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SAF Files Gun Rights Lawsuit In North Carolina

July 5, 2010 by  

SAF files gun rights lawsuit in North CarolinaCritics of the recent Supreme Court ruling that struck down Chicago’s handgun ban as unconstitutional have expressed concerns that the decision may open floodgates to lawsuits across the country. In fact, there are early signs that this may already be happening.

On the same day that the highest court’s opinion was announced, The Second Amendment Foundation (SAF) filed a Federal lawsuit in North Carolina, which is asking for a permanent injunction against Governor Beverly Perdue as well as local officials and governments from declaring states of emergency that might lead to private citizens’ being denied their right to bear arms.

According to the filing, state statutes that ban individuals from carrying weapons and ammunition during states of emergency violate the Constitution.

"We intend to show that state emergency powers statutes that allow government officials to suspend fundamental civil rights are unconstitutional and should be nullified," said SAF founder and executive vice president Alan Gottlieb.

He added that "citizens do not surrender their civil rights just because of a natural or man-made disaster."

The SAF was joined in the suit by Grass Roots North Carolina, a local gun rights organization, and three private citizens. ADNFCR-1961-ID-19866557-ADNFCR

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  • J.M.R.

    i don’t know what party perdue is with but heres another hack that thinks she knows whats best for the people of her state. just another intrusion in your private home. she needs to be shown the out door

    • Joyce from Loris

      Bev Perdue is a Democrat. Need I say more?

      • http://?? Joe H.


  • CJ

    The constitution was written so people COULD help in a state of emergency. Funny how some states want to force people to be dependent on the state more when things go bad. This is the kind of destructive thinking that has to be terminated. Our government, federal too, has created a system where we have to be victims. They can’t stand that anybody can take care of themselves. They need more victims so their actions can be justified. I REFUSE to be a victim!

    • Roger

      I agree. Let the government be the victims.

    • JC

      CJ This is just one of many avenues that state and federal government’s are taking to force us all into greater and eventually total dependence on “government”.
      The intention is, in and of itself evil to the core.

    • class action

      The Feds need to do there jobs and stay the —– out of are life’s and leave the states to take care of them self’s need put a term limit of three years and that’s it.

    • blamesomeoneelse

      CJ – Wow – I think that is what our forefathers wanted! Well said.


    I agree with you.
    By trying to make us all ‘victims’ the socialists hope to have us all turn to the state for help thus solidifying their hold on the levers of power.
    We do not need a ‘nanny state’ nor a government which controls everything. You just have to look at the results of this marxist doctrine in the OLD SOVIET UNION and the newer EUSSR. Everything for the commissars and practically nothing for the serfs.

  • slickporsche

    In the case of guns and ammo, it needs to be like it was back in the 50′s,60′s,&early70′s. You could walk into a store, like a sports shop, or hardware store and puchase a gun and ammo. Oh and all you needed to do is find the gun you want in a display case and tell the attendant that is the one I want. You handed them the money and they gave you a smile, a reciept, and a bag to put your item in. Just like buying a screwdriver.It needs to be like that again, in every aspect of American life. WE are no longer free like we used to be, and we need to take it all back. We need to bust them down hard and start over with a very small government, for the people and by the people.

    • Claire

      slickporsche–Life was simple and good in the late fifties. I can remember leaving the keys in the ignition of our cars back then. Being a teenager in the late fifties, I can remember the drag races, PBR beer, L&M cigarettes. The drag races were rather dangerous, I guess, but this is what the kids did for fun. And the sock hops at the high school. Elvis Presley came upon the scene and we all went wild dancing to his songs. My Mother had a fit about Elvis. We never heard of drugs. Parents were parents back then. Kids were taught respect, manners, and were taught to do their homework or else. The fifties are in the past. Sure, there were episodes of murder, drunkeness, but not on the scale that we have now. Those days will never come to be again. It is a different world now. Totally. Now there is more crime, drug abuse, robberies, murder, and mayhem, etc.
      The past and present administrations haven’t done America any favors. The erosion of the American way of life has been going on for several decades. We are to blame for some of it, but the politicians became greedier and greedier. Yes, we need smaller government, but how? I am not trying to depict doom and gloom here, but incoming politicians won’t be much better. We need new people, honest people, people that have ethics and morals, people that we can actually trust to conduct governmental affairs for America. I have studied the candidates in both parties, what do they have to offer? All they can do is sling mud at the other party, and actually not saying a whole heck of a lot about the issues at hand. What are their solutions to America’s problems? Sure, they say this and that but will they actually follow through with what they promise in their campaigns? Or will they change the minute they enter Congress and the White House?

      • Claire

        slickporsche–Guns–you are correct on what you posted. My Stepfather was able to purchase a gun any time he wanted. No problems. Ever. He would go into a store, pick it out, pay for it, and leave with it.

