Bateman Case Takes on a New Urgency

With the approach of Hurricane Earl to the Outer Banks of North Carolina, Governor Beverly Perdue has proclaimed a State of Emergency by executive order. Under North Carolina law, it is illegal to transport or possess a “deadly weapon” off one’s premises during states of emergency. No exception is made for recreational shooting, hunting, or for holding a concealed carry permit.

An examination of the executive order and the laws surrounding it can be found on my blog here.

Starting Saturday at 12 noon, many thousands of North Carolinians will likely be guilty of an act that is a Class 1 misdemeanor for that is the opening of dove season.  They will be possessing and transporting firearms to dove fields around the state during a declared state of emergency which violates G.S. 14-288-7. I sincerely doubt the State of Emergency will be lifted before then.

UPDATE: The NC Wildlife Resources Commission released a statement by e-mail saying that the Governor’s Office informed them that the emergency proclamation would not interfere with hunting and nothing was invoked to prohibit transport. You can read it here at the bottom of the page.

While Bev Perdue’s office is saying one thing, I still think the law says another.  Nothing in Section 14-288-7 says that the prohibition on the transport and possession of a deadly weapon off-premises during a state of emergency is at the Governor’s discretion.

5 thoughts on “Bateman Case Takes on a New Urgency”

  1. @Mike – Here in Western NC, we do have a town called Bat Cave. Pictures of the exit to it off of Interstate 26 have been making the rounds of the Internet for years. Unfortunately, that is about as close as I can come.

  2. Looks like there may soon be a great many more plaintiffs with standing, and a previously clean criminal record.

  3. They won’t have standing unless someone is arrested. That is one problem with laws like these – mostly used by LE to get those they have a grudge against and also to teach citizens that “when it comes to guns, the citizen acts at his peril.”

    Many gun laws are merely to keep the honest citizen off balance and worried about violating some arcane law. If enough of us give up firearm use/possesion because of these fears, they will win.

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