Alan Gura and SAF File Suit in NC

[Minuteman]

 

[ozwyn]

Awesome video there Minuteman. It provides a LOT of insight, both on what he does and how different gun rights groups have different important roles in the big picture.

He really does a good job of putting the whole issue into its perspective.

 

[krucam]

NC State Senate bill to prohibit banning of firearms during states of emergency

Great bill, but hope this doesn't torpedo Bateman v. Perdue:
http://onlygunsandmoney.blogspot.com/2011/04/bill-introduced-in-nc-senate-to-protect.html#comments

 

[press1280]

Great bill, but hope this doesn't torpedo Bateman v. Perdue:
http://onlygunsandmoney.blogspot.com/2011/04/bill-introduced-in-nc-senate-to-protect.html#comments

It looks like it would torpedo that case. Don't want that yet, at least until one of the carry cases gets to SCOTUS.

 

[Patrick]

If a case gets into the appeals court before the bill passes, the suit can carry on.

For example: Gray's case could be upset by National Reciprocity, except it is now heading into the circuit. As a result, the "damage" has already occurred to him (as loser in the district case, he is responsible for court costs) and he has a right to redress that wrong. Which means the arguments live beyond the law.

I learn new stuff every week.

 

[Oreo]

SAF is very concerned about a bill that could derail this case in the next few days and is asking for our immediate action. Please see their press release here: http://www.mdshooters.com/showthread.php?t=59928

 

[Patrick]

The SAF and Grassroots North Carolina publicly call out the NRA for being idiots and glory hounds. In this case, I agree with them.

WTF, NRA?

 

[krucam]

Notice of Supplemental Authority filed in Bateman by SAF last week...you'll never guess...














OK, yeah it's Ezell. The case that gave us "Outside the Home" (Gura's words, not mine) because you have to use a gun range to qualify to possess a gun, which brings up the problem of how do you get your gun to the range to qualify to have a gun. Serious Chicken/Egg question...

 

[Inigoes]

A win in this suit, would make Maryland recipient of another lawsuit because of similar laws.

§ 14-303. Governor's proclamation of state of emergency.

 

[Braxtonian]

Status and explanation request

I hate to be that guy, but could I get a quick rundown of what this thread is all about with relation to when right to carry/bear is suspended in NC and what the status of this case is?

I'm getting ready to drive down to NC from PA to help my Parents and Siblings with the hurricane rolling in. I have a LTCF in PA, honored by NC. Once the governor declares state of emergency (I lived there for 23 years, this is going to happen), is it then illegal for me to carry both open and concealed?

Thanks ahead of time from the guy who didn't have time to RTFA.

 

[Braxtonian]

Furthermore, I am assuming that if I am transporting a firearm when the state of emergency is declared, I must immediately kill myself in order to avoid breaking the law....???

 

[krucam]

I hate to be that guy, but could I get a quick rundown of what this thread is all about with relation to when right to carry/bear is suspended in NC and what the status of this case is?

I'm getting ready to drive down to NC from PA to help my Parents and Siblings with the hurricane rolling in. I have a LTCF in PA, honored by NC. Once the governor declares state of emergency (I lived there for 23 years, this is going to happen), is it then illegal for me to carry both open and concealed?

Thanks ahead of time from the guy who didn't have time to RTFA.

IANAL....

Gov Perdue has declared an emergency, but she hasn't included firearms in that declaration I believe. So...you should be ok.

Then there's the pesky issue of whether she can exclude the firearm issue.

Claire?

Some more discussion from some locals might shed mo better light on the subject:

http://carolinashootersforum.com/showthread.php?p=690706

 

[Braxtonian]

IANAL....

Then there's the pesky issue of whether she can exclude the firearm issue.


http://carolinashootersforum.com/showthread.php?p=690706

Thanks for the link, very helpful info. On that board, one if the links went to her actual declaration, where she cited statutes giving her authority to declare the emergency. Among the text of the statutes was a line saying she had the power:

" To take such action and give such directions to State and local law‑enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with the provisions of this Article and with the orders, rules and regulations made pursuant thereto;"

with that in mind, arguably, if she is saying it doesn't trigger the weapons ban, then one could say she is giving directions to law enforcement not to enforce that law, or that that law doesn't pertain to this instance.

All in all very helpful info, thanks for that, and I will be carrying.

 

[press1280]

This case has really dragged on-1 year from filing and we're still in District Court? Let's hope this judge isn't on a Judge Kennedy timetable.

 

[yellowfin]

I suppose the current situation will highlight the case a little more, perhaps?

 

[press1280]

I suppose the current situation will highlight the case a little more, perhaps?

Perhaps, if someone is actually arrested and prosecuted for carrying/possessing. Otherwise, it'll just be a footnote along with all the other hurricanes/snowstorms used as an excuse to suspend the right.

One thing I've wondered, and maybe was addressed in the case, is when they call for madatory evacuations. You're supposed to leave a gun at a house that could be underwater when you return????

 

[krucam]

This case has really dragged on-1 year from filing and we're still in District Court? Let's hope this judge isn't on a Judge Kennedy timetable.

The Judge has FINALLY put something out, first thing since March....

DISCOVERY meeting is scheduled for 11/20. The DISCOVERY plan will be due 14 days later or on 12/4/2011.

We can then look forward to many more joyous months of back and forth like we've seen in Chicago. Grand....

Oh...the PDF in the above has interactive fields. Have fun with it...the maroons forgot to save it as a native pdf.

Jerks...oh and no, I'm not happy with this.

 

[krucam]

Doing my best Emily Litella....Never Mind...

11/09/2011 NOTICE TO COUNSEL - Counsel please disregard the Order for Discovery Plan sent to counsel 10/21/2011 at DE#86, requesting the parties to file a discovery plan by 12/4/2011. The Order was sent in error. Thank You. (Heath, D.) (Entered: 11/09/2011)

Very strange.

 

[press1280]

Doing my best Emily Litella....Never Mind...


Very strange.

Guess the judge is more than willing to let this case just hang around in the district court.....forever............

 

[MDFF2008]

Plantiff wins.

NC Statue declared unconstitutional. Strict scrutiny applied.