      • Joyce from Loris

        The solution is more simple that we know. Just keep voting out ALL incumbents. The politicians are the ones who voted NO TERM LIMITS for themselves. They also voted themselves lifetime paychecks. All they have to do is serve one term, and they will receive they pay for the rest of their lives. If they die, then their spouse receives it. WE THE PEOPLE must repeal this law, and then move them out. Our politicians need to feel like they are in a revolving door. And that’s just where they need to be. Once these things happen, you will see more good, honest people, willing to SERVE come forward and do their part for our country. Kind of like serving on the jury. The ‘GOOD OLD BOY’ system needs to be ended for ever.

      • http://?? Joe H.

        Remember L.S.M.F.T.? Think back to the 50 and early 60s!!

        • http://?? Joe H.

          Lucky Strikes Mean Fine Tobacco!!!

          • Claire

            JoeH–Sorry, I missed your post. Yes, I remember–I also remember my stepfather smoking Camels. Geez, they were strong cigarettes!

  • Dennis UnPC in PC

    This article brings back memories of the Tennessee flood and the email I received about the “good ole boys” and their guns preventing looting there. Common sense is missing in North Carolina as well as Chicago.

  • Charles

    All this will become moot when Hillary Clinton succeeds in forcing the United States to accept the U.N.’s “no gun” policy. Our sovereignty is being trashed, and we don’t have a damned thing to say about it!

    • Richard Pawley

      The Senate would still have to ratify this and that is another reason why the most important vote of anyone reading this is in four months. If we want to keep the United States as we have known and loved her we MUST VOTE OUT ALL THE MARXIST SOCIALISTS (OR PROGRESSIVES) IN NOVEMBER. It is November or never! Long live the Republic!

    • James

      Charles, The U.S. Supreme Court has always held that treaties may not exceed the federal powers that were delegated to it in Article I, Section 8. However most Americans, including congressmen, don’t know that, and now, after McDonald v. Chicago, which gave federal oversight power to Congress, over gun rights within the States, the U.N. Treaty could well be understood as superior to the U.S. Constitution and require Americans to be disarmed.

      • JC

        And the UN along with their treaty can go pound sand. :)

      • http://?? Joe H.

        I don’t think I want to see the aftermath of that!!!!


      Charles, I don’t think our forefathers would agree with you, my friend! Hillery Clinton has shown her true colors as a Marxist which means she is a domestic enemy of the Constitutional United States! I, for one among many, will not hold ANY law, mandate OR treaty put forward upon us by a rogue Federal Government as being valid! WHY do you think our forefathers gave us the Second Amendment? Do you seriously think that THEY would adhere to “rulings” by an enemy and just hand in their guns?! “Whensoever the general government assumes undelegated powers, its acts are unathoritative, void and of no force” Thomas Jefferson

      • JC

        Absolutely right.

      • http://?? Joe H.

        did any of you see the news about people holding certain government jobs will not be able to access certain sites on the computer??? Tell me they aren’t worried about the opinions getting around!!!

    • bargal

      Bet me gambler

    • Joyce from Loris

      I don’t care what Hillary Clinton agrees to, nor what the UN wants. She is not MY secretary of state, just as Obama in not MY president. And I will NEVER adhere to what a foreign entity tries to tell me, AN AMERICAN, what to do. Who do they think they are?? Americans need to find our backbones again. All the things that made us great and wonderful has been destroyed, and we laid down and let it happen. So many people from other countries have “immigrated” here, and instead of assimilating themselves to the American Way, they have bought all their differences with them, and are changing America. At 320 million residents of America, we are full. Enough. We have to enforce the assimilation clause of immigration, or repeal their citizenship and send them back home. NO MORE MOSQUES.

  • Richard Pawley

    The Constitution is often ignored by all the branches of government. In THE LAST DAYS OF THE LATE GREAT UNITED STATES I pointed out how in New Orleans the police were ordered to go and take all weapons away from anyone they could get them from, including valuable antique gun collections. This left the city at the mercy of the criminals who of course don’t obey the laws to begin with. The deaths of some of the 1500 who died during Hurricane Katrina is on the hands of those who gave that unconstitutional order. Likewise in Democratic Chicago only the criminals could have guns for years now, and in Washington, DC, when the Democratic officials outlawed the ability of citizens to protect themselves from rapists, murders and thieves, the crime rate soared once guns were outlawed. I mention the statistics in a few other countries too. We have one chance and one chance only (as I see it) to save our country and that is if we elect all the Independents, Libertarians, and Tea Party Conservatives that are running – even if they have to run as Republicans – in November. Congress is killing the dollar and regular Republicans are just as guilty as the Democrats. We must replace these ‘good ole boys’ and elect fresh faces who are not sold out to the 36,000 lobbyists in the District of Corruption who pay so well. I we have a restoration of morality and truth in November. Do what you can to support those who REALLY support the Constitution and not just give it lip service. Thousands of Americans are dying in the middle east and just as the blood of all those Americans killed by illegal aliens (more than were killed at 9/11) is on the hands and souls of those in Congress who will not fix the border, so the blood of those who are dying in the Middle East is too. We must replace the 111th Congress. It is NOVEMBER OR NEVER!

