Supplemental Information

January 11, 2016

The law of North Carolina does not have a definition for a loaded firearm. Without a definition, we should assume that an unloaded firearm should have no cartridge on the firing chamber or no magazine attached to the firearm.

State of Emergency
§ 166A-19.30. Additional Powers of the Governor During State of Emergency.
During a state of emergency, when the Governor finds it not sufficient to have a local control to ensure the safety and protection of the residents because the local authorities had not implemented the steps for the ordinances and regulations appropriate for the emergency or if the extent of the emergency exceeds the local authorities’ capability of coping, the Governor may exercise the following powers: to restrict and prohibit different activities as enumerated in G.S. 166A-19.31(b). Such prohibition or restriction should last after the termination of the state of emergency.

§ 166A-19.31. Power of Municipalities and Counties to Enact Ordinances To Deal With States of Emergency.
The officials of the counties and municipalities may implement ordinances and regulations so as to impose the prohibitions and restrictions on the affected areas. The governor may delegate the authority to impose prohibitions and restrictions to the mayor of municipalities or chair of the board of counties.

The governor has the power to exercise the following:
• Prohibit movement of the residents to and from the emergency area
• Direct a population to evacuate
• Prescribe routes, modes of transportation and destinations for the evacuees
• Prohibit the operation of establishments
• Restrict the possession, sale, purchase and transportation of alcoholic beverages, gasoline, substances and deadly weapons

Note: During a state of emergency, the federal law may be applicable if the state is receiving financial assistance from the federal government. To know more about the federal laws for State of Emergencies, check the U.S. Code 42-5207.