Seat of power of "Kingdom" of King, NC, which
responded to a snow emergency by banning guns
and ammunition. Photo: Town of King, NC
On Friday, February 5, the city of King, North Carolina responded to heavy snowfall in the area by using a 40-year-old statute to ban the sale and possession, outside the home, of all firearms and ammunition. The proclamation was reportedly made by Mayor Jack Warren and posted in area restaurants and businesses.
Effective through yesterday (Monday, February 8), the state of emergency imposed on residents reportedly contained the following restrictions:
- 12:00am-5:00am curfew
- No sale, consumption, transportation, or possession of alcoholic beverages during the state of emergency in the City of King
- No firearms, ammunition, or explosives to be sold, purchased, or carried.
- Restricted access to areas as deemed appropriate by law enforcement officers and/or city officials
While many are questioning both the reasonableness and constitutionality of the King ordinance, it appears to be fully supported by the North Carolina General Statutes. Passed in 1969 – an era of race riots following the assassination of the Reverend Martin Luther King – Article 36A of Chapter 14 contains provisions for suspending carriage of firearms, ammunition and “dangerous substances” during states of emergency, and allows mayors and other local government officials to impose states of emergency.
Specifically:
§ 14 288.7. Transporting dangerous weapon or substance during emergency; possessing off premises; exceptions.
(a) Except as otherwise provided in this section, 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.
(b) This section does not apply to persons exempted from the provisions of G.S. 14 269 with respect to any activities lawfully engaged in while carrying out their duties.
(c) Any person who violates any provision of this section is guilty of a Class 1 misdemeanor. (1969, c. 869, s. 1; 1993, c. 539, s. 192; 1994, Ex. Sess., c. 24, s. 14(c).)
As to whether a local government can impose the ban:
§ 14 288.12. Powers of municipalities to enact ordinances to deal with states of emergency.
(a) The governing body of any municipality may enact ordinances designed to permit the imposition of prohibitions and restrictions during a state of emergency.
(b) The ordinances authorized by this section may permit prohibitions and restrictions:
(1) Of movements of people in public places;
(2) Of the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate;
(3) Upon the possession, transportation, sale, purchase, and consumption of alcoholic beverages;
(4) Upon the possession, transportation, sale, purchase, storage, and use of dangerous weapons and substances, and gasoline; and
(5) Upon other activities or conditions the control of which may be reasonably necessary to maintain order and protect lives or property during the state of emergency.
The town of King also passed an ordinance for such bans as Sec. 10-31.
INTENT OF THE LAW
What seems equally clear is that Warren and the town of King have misapplied the law; however, broad its language, Article 36A is entitled “Riots and Civil Disorders.” According to a local blogger who personally investigated the incident and described it at saradactyl.com, no such civil disorder existed. The Youtube video she produced on the incident is below.
BILL TO PREVENT ABUSE OF POWER FAILED
Ironically, the state house representative for the district in which King is located, Rep. Bryan Holloway, was a cosponsor of legislation which could have prevented Warren’s abuse of power. Under Section 3 of House Bill 257: “No Seizure of Lawful Firearms in Emergency,” lawfully possessed firearms and ammunition would have been exempted from the riot law.
Despite support from my organization, Grass Roots North Carolina and from the NRA, the bill died when it was denied a committee hearing by Democrat leadership, including Speaker Joe Hackney (D-Chatham, Moore, Orange), Majority Leader Hugh Holliman (D-Davidson) and Judiciary Committee Chairman Rep. Ronnie Sutton (D-Robeson).
One of the primary sponsors of HB 257, Rep. Mark Hilton (R-Catawba) advises that he is looking into revamping the bill slightly to conform to chamber rules under which it could be re-introduced in the second year of the legislature’s two-year session, commonly referred to as the “short session.”
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To see the proclamation, go to: http://carolinaliberty.com/king.pdf |
Copyright © F. Paul Valone All rights reserved
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Comments
Don't think for a minute that other mayors across NC won't use this section of the law to keep CCW permitees from from their lawful right when similar situations occur. I can see Charlotte's new liberal mayor Fox pulling this kind of stunt, especially since he's on board with the Obama crowd and their far left agenda.
This year, Grievances Friday is April 16, with protests to follow during the weekend. Join the rest of the country. Make your list of grievances now, and take them with you to wherever laws are made and/or signed into law. Demand to be heard! (I will be in Raleigh all day. For those of you far from the capitol, activism at the local level is also needed.)
Nobody has ever successfully forced me to obey a damn curfew. And they never will. Obviously there is a shortage of Americans who believe in liberty in King, N.C. Else the powers that be would have been unable to handle the crowds showing who was the boss.
Shortages of that nature are one of the reasons real free men must resort to extreme violence when their liberty is challenged. It is easier to screw a million people one at a time that it is to do the same to a million people at one time.
The citizens of North Carolina and King seem notto have learned that.
Just a little dress rehearsal for the next big "emergency."
Do you STILL want to live on the coast?
This emergency proclamation seems to say that having alcoholic beverages in your home isn't allowed, and that drinking them is also not allowd.
whoops - one of the fine print copies says except in one's own premises
Don't think for a minute that other mayors across NC won't use this section of the law to keep CCW permitees from from their lawful right when similar situations occur. I can see Charlotte's new liberal mayor Fox pulling this kind of stunt, especially since he's on board with the Obama crowd and their far left agenda.
The citizens of King, North Carolina should immediately show Mr. Warren who is really in charge, by excersizing their right to RECALL this hysterical nut-case. Although the Congress is currently immune from the RECALL process, it can be applied to Mayors and all state publicly elected officials. If the citizens opt not to use this tool to rid themselves of these loons, then they deserve to be treated like children.
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