    • slickporsche

      Sorry Richard, but I disagree with you on the November vote. I do not trust anyone in this government anymore. It will take a guns and ammo revolution to save this republic. Im willing are you? Is there enough of us?? Big question huh? I have tears in my eyes as I type this. It got so bad, that I moved to a foreign country and will not come back until someone says there is a revolution, and then I will come back and fight for our beloved Republic. Basically it appears as it is already gone.Its dead but has not tipped over yet.

  • Mark

    This is just another reason why the Oathkeepers is a growing organization, and much needed. Our out of control government at federal and state level must be reigned in if the Republic is to survive and flourish. This will be accomplished at the local level.

    • slickporsche

      Mark tell me about the Oathkeepers.


        Slickporsche, I am a founding member. Go to: for full details, my friend.

        • JC

          Keep up the good work AC. It’s good to know there are men in uniform on the side of “We The People”.

  • Okee

    George Soros is one of the most dangerous individuals alive and has Barry Soetoro, alias, Barack Hussien Obama as his personal puppet.
    They both wish to confiscate all firearms.

    Google up: George Soros/Communist ties
    Barack Obama/Communist ties

    Interesting reading.

  • s c

    Long ago, useful idiots and mental defectives were told that America would have to live under the thumbs of whatever laws are passed. The central idea is that once a law is passed, it will never be overturne (especially when the Supreme Court became a pc whore).
    King Georgeitis is a polite way to look at this disease. Its first cure was the Revolutionary War. Its second cure will be whatever it will be.
    It sounds like the New Yorkers and Californians who invaded North Carlina over the years didn’t allow for a serious dose of citizen involvement. Whatever it takes, North Carolina, do it. The least you can do is to give your ‘peers’ on the other side of the fence a world-class dose of reality. Otherwise, it just wouldn’t be ‘fair.’

  • John C

    November comes a rolling, make sure all your friends and relatives are well informed and vote.
    We will get the first batch out this round and the remainder in 2012

  • http://GOGGLE vaksal

    well SC, are the folks from new york in north carolina,are they agents of the bloomberg mob?,and the california bunch probably from berkely,a real communist upper education breeding cess pool does the name ,mario saveo ring a bell,abbey hoffman,real standup communist liberals from the same breed in the past,the bad old 1960s,when the filthy maggots came out of the cracks in walls,yes they infected everything,to a point that life became worthless,by the time these masters of the universe put their filth into the mix,so remember calif.>mario savo,abbey hoffman,pelosi,finestein,berkley ,you can bet these = americas destruction as a free republic,and new york is the same, bloomberg and all these same bunch are up to no good,put them all together and what have you got? answer is the (NEW WORLD ORDER) CHAOS BIG TIME PLUS and this bunch will be the death of this nation for sure.we live in a dangerous era.the possible death of a freedom living state,turned into a bolshevic commmunist state without freedoms ,except for these new ,self proclaimed new world order bunch,we are gods chosen people bunch,sounds like something we are the master race bunch,the germany nazi bunch,when will these trouble making theifs ever get it right,leave well enough alone,or loose your heads and lives,like during the french revolution.THE AMERICAN GIANT HAS AWOKEN,AND SEES HIS HOUSE IS BEING DESTROYED,OOCH!

  • mehoward


  • Lee

    The writers of the second Amendment put some very important language in it that none of the hysterical gun owners or the NRA ever quote.
    It is simple English which contains the “reason” for citizens to own guns – namely -”A well regulated Militia, being necessary to the security of a free State, (the right of the people to keep and bear Arms shall not be infringed.)”
    How this can be construed that ANYONE can own ANY ARMS is astounding. And besides,”Arms” must be interpreted to mean swords and muskets, unless you think our forefathers envisioned AK 47′s, automatic pistols, hand grenades or Atomic Bombs.
    Common sense says there must be limitations for the public safety.
    Persons convicted of felonies, mentally disturbed, and juveniles to mention a few are not to be trusted.And,how many murders,”accidental” shootings are done by “law-abiding” citizens? More in our country than anywhere else in the world. The least we can do is stop the unregulated sale of guns without background checks and registration, and adhere to the original meaning of ARMS as closely as possible.
    Guns for hunting or target practice is one thing, but can any sane person suggest we would all be better off, each carrying an AK-47 wherever we went to “protect” ourselves? Do we want trigger-happy “law abiding” citizens to be able to attack the police or our Armed Forces if they don’t like the law? Votes, not bullets are “Constitutional”. This isn’t the “Wild West” anymore, I should hope. And finally, the Supreme Court in the Heller case ruled that laws to REGULATE guns were definitely Constitutional, if you care to be accurate.
    PS None of this has anything to do with Marxist,Socialist,Fascist, or Monarchist forms of Government. More likely with Anarchists.

