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Judge finds weapon sales ban during emergency unconstitutional
by Dawn M. Kurry
Apr 07, 2012 | 2860 views | 0 0 comments | 8 8 recommendations | email to a friend | print
Dawn M. Kurry | Daily Journal

Robert E. Lee, owner of Rockingham Guns & Ammo, said he thinks a ban on weapons sales during a state of emergency is unconstitutional.
Dawn M. Kurry | Daily Journal Robert E. Lee, owner of Rockingham Guns & Ammo, said he thinks a ban on weapons sales during a state of emergency is unconstitutional.
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Gov. Bev Perdue made what some have called a controversial decision when the state was devastated by storms in winter of 2010: she declared a state of emergency.

Now a federal judge has ruled that state law cannot create a ban on buying guns and ammunition during emergency situations.

“While the bans imposed may be limited in duration, it cannot be overlooked that the statutes strip peaceable, law-abiding citizens of the right to arm themselves in defense of hearth and home, striking at the very core of the Second Amendment,” Senior U.S. District Judge Malcolm J. Howard wrote in his order.

Defenders of the constitution say this is a victory for the Second Amendment at a time when the Second Amendment is under direct assault from Democrats across the country. Within the last week, both former President Bill Clinton and Vice President Joe Biden have used the Trayvon Martin case as a reason to reintroduce the gun control issue, according to some political critics.

Robert E. Lee, owner of Rockingham Guns & Ammo at 410 E. Broad St., Rockingham, cited Hurricane Katrina as another example of when a state of emergency ban on weapons goes bad.

“They went down there after Katrina and began confiscating guns,” said Lee. “That is unconstitutional. Our Founding Fathers gave us the right to possess and bare arms for the defence of ourselves and our families.”

Lee said he believes there will always be someone who will misinterpret the constitution.

“The constitution is not something that can be overridden,” said Lee. “Once you take firearms away from law-abiding citizens, the ones who have them will be criminals and you will be held captive in your own home.”

Lee has been a certified carry concealed and pistol class instructor for more than 30 years, and teaches both the course and one-on-one classes on how to go into and come out of situations where deadly force is or may be used.

“We’re living in a world gone mad,” said Lee. “It’s not a grown man I fear; it’s 15 and 16-year-old boys whose parents didn’t discipline them.”

“It’s a shame you have people who misinterpret the constitution,” Lee continued. “Our Founding Fathers knew exactly what they were doing. They came up with the Second Amendment to keep government from becoming tyrannical government.”

— Staff Writer Dawn M. Kurry can be reached at 910-997-3111, ext. 15, or by email at dkurry@heartlandpublications.com.



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