Leland, North Carolina, Prohibits Transport Or Possession Of Weapons Outside Of Private Premises Ahead Of Hurricane Florence
BY Herschel Smith
6 years, 3 months ago
Effective at 9:00 p.m. on Wednesday, the transportation or possession, or the sale or purchase of any dangerous weapon or substance, while off one’s own premises, is prohibited, the town says.
H/T reddit. According to the NC DOJ, “Pursuant to North Carolina’s Emergency Management Act (Chapter 166A of the General Statutes) local governments may impose restrictions on dangerous weapons such as explosives, incendiary devices, and radioactive materials and devices when a state of emergency is declared, but may not impose restrictions on lawfully possessed firearms.”
Furthermore, “Upon the possession, transportation, sale, purchase, storage, and use of gasoline, and dangerous weapons and substances, except that this subdivision does not authorize prohibitions or restrictions on lawfully possessed firearms or ammunition.”
The mayor of the city is a criminal, and so is the CLEO if he enforces this edict. This isn’t over – this is just beginning, and this hurricane will be over at some point. We’ll push on this until we get satisfactory answers or resolution. It’s simply not acceptable to have Katrina style gun prohibitions. Never again.
On September 11, 2018 at 6:53 am, Mark Matis said:
Good luck with getting “satisfactory answers or resolution“. Ask Andrew Lee Scott how that worked out for him. Or Jerry Waller. Or Andrew Finch. Or…
On September 11, 2018 at 7:06 am, Fred said:
This is one of those things that doesn’t make actual sense. I always try to look at these things from the dot guv point of view, it helps to know their fears for reasons the readers here understand. But this one? I’m not sure I understand why.
Separately, if you leave your weapons in your residence doesn’t that make it easier for looters to steal them?
On September 11, 2018 at 7:46 am, ragman said:
“Dangerous weapon”? I wonder if he is referring to a firearm in the possession of a cop. They seem to be the most likely to shoot a Citizen for no apparent reason except “I can”.
On September 11, 2018 at 8:16 am, Michael said:
Makes one wonder about the “value” of laws written on paper…
On September 11, 2018 at 9:23 am, Longbow said:
Don’t worry! I’m SURE the Vast Majority of Law Imposement Officers are going to tell their supervisor, “No, Boss! I ain’t doin’ it!”
I’m just sure of it!
On September 11, 2018 at 10:09 am, Gryphon said:
Non-Constitutional on its Face, wonder if they will Risk enforcing it…
Especially in light of a State Law directly Prohibiting this $#!*.
Basically they are Prohibiting open Carry (or CCW if appropriate)
As for “Katrina” style Gun Confiscations, I doubt that ANY .gov agency in those States are likely to try a Door-to-Door attempt at it.
On September 11, 2018 at 11:21 am, Cee4 said:
It is more than apparent that there is no one with intelligence running the town government of Leland. I would suggest that the honest ,legal gun owners of iLeland just ignore the idiots.
On September 11, 2018 at 12:26 pm, jack said:
Thankfully we have not seen such stupidity in the the much more leftist Triangle area. They’re too worried about caring for the 30,000 snowflakes at Duke, UNC, and NC State — classes cancelled Wednesday evening, won’t resume until Monday.
If I wasn’t buried under 5 tight deadline projects, I’d consider pushing for a legal injunction against the town…
On September 11, 2018 at 1:35 pm, DAN III said:
E-N-F-O-R-C-E-M-E-N-T.
The rulers can issue any diktat they want, legal or illegal. But, who is going to ENFORCE this latest example of .gov tyranny at the hands of a elected weasel ?
As one commenter recently opined, maybe the abused citizen, Joe Lunchbucket, can run this by their local or state judiciary. Yeah. That’s the ticket. Get a lawyer. It’s the civilized way to challenge public “servants”, eh ?