    • independant thinker

      The founding fathers envisioned the people being armed eaqual to the military. The Militia was the whole of the people who were expected to show up if called armed and ready to assist the local, state, or national government with the issue at hand. I am sure they envisioned improvements in firearms because they would have known the history of them up to that time.

      ” This isn’t the “Wild West” anymore,”…………….no its not, things are worse than it was in the so called “Wild West” where one on one violence (other than perhaps impromptu fist fights) was very rare contrary to what the entertainment industry would have you believe.

    • marvin

      Lee, the founding fathers were smart enuf to know that man would keep building a better firearm and did not put retriction on muskets only for us ever day joe blow citizens do you need a ak47 that should be up to you


      Here’s to YOU, Lee….your rightfully and justly given place of prominence based on your views and shortsighted opinions ().() !!

  • XDM

    Purdue is a Socialist/Democrat that fully endorsed Hussein Obama…..she has signed a progun bill into law…she has an A rating from the NRA ….but in no way deserves it. She has done nothing to promote and endorse the Castle Doctrine bill

  • marvin

    only us lawless people will have guns if guns are out lawed i would say that dike nepolitano and holder like clinton have most of us that fellow the const on a watch list,but the state of alabama still allow concelled carry by permit and i have more then one firearm i belive you have the right to, right up to shooting anyone trying to do you harm so people you can live in fear, or load up and don,t thank the cops will protect you most won,t so by vote, or impeachment if that is what it will take to get ready of the cancer in are goverment,ever law abiding adult needs at lest one gun

    • http://?? Joe H.

      don’t forget all the progressive mayors, governors, senators, and congressmen!!! Can’t stop them from protecting themselves, they’re special!!!!

  • Joyce from Loris

    I, for one, and sickened by the display of tyranny in our government. I feel that the only solution is to get rid of all the politicians, repeal the laws and start over again. Right now, the Federal government is the biggest problem of drug abuse in this country. Why? Because they are handing out our hard earned dollars by the BILLIONS in the form of welfare checks and “disability” checks. I personally know a 17 year old boy who collects $800 a month in disability. His disability? He can’t stand to be in a crowd. Can you believe that? In Marion, OH a crack head woman had TEN children. Now, she and all ten of her crack head children are on disability because they are drug addicts. Now, those children are starting to breed, and they will be on welfare or disability, depending on how soon their parents can get them hooked. This is a mess! Our hard earned dollars are being wasted by the government. Civil Rights Act need to be repealed as well, now that terrorist have more rights that the victims under that ACT.

  • 45caliber

    Isn’t it terrible? We, the people, are filing court suits against the anti-gun laws. That isn’t fair! Only the liberals are allowed to get court judgements that can force us to give up our guns. We shouldn’t be allowed to do the same thing to keep them! It isn’t fair!

    Reminds me of a local problem. A small number of people wanted to get a law passed that might make them a lot of money. It was on every election – and was voted down every time. Finally it was sneaked onto a ballot for a special election and hardly anyone showed up to vote – except those who wanted the law passed.

    So it passed. The very next election it was back on the ballot to repeal it. And it was repealed by a huge majority. Those who had wanted it tried to get a judge to overturn it. It wasn’t fair! They had gotten the law passed after 11 ballots and it wasn’t fair that the people immediately voted to get rid of it!

  • MNE in CA

    Back in the day, about 1975, in Illinois, a shop owner’s daughter
    was kidnapped, raped, murdered. From that point forward that shop
    owner displayed on his outdoor sign, “the best way to reduce crime is
    to make it more dangerous to be a criminal than to be a victim”.


  • David

    Everyone needs to be armed during a state emergency it will keep looters away. Here is something else that needs to be changed. I was denied a CCW permit by the director of Catawba County’s mental health department, because he thinks I might be drinking too much. My right to the due process of the law Does Not Apply in this case. I have to pay him 118 dollars for a substance abuse evaluation, and it is going to be his personal opinion as to whether or not I pass it. I have been stripped of my right to due process of the law by one man without any charges, representation, or a trial! My advice to everyone is to Never Trust a Mental Health Provider they will Betray your Trust! What You Tell Them Is Not Private! Once You Are Stigmatized As Being Mentally Ill Your Constitutional Rights Are Worthless!


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