Can't carry a firearm in times of emergency??

B

blackmind

Moderator
The Palm Beach Post carries a story in the Tuesday edition, about a guy who beat up a garbageman whose truck was blocking the street. The aggressor took out a gun, which he dropped while beating the garbageman. His girlfriend retrieved it, and he later got it back from her. (She's charged, by the way, with giving the gun back to the felon and with inaction for not aiding the victim.)

So he is charged with two counts of felon-in-possession (of a firearm) and also during a city-declared state of emergency!

I never heard of that latter part. As you may know, West Palm Beach is just pulling its ass out of a hurricane (slowwwwly, as the inept municipalities around here tend to do it). We were under nightly curfews until recently, and, I guess, a "city-declared state of emergency."

Does anyone know if -- specifically in Palm Beach County, or the city of West Palm Beach, but also in other places -- if a declared state of emergency makes ANY carrying of a firearm a crime? I have to wonder if this applies also to those licensed to carry concealed firearms... :eek:


-blackmind
 
If you read your state's laws and Government Code, you'll likely find that most government entities can declare some form of "emergency" action for a short duration. It'll likely be shocking to those of us grounded in Constitutional philosophies that some local political hack may deprive you of your rights during an "emergency".

Be sure to bone up on what's required of the gov't when they start limiting liberty with curfews, proclaimations against guns, hoarding, price gouging and such. In a town devoid of power, communications and transportation, it may be difficult to know when or what has been proscribed by authorities until you're the enforcee.

In regards to the story, the assailant was already a convicted felon? If the girlfriend knew that she might be in trouble. Then again, she just watched him beat the holy tar out of a garbageman and now he's coming towards her saying "Gimme the gun back." Size disparity and his obvious intent to use force against a smaller opponent would be sufficient to lay groundwork for her defense.
 
Or complicity in the garbageman's murder; how does she know he doesn't want the gun to shoot the garbageman?

And disparity of force? At the time when he comes to demand the gun back, SHE has the gun, and therefore the preponderance of the force...


-blackmind
 
All gun laws

Are based on the governments fear of the people in general. Since the right of protection is both for individual freedom that then allows for freedom of all the people, all of these laws, even the queston on the form about not being a member of a group planning to overthrow the government go against the original purpose of the 2nd.
Emergency banning of guns is just another part of it. I voted late yesterday and there was the sign on the polling place, no guns allowed. Why? Who's afraid of what?
 
So he is charged with two counts of felon-in-possession (of a firearm) and also during a city-declared state of emergency!
Click to expand...
To the original question, After NOLA, the NRA/ILA is addressing this issue at this time through out the country. This would make an interesting case for them since a specific charge of this type was filed.

Do you have a hard source?
 
In NC, this is the general statute pertaining to possession during a state of emergency or area of a riot:

§ 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.

In NC, I guess we need to "hole-up", or evacuate before the gov't declares an emergency. If we stay (during a hurricane, for instance), we better have what we need before TSHTF since once we leave our premises, we are criminals if armed. however, if it comes down to it, and I really need to go out, I'll carry concealed and risk the misdemeanor.
 
if theres ever an emergency ill carry regardless. If it puts me in jail or not. Better riskign going to jail then risking getting robbed and shot up by looters.
 
So he is charged with two counts of felon-in-possession (of a firearm) and also during a city-declared state of emergency!
To the original question, After NOLA, the NRA/ILA is addressing this issue at this time through out the country. This would make an interesting case for them since a specific charge of this type was filed.

Do you have a hard source?
Click to expand...


I don't have any harder of a source than the newspaper story (a short one) about the arrest of this guy. This story followed the initial story I saw days before about the actual beating of the garbage man. This one had the details (sketchy though they are) of the guy's arrest and what it was for.

If the reporter got it wrong about just what he was charged with and why, it would certainly not be the first time. :rolleyes:

But no, I don't have any glimpse of the actual police report, or a claim of the statute number under which he was charged.

I just read a reporter's account that the guy was charged with having a gun during a time of city emergency.

Of course, it's possible that the cops only bother to trot that one out when someone is causing mayhem, not just carrying for his own defense, during an emergency. (Although it bothers me that they would have the discretion to use that kind of restriction against people who were not causing a problem.)

-blackmind
 
tell you what...you have an emergency and some politician steals your guns...Ill send you one of mine..

how bout a 14inch 12 guage with a case of slugs...

that outta see you through any disaster. Yesterday we had a mini tornado go through the area..some damage..but nothing heavy.
 
I thought that a shotgun hadda be 18 inches to not be NFA... But what the hell, if I'm already breaking the law... ;)


-blackmind
 
Up in my area...its 100% legal...same category as basic rifle and or any other standard shotgun. Yeah a 14 incher with the red dot is a very nice pointer... I was sitting on the fence for ages bout buying it..after the Katrina stuff I figured bout time to get one.

Ive put maybe 1000 slugs through it and am liking the reliability.
 
...HAHAHAHAHAHA!!!! I love the wording of that law...unlawful to posess a weapon in the vicinity of a RIOT??!!....please MR. RIOTEER..dont hurt me..I'm unarmed..!
 
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