Update On Leland, North Carolina, Prohibition Of Weapons During Hurricane Florence

BY Herschel Smith
2 months ago

On September 10th I brought up the Leland, North Carolina, prohibition of weapon transport or carry during hurricane Florence.  On September 11th, the Firearms Policy Coalition and Firearms Policy Foundation sent a demand letter that ended with the following statement.

Leland’s State of Emergency Notice should immediately be amended to strike the offending language creating this unlawful and unconstitutional weapons prohibition. Should the Town fail to do so, and/or attempt to enforce the same against any resident, it stands exposed to civil actions for declaratory and injunctive relief as well as monetary damages.

But while Leland issued a modified edict via Facebook (how laughable is that?), the damage had been done.  It essentially said that the prohibition applied only to those who were already prohibited.  In other words, that which was already illegal was “more illegaler and bader.”

Nothing explains the initial choice to violate state code by the initial edict, and nothing can undo the fact that the edict was criminal on its face.

I will continue to follow this.  This isn’t a resolution.

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Comments

  1. On September 14, 2018 at 8:30 am, jack said:

    Update from Grass Roots North Carolina (GRNC) via email and http://social.bluehornet.com/hostedemail/email.htm?CID=53286850794&ch=323E3BA0C39D88D860F1FC9FC0F5BE1D&h=7ab5ab90b7cb79d681e833966f6a6e1e&ei=sFD3TxGXN&schema=echo3

    ——

    Illegal SOE Gun Bans
    Although our lawsuit in 2012 forced elected officials to recognize and respect the Second Amendment under all conditions, it came to the attention of GRNC volunteers that several towns were once again attempting a “state of emergency” gun ban due to hurricane Florence. This is unlawful and needed to be corrected.

    GRNC’s Direct Action
    GRNC would like its supporters to be aware that once these offenses were identified, GRNC’s legal counsel, its director of local affairs and other volunteers took immediate and direct action. Municipal leaders were contacted by phone and email, the law was cited, and it appears that these towns have updated their posts to remove the call for a gun ban. Indeed, it appears that GRNC communications have moved the needle and caused the municipalities of Leland, Carolina Beach and Roanoke Rapids to correct, appropriately modify, or remove their illegal SOE gun ban notices.

    Please know that it is because GRNC volunteers have been rapidly responding to the illegal and offensive restrictions that we haven’t had a chance to publish an update until now — we’ve been acting, not tooting our horn. Unfortunately, our efforts have been hampered by the fact that the communities in question, and several of our volunteers for that matter, are in the path of the storm and therefore are likely preparing themselves. Therefore, we recognize that updates to the outdated SOE notices may not be priority #1 for municipal employees. That said, GRNC volunteers are pulling out the stops to correct the misinformed civil servants.

  2. On September 14, 2018 at 5:20 pm, Pat Hines said:

    At least the whip was cracked, but those yellow dogs need to be broken of sucking eggs.

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This article is filed under the category(s) Gun Control and was published September 13th, 2018 by Herschel Smith.

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