strike Nc law that is unconstitutional & anti- gun (weapons at parades & demonstrations)

strike Nc law that is unconstitutional & anti- gun (weapons at parades & demonstrations)

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Jessica reavis started this petition to North Carolina State House and

THE US CONSTITUTION GIVES US THE RIGHT TO PEACEFULLY ASSEMBLE WHILE PRACTICING OUR SECOND AMENDMENT.  WHEN PROTESTORS START EXERCISING THEIR FIRST AMENDMENT RIGHT THEN IT DOESN'T MEAN THAT OUR SECOND AMENDMENT RIGHT SUPPOSED TO SUDDENLY END.  THE SECOND AMENDMENT IS NOT NEGOTIABLE AND AN INALIENABLE RIGHT !!

In 2017, a college professor was arrested along with several others in Durham NC, for same charge (14-277.2)   The Judge dismisses all charges citing void for vagueness doctrine.

September 2019, an officer in Pittsboro NC also cited law and said that it's LEGAL TO CARRY A FIREARM WITH A PERMIT AT A DEMONSTRATION.

I was arrested October 2019 and my possessions seized without due process. I was found  guilty in lower court (exploited by local media and other malicious organizations trying to make me lose my business and destroy my reputation.)  I have appealed the decision to superior court.   I was found guilty only after the judge in the lower court admitted that the law was "poorly written."  I am currently waiting for a jury trial. 

In April 2020 in Raleigh North Carolina ...9 armed militia carried flags,  signs,  semi auto rifles,  handguns. ..and were not arrested under same statute (14.277.2)

In June 2020, 6 black armed BLM activist were arrested for also carrying firearms at protests.  A former federal prosecutor/ college professor was quoted in a news paper article "guns in black and white" saying ..if they had a permit to carry and their guns were concealed then they were legal.

August 2020 in Lexington North Carolina, the chief of police was reported in the "triad city beat" article for saying that open carry was illegal in demonstrations but that concealed carry with a concealed permit was allowed.

THIS LAW (14-277.2)  IS SO VAGUE THAT LAW ENFORCEMENT ARE CONFUSED ON HOW TO ENFORCE IT AND THE JUDGES KNOW IT IS UNCONSTITUTIONAL AND PROSECUTION IS ALSO NOT CONSISTENT! !  THE 14TH AMENDMENT OF THE CONSTITUTION GIVES CITIZENS EQUAL PROTECTION UNDER THE LAW AND PREVENTS SELECTIVE PROSECUTIONS.

North Carolina 14-277.2 is unconstitutionally void for vagueness and overbreadth.  This law fails to State explicitly what it mandates and what is enforceable. Also when vague terms and are not defined it makes a law unenforceable. Laws that deprive citizens of their rights without fair process, violate due process making them unconstitutional.

All persons must receive fair notice of what conduct is punishable and what is not. This will help prevent arbitrary enforcement of the laws with arbitrary prosecutions. There is no limit to conduct that can be criminalized when the legislature does not give plain meaning and minimize guidelines to govern law enforcement and the courts.  The terms of a penal statute must be sufficiently explicit to inform those who are subject to it and what conduct on their part will render them liable to its penalties.  The void for vagueness  doctrine is a constitutional rule that requires laws to be narrowly tailored to its purpose.

 A law is considered overbreadth when it is unclear for person to reasonably  know whether or not their conduct falls within the law to avoid a risk of legal consequences. They often stay far far away from anything that could be possibly fit the uncertain wording of the law.  The affects are there by far broader than intended of that of the US Constitution and what it permits. The laws must be consistent with their meaning and citizens of ordinary intelligence should not have to assume the bounds of the law. The law should be able to ask the questions who, what, when, where, and how  and be very explicit and its meaning

 This law also falls under the rules of lenity. This is also called the rule of strict construction. It requires the courts to apply any unclear or ambiguous law in the manner most favorable to the defendant.  The rule of lenity  is considered as a Canon of construction which is intended to guide the manner in which a statue is to be applied implicit and its provisions is additional burden placed on the prosecution in a criminal case and the protection of the individuals rights against the powers of the state.

  Individuals should not be punished for their acts when a law fails to communicate to the public which acts are forbidden. The rules of lenity  intended only to apply to those instances where the court recognize the existence of one or more interpretations of a term used in a statue. The decision of the Court then reaches harm of lesser degree to the defendant.   In that case the rule requires a court to select the interpretation most beneficial or at least detrimental to the defendant. 

This law is unconstitutional and needs to be changed. 14-277.2 was conceived in 1981 and has never found anyone guilty until my case because it is so poorly written.  Amend the law to give plain meaning or consider it void for vagueness and start over. This should not be left to the DA or law enforcement to guess at a statutes meaning.

The law states  a person participating in, affiliated with, or present as a spectator at a parade, funeral procession, picket line or demonstration at a health care facility..... The state of North Carolina does not define the words demonstration or parade.  Does this law strictly only apply to a demonstration at a "health care facility?" The law never defines what it means to be "affiliated with" and what if you had no intentions on becoming a "spectator" and just get caught up in the wrong place at the wrong time.  It is not the job of the citizens and visitors from other states with CCW PERMITS to have to guess how far they need to steer clear of illegal actions.  The law also states under exemptions section, citing "this offense does not apply to the concealed carry of a handgun at a parade of funeral precession by a person with a valid permit, with a permit considered valid under GS 14-415.24 (OUT OF STATE PERMITS)  OR with an exemption from getting a permit under GS 14-415.25....."  

THIS LAW IS NOT SPECIFIC IN IT'S CURRENT FORM AND NEEDS TO BE REWRITTEN!!!

I am 40 years with no criminal record and i took the necessary steps to obtain a concealed weapons permit so that I could be within the bounds of the law. I have held this permit for over 19 years. Unfortunately I have been exploited by malicious groups with malicious intentions. My case has become more of a political trial and I'm not being treated fairly or equally as stated under the Fourteenth Amendment of the Constitution.

 The Department of Justice/ FBI/ internal affairs needs to conduct an investigation on the conduct of the state actors within Chatham County, North Carolina's judicial court and the police department of Chatham County, North Carolina. The district attorney and public defenders office in Chatham County, North Carolina needs to be investigated for bias prosecutions and conduct by the BAR ASSOCIATION.  There is a lot of things that are going unwarranted and need attention in Chatham County, North Carolina.  

 

 

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