Posts Tagged ‘state of emergency declarations’

Can We Really Ban In-Person Attendance at Board Meetings During the Coronavirus Emergency?

Wednesday, March 25th, 2020

[Update 11/18/2020: Section 5.2(a) of the Governor’s Executive Order 169 (extended by Executive Order 176) generally exempts “government operations” from the order’s prohibitions on mass gatherings.  The NC Department of Public Safety interprets “government operations” to include local government board meetings. Section 5.2(a) expressly does NOT exempt government operations from the capacity limits imposed by Sections 3.2 […]

Local State of Emergency Declarations – Some FAQs

Wednesday, October 5th, 2016

Hurricane Matthew is bearing down on North Carolina’s coast.  State and local officials are preparing for significant impacts.  The Governor has issued a state of emergency declaration for much of central and eastern North Carolina.  Local officials wonder whether they should issue local declarations within their own jurisdictions.  Can they?  Should they?  If so, how […]

State Emergency Management Act Rewrite: More Than Changes to Emergency Firearms Restrictions

Tuesday, June 5th, 2012

In two previous blogs (here and here), I discuss a 2012 federal district court ruling (Bateman v. Perdue) on the constitutionality of North Carolina’s emergency weapons restriction statutes and the legislative response to that ruling.  The General Assembly responded to the court’s ruling by limiting the authority of cities and counties to impose restrictions and […]

Can Cities and Counties Restrict Firearms Under A State Of Emergency?

Friday, June 1st, 2012

In a previous post, I summarized a 2012 federal district court ruling on the 2nd Amendment challenge brought against restrictions on dangerous weapons that can be imposed by local governments during a declared state of emergency.  The General Assembly responded to this ruling by prohibiting restrictions and prohibitions on the lawful possession and use of […]

Bateman v. Perdue: Implications for Gun Restrictions During a State of Emergency

Sunday, May 13th, 2012

UPDATE:  An update on this issue is available here. On March 29, 2012, Senior U.S. District Judge Malcolm Howard ruled on the 2nd Amendment challenges brought against restrictions on dangerous weapons that can be imposed during a declared state of emergency under North Carolina law.  The statutes at issue in the case, Bateman v. Perdue […]

“Mandatory” Evacuations – Are They Really Enforceable?

Wednesday, August 24th, 2011

As Hurricane Irene barreled toward the eastern seaboard and North Carolina’s coast, local communities and state and local officials braced for a potentially significant hit.  Hyde County declared a local state of emergency. Under its declaration it ordered a mandatory evacuation for visitors and a voluntary evacuation for county residents beginning early Wednesday morning.  The […]