Saf sues to overturn north carolina’s 'emergency powers' gun bans...
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Thread: Saf sues to overturn north carolina’s 'emergency powers' gun bans...

  1. #1

    Saf sues to overturn north carolina’s 'emergency powers' gun bans...

    Second Amendment Foundation
    12500 NE Tenth Place • Bellevue, WA 98005
    (425) 454-7012 • FAX (425) 451-3959 • www.saf.org

    SAF SUES TO OVERTURN NORTH CAROLINA’S 'EMERGENCY POWERS' GUN BANS

    For Immediate Release: 6/29/2010

    BELLEVUE, WA – The Second Amendment Foundation on Monday filed a federal lawsuit in North Carolina, seeking a permanent injunction against the governor, local officials and local governments from declaring states of emergency under which private citizens are prohibited from exercising their right to bear arms.

    Joining SAF in this lawsuit are Grass Roots North Carolina – the state’s leading gun rights organization, and three private citizens, Michael Bateman, Virgil Green and Forrest Minges, Jr. Named as defendants in the federal lawsuit are North Carolina Gov. Beverly Perdue; Reuben Young, secretary of the Department of Crime Control and Public Safety; Stokes County and the City of King. The lawsuit was filed in U.S. District Court for the Eastern District of North Carolina.

    The lawsuit contends that state statutes that forbid the carrying of firearms and ammunition during declared states of emergency are unconstitutional. Plaintiffs also contend that a North Carolina law that allows government officials to prohibit the purchase, sale and possession of firearms and ammunition are also unconstitutional because they forbid the exercise of Second Amendment rights as affirmed by Monday’s Supreme Court ruling in McDonald v. City of Chicago, the landmark Second Amendment ruling that incorporated the Second Amendment to the states.

    SAF and the Illinois State Rifle Association took the McDonald Case to the Supreme Court.

    “Through this lawsuit in North Carolina,” said SAF founder and Executive Vice President Alan Gottlieb,” we intend to show that state emergency powers statutes that allow government officials to suspend fundamental civil rights, including the right to bear arms, are unconstitutional and therefore should be nullified. Citizens do not surrender their civil rights just because of a natural or man-made disaster.”

    SAF is once again being represented by attorney Alan Gura, who led the legal effort in the McDonald case and also won the historic Heller ruling that overturned the District of Columbia handgun ban in 2008. Local counsel are Andrew Tripp and Kearns Davis with the firm of Brooks, Pierce, McLendon, Humphrey & Leonard, LLC in Raleigh.

    The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.

    -END-

    SAF Press Release :: SAF SUES TO OVERTURN NORTH CAROLINA’S 'EMERGENCY POWERS' GUN BANS

    To bad Alan Gura is the one on this... we need somebody that actually believes in & supports the Unabridged Second Amendment...

    E.G.:
    Stewart Rhodes - U.S. Army Ranger, Yale Educated Attorney, Noted Constitutional Authority, And Founder of OathKeepers...

    The First Fundamental Principle of Constitutional Interpretation: Your Rights Don't Come From Government
    Oath Keepers: CONSTITUTIONAL REPUBLIC 101: YOUR RIGHTS DON’T COME FROM GOVERNMENT

    “Important principles may and must be inflexible.” Abraham Lincoln

    Needless to say if you live in North Carolina...
    Get on it...

    North Carolina

    Federal Level:


    Burr, Richard - (R - NC) Class III 217 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510 (202) 224-3154 Web Form: burr.senate.gov/public/index.cfm?FuseAction=Contact.Conta...
    Hagan, Kay R. - (D - NC) Class II 521 DIRKSEN SENATE OFFICE BUILDING WASHINGTON DC 20510 (202) 224-6342 Web Form: hagan.senate.gov/?p=contact

    State Level:
    http://www.ncga.state.nc.us/GIS/Rand...sentation.html

    "The people never give up their liberties, but under some delusion." - Edmund Burke

  2.   
  3. #2
    Join Date
    Jan 2010
    Location
    Butner, North Carolina, United States
    Posts
    362
    Quote Originally Posted by Bohemian View Post
    Second Amendment Foundation
    12500 NE Tenth Place • Bellevue, WA 98005
    (425) 454-7012 • FAX (425) 451-3959 • www.saf.org

    SAF SUES TO OVERTURN NORTH CAROLINA’S 'EMERGENCY POWERS' GUN BANS

    For Immediate Release: 6/29/2010

    BELLEVUE, WA – The Second Amendment Foundation on Monday filed a federal lawsuit in North Carolina, seeking a permanent injunction against the governor, local officials and local governments from declaring states of emergency under which private citizens are prohibited from exercising their right to bear arms.

    Joining SAF in this lawsuit are Grass Roots North Carolina – the state’s leading gun rights organization, and three private citizens, Michael Bateman, Virgil Green and Forrest Minges, Jr. Named as defendants in the federal lawsuit are North Carolina Gov. Beverly Perdue; Reuben Young, secretary of the Department of Crime Control and Public Safety; Stokes County and the City of King. The lawsuit was filed in U.S. District Court for the Eastern District of North Carolina.

