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In reference to:
viewtopic.php?f=9&t=37598&p=446689&hili ... ds#p446689" onclick="window.open(this.href);return false;

Reading the news that North C. gov suspend 2A rights as part of the state of emergency declaration for Earl got me wondering. I know Texas has attempted to preclude this sort of actions, but laws can be changed on a whim. So I am wondering - if you are willing to share, what would you do?

If the sate you were currently living in temporarily suspend your right to carry as part of a state of emergency, would you ignore it? I'm not talking about rounding up weapons from homes like in Katrina. But exactly like NC has done - what would you do?

I would argue that a right is inalienable and can't be suspended. But we all know how that argument would go.

IMO, in a SOE there is an even greater need to protect yourselves & loved ones because of all the lowlifes that come out of the woodwork and try to take advantage of the situation.

I will be even more heavily armed that usual and, if necessary, I'll defend my position in court. Better that than to be a casualty.

I would carry.

I'm not an expert in the law but wouldn't the supremacy clause be used to nullify this suspension? The 2A applies all the time and can't be "taken away" temporarily. Could this be done with other rights?

karl wrote:I would carry.

I'm not an expert in the law but wouldn't the supremacy clause be used to nullify this suspension? The 2A applies all the time and can't be "taken away" temporarily. Could this be done with other rights?

How well do you think it would go over if it were said that, during a declared emergency, It was declared that Freedom of Speech and Religon were no longer allowed, you can now be unreasonably searched and siezed, and you can't vote in any election.

I think it would not go over well at all....

dicion wrote:

karl wrote:I would carry.

I'm not an expert in the law but wouldn't the supremacy clause be used to nullify this suspension? The 2A applies all the time and can't be "taken away" temporarily. Could this be done with other rights?

How well do you think it would go over if it were said that, during a declared emergency, It was declared that Freedom of Speech and Religon were no longer allowed, you can now be unreasonably searched and siezed, and you can't vote in any election.

I think it would not go over well at all....

Sorry for the lack of clarity, I meant this to make the point you made: it wouldn't happen with other "more popular" amendments.

I wouldn't open carry off my property in that situation but concealed is concealed.

Just to make it clear to folks who might be just stopping buy. The North Carolina thing could not happen in Texas, Any such pronouncement by a Governor would be clearly illegal.
I dare say I believe that in times of wholesale disaster and confusion, it is irresponsible for any citizen to be caught unarmed. Particularly if one is responsible for others that may not be able to defend themselves. During these time the bad guys are stil out there, but there might not be any LEO to come to your aide.

What is the Texas law that forbids this?

Liberty wrote:Just to make it clear to folks who might be just stopping buy. The North Carolina thing could not happen in Texas, Any such pronouncement by a Governor would be clearly illegal.
I dare say I believe that in times of wholesale disaster and confusion, it is irresponsible for any citizen to be caught unarmed. Particularly if one is responsible for others that may not be able to defend themselves. During these time the bad guys are stil out there, but there might not be any LEO to come to your aide.

Just to clarify, the NC Governor has nothing to do with the restricting of firearms possession.

The NC legislature, in years past, created the statute that is automatically triggered in the event of a state of emergency being declared.

All the Governor did was to make the SOE declaration in anticipation of hurricane Earl.

Maybe their CHL or the concealed carry permit would be suspended. However, no one is taking the guns from home/cars. Questionable. In Katrina like environment, one has to be armed all the time. Most likely laws enforcement are nill till Millitary is on the scene.

Hoi Polloi wrote:What is the Texas law that forbids this?

The law went into effect September 1, 2007.

SB-112: Emergency Powers Act Amendments

This law limits the powers of municipalities to seize or confiscate firearms in times of emergency. Its intent is to prevent Katrina-style civilian disarmament in Texas. It went into immediate effect.

http://www.gunlaws.com/TXBills2007/SB00112F.doc" onclick="window.open(this.href);return false;

I will not answer the poll question, but I will say that the Second Amendment is for emercencies.

I equate my "right to carry" with my right to defend myself against deadly threat. How could my right to defend myself be temporarily removed?

hangfour wrote:I equate my "right to carry" with my right to defend myself against deadly threat. How could my right to defend myself be temporarily removed?

By armed and overzealous LEOs.