bit less power for the Governor to go statewide with these declarations unless the emergency actually covers the entire state.
If a competent Court heard a case such as this, they would likely conclude that the freedoms of the citizens would easily outweigh the only reason these “emergencies” are stretched so badly: it allows state and local governments to suspend their workers’ employment contracts and not pay overtime, give any time off, etc.
In Oregon, we had a terrible blizzard two years ago, one which paralyzed most of my county for a week. Several Mayors asked for a state of emergency, but all the Governor did was activate a company of the National Guard to provide high-mobility vehicles for the service of the county. No emergency was declared, no one lost their civil rights, and THIS IS A LIBERAL STATE!
Things are a little different in the West, I guess.
September 5th, 2010 at 10:10 pm
This criminal tyranny should NEVER happen here in Tennessee IF our Govenor is obedient to his or her Oath of Office:
Here is Article I, Sections 25 and 26 of the Tennessee State Constitution:
Sec. 25. That no citizen of this state, except such as are employed in the army of the United States, or militia in actual services, shall be subjected to punishment under the martial or military law. That martial law, in the sense of the unrestricted power of military officers, or others, to dispose of the person, liberties, or property of the citizen, is inconsistent with the principles of free government, and is not confided to any department of the government of this State.
Sec. 26. That the citizens of this State have a right to keep and to bear arms for the common defense; but the legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.
ALSO, States retain the power re: additional or expansion of rights according to the 9th and 10th Amendments of the U.S. Bill of Rights. Additionally, the Federal Government has NO “delegated powers” to declare martial law in any State unless the Governor or Legislature asks for Federal troops according to Article IV, Section 4, U.S. Constitution.