    The lawsuit contends that state statutes that forbid the carrying of firearms and ammunition during declared states of emergency are unconstitutional. Plaintiffs also contend that a North Carolina law that allows government officials to prohibit the purchase, sale and possession of firearms and ammunition are also unconstitutional because they forbid the exercise of Second Amendment rights as affirmed by Monday’s Supreme Court ruling in McDonald v. City of Chicago, the landmark Second Amendment ruling that incorporated the Second Amendment to the states.

    SAF and the Illinois State Rifle Association took the McDonald Case to the Supreme Court.

    “Through this lawsuit in North Carolina,” said SAF founder and Executive Vice President Alan Gottlieb,” we intend to show that state emergency powers statutes that allow government officials to suspend fundamental civil rights, including the right to bear arms, are unconstitutional and therefore should be nullified. Citizens do not surrender their civil rights just because of a natural or man-made disaster.”

    SAF is once again being represented by attorney Alan Gura, who led the legal effort in the McDonald case and also won the historic Heller ruling that overturned the District of Columbia handgun ban in 2008. Local counsel are Andrew Tripp and Kearns Davis with the firm of Brooks, Pierce, McLendon, Humphrey & Leonard, LLC in Raleigh.

    The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.

    -END-

    SAF Press Release :: SAF SUES TO OVERTURN NORTH CAROLINA’S 'EMERGENCY POWERS' GUN BANS

    To bad Alan Gura is the one on this... we need somebody that actually believes in & supports the Unabridged Second Amendment...

    E.G.:
    Stewart Rhodes - U.S. Army Ranger, Yale Educated Attorney, Noted Constitutional Authority, And Founder of OathKeepers...

    The First Fundamental Principle of Constitutional Interpretation: Your Rights Don't Come From Government
    Oath Keepers: CONSTITUTIONAL REPUBLIC 101: YOUR RIGHTS DON’T COME FROM GOVERNMENT

    “Important principles may and must be inflexible.” Abraham Lincoln

    Needless to say if you live in North Carolina...
    Get on it...

    North Carolina

    Federal Level:


    Burr, Richard - (R - NC) Class III 217 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510 (202) 224-3154 Web Form: burr.senate.gov/public/index.cfm?FuseAction=Contact.Conta...
    Hagan, Kay R. - (D - NC) Class II 521 DIRKSEN SENATE OFFICE BUILDING WASHINGTON DC 20510 (202) 224-6342 Web Form: hagan.senate.gov/?p=contact

    State Level:
    North Carolina General Assembly - NCGA - Representation
    Here you go again Bohemian;

    You didn't read the entire story. This isn't a Law Suit against the State of North Carolina, it is a Law Suit against Stokes County and the Township of King. I live in NC, and I am a paid member of the OathKeepers and the Grass Roots of NC Organization. The State has not implimented any Emergency Powers Act,
    That would be the Township of King in Stokes County. Their local elected officials refuse to rescind the ruling, and the state hasn't taken action to override them and rescind the ruling...
    MSgt, USAF (ret), Life Member - NRA, Life Member - NAHC,
    Life Member - NCOA, Member - USCCA, Member - NCGR,
    Member - Oathkeepers

  4. #3
    Quote Originally Posted by Ed Hamberger View Post
    Here you go again Bohemian;

    You didn't read the entire story. This isn't a Law Suit against the State of North Carolina, it is a Law Suit against Stokes County and the Township of King. I live in NC, and I am a paid member of the OathKeepers and the Grass Roots of NC Organization. The State has not implimented any Emergency Powers Act,
    That would be the Township of King in Stokes County. Their local elected officials refuse to rescind the ruling, and the state hasn't taken action to override them and rescind the ruling...
    I don't know what you mean by here I go again, but I posted the entire press-release in context from the SAF whom filed the suit less then two weeks ago... and I provided a link to their press release...

    Don't shoot the messenger, whom provides you with primary source citations of fact...

    "The people never give up their liberties, but under some delusion." - Edmund Burke

  5. #4
    Most likely this is a smart move. A positive rulling in the 4th circuit would force a bad decision in another circuit to be resolved by SCOTUS.

    Unfortunately, another tiny incremental step toward restoration of the 2nd Amendment is the most we can hope for.
    People don't like to be meddled with. We tell them what to do, what to think, don't run, don't walk. We're in their homes and in their heads and we haven't the right. We're meddlesome.--River Tam

  6. #5
    The district court ruled: 1. The 2a applies to possession of weapons outside the home; 3. The strict scrutiny standard applies to a total ban on weapons outside the home even when the ban is just during a short period like a declared emergency; and 3. the ban on weapons an ammunition outside the home as applied to the plaintiffs was an invalid violation of their 2A rights.

    The court stopped short of declaring the law unconstitutional on its face. The only factor that might distinguish the plaintiffs from someone else is the plaintiffs alleged that they ban kept them from hunting, a factor the court acknowledged required that the 2A applied outside the home.

    Bateman v. Perdue

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