On September 11, 2018 at 6:55 pm, moe mensale said:
Order has been corrected.
https://www.facebook.com/townofleland/posts/1870793616350097?__xts__%5B0%5D=68.ARAT79Fr4igs7hT3RW76_IUf_cgVPMR_4pJdmgggJMx-NcomIhCzltBrW0FqWW8u_Fve-hnRjPWBzmjYIO082myryOy3NNQDQlzULsLslbzTq5VzEEx-ZCW21RLh1MbPlBTnJeG78RVShWQpBKPnqcocjHsTTg9v_KYN50MklRv7xUgTZ23OCg&__tn__=-R
STATE OF EMERGENCY NOTICE – UPDATED
Effective at 9:00 p.m. on Wednesday, September 12, 2018, the transportation or possession, or the sale or purchase of dangerous weapons or substances, while off one’s own premises, is prohibited. This prohibition and restriction does not apply to lawfully possessed firearms or ammunition.
On September 11, 2018 at 9:34 pm, Herschel Smith said:
@moe,
Disingenuous and unconvincing. It’s already illegal to posses a weapon that it wasn’t legally acquired. And it’s already illegal to conceal without a permit. And open carry is legal no matter what because state law says nothing about it. The town cannot prohibit it.
Much more to be done on this. I’ll get to the bottom of it, including demanding to know why the Sheriff hasn’t required that his deputies arrest him and the town mayor and throw them in prison for violating state law.
On September 11, 2018 at 11:01 pm, Stealth Spaniel said:
Just load your weapons and ammo in the RV/SUV/Chevy Volt and get on with it. Make sure that the safety is on and keep them under the granola. No need to check in with anyone. What’s the Nike saying? Just Do It. and the hell with the mayor. And by the by, if the mayor finds himself out looking for shelter from the storm………..do not help him! Sorry, no room at the Inn has worked for 2000+ years.
On September 12, 2018 at 11:00 am, jack said:
Looks like FPC is on the case – https://www.firearmspolicy.org/fpc_fpf_demand_termination_of_leland_north_carolina_weapons_ban_order_issued_due_to_hurricane_florence
“WILMINGTON, NC & SACRAMENTO, CA (September 11, 2018) — Today, Firearms Policy Coalition and Firearms Policy Foundation announced a pre-litigation demand letter sent today to the Town of Leland, North Carolina, regarding the municipality’s order banning some lawful and constitutionally protected firearm-related conduct in advance of Hurricane Florence.
On September 12, 2018 at 11:17 am, moe mensale said:
@Herschel,
Isn’t the issue transportation and possession during the stated emergency off of your own property? That seems to have been addressed.
On September 12, 2018 at 11:58 am, ExpatNJ said:
That open-ended ‘Curfew’ is troubling, also.
On September 17, 2018 at 3:55 pm, keith park said:
Is there more text of the law that the author of this article has omitted? I read the article: The article reports the prohibition of “The transportation or possession, or the sale or purchase of any dangerous weapon or substance, while off one’s own premises, is prohibited.” A dangerous weapon is described and defined above: “Dangerous weapons such as explosives, incendiary devices, and radioactive materials and devices”, and goes on to state “But may not impose restrictions on lawfully possessed firearms.”
Also, “…except that this subdivision does not authorize prohibitions or restrictions on lawfully possessed firearms or ammunition.”
Where are you guys inferring a gun ban off of private property? There’s no language in the article or in the statute that specifically bans firearms.
Take a breath.
On September 17, 2018 at 4:06 pm, Herschel Smith said:
@keithpark,
You’re reading the amended edict (after GRNC got to them), not the original one. Go back and read the two priors on this I’ve linked. What makes this so amusing and sad at the same time is that after amending the edict, it basically reads, “that which is already illegal shall be more illegaler and badder and you shan’t do it.”
The entire thing would have been an exercise in silliness if the original edict had read the way the amended edict did. There would have been no point to it. That which is already illegal doesn’t need an additional edict from a mayor to be made illegal.
EDIT: Correction. What you’re reading is the NCDOJ ruling concerning the illegality of doing what Leland did. Not what Leland did – which is illegal.
On September 19, 2018 at 11:45 am, Eddie said:
You just a need a few Cajun Navy boats filled with good ole boys and their AKs/ARs. John Law boys pull up in their boat saying, “y’all have to surrender yo guns”. The Cajun Navy boys say, “Oh, I don know ‘bout dat” as they take aim en masse at John Law. And the two boats behind them do the same.