First Firearms-Related Bills Introduced In NC General Assembly

A number of bills concerning firearms rights have been introduced in the last couple of days in the North Carolina General Assembly as it starts its new session. The firearms bills in this session will probably be more evolutionary than revolutionary as the Castle Doctrine, universal reciprocity, and parks carry were passed in the last session. Restaurant carry made it through the State House last session but ran out of time in the State Senate. That is addressed in a new bill in the State House as well as the confidentiality of concealed handgun permit holders. While it hasn’t been introduced yet, I fully expect a bill to be introduced to clarify the language of parks carry to prevent cities like Winston-Salem from perverting the intent of the bill.

With one exception, the bills below are favorable towards gun rights. The one exception is a bill that would curtail the universal reciprocity by only recognizing carry permits held by residents of the state that issued it. Non-resident permits would not be recognized for reciprocity under the bill. Sean Sorrentino has much more on this backwards step.

State House

HB 17 – Gun Permits/Restaurants and Confidentiality
This bill would allow concealed handgun permit holders to carry in eating establishments and restaurants unless the restaurant or eating establishment had been posted by the owner prohibiting carry. Unlike last year, it does not include the prohibition against consumption of alcohol. This bill would also make the list of permit holders and their application information confidential. It would only be available to law enforcement and would no longer be public data.
Primary Sponsors: Rep. Burr (R-Stanley), Hager (RR-Rutherford), Hollo (R-Alexander), and J. Bell (R-Wayne)
Other Sponsors: Rep. Arp (R-Union); Blust (R-Guilford); W. Brawley (R-Mecklenburg); Brody (R-Union); R. Brown (R-Davidson); Bumgardner(R-Gaston); Cleveland (R-Onslow); Collins (R-Nash); Fulghum (R-Wake); Hardister (R-Guilford); Holloway (R-Stokes); Horn (R-Union); Iler (R-Brunswick); Jones (R-Rockingham); Jordan (R-Ashe); Martin (R-Pitt); McElraft (R-Carteret); McGrady (R-Henderson); McNeill (R-Randolph); Millis (R-Pender); Moffitt (R-Buncombe); Pittman (R-Cabarrus); Saine (R-Lincoln); Schaffer (R-Mecklenburg); Setzer (R-Catawba); Shepard (R-Onslow); Speciale (R-Craven); Starnes (R-Caldwell); Steinburg (R-Chowan); Stone (R-Lee); Szoka (R-Cumberland); Torbett (R-Gaston); Warren (R-Rowan); 

HB 49 – Firearm in Locked Motor Vehicle/Parking Lot
This bill provides that no business, commercial enterprise, or employer may prohibit the transportation or possession of firearms and ammunition when kept out of sight in a locked motor vehicle. Among other provisions it releases the business, commercial enterprise, or employer from civil liability for damages from another person’s actions involving a firearm or ammunition stored in a locked car that complied with state law.
Primary Sponsor: Rep. Shepard (R-Onslow)
Other Sponsors: Rep. McElraft (R-Carteret; Pittman (R-Cabarrus); Warren (R-Rowan)

State Senate

SB 17 – Concealed Carry Permits/Validity
This bill would not provide reciprocity for any carry permit held by a person who was not a resident of the issuing state. 
Primary Sponsor: Sen. Stan Bingham (R-Davidson)


SB 27 – Public School Protection/Firearm Amendments
This bill would create school safety marshals. These would be persons certified by the NC Criminal Justice Education and Training Standards Commission and designated by local school boards or boards of directors of charter schools to possess and carry firearms on school property. The intent of the bill is to provide additional protection for students and staff.
Primary Sponsor: Sen. Stan Bingham (R-Davidson)
Other Sponsors: Sen. Andrew C. Brock (R-Davie); Bill Cook (R-Beaufort); Warren Daniel (R-Burke); Clark Jenkins (D-Edgecombe); E. S. (Buck) Newton (R- Johnston); Norman W. Sanderson (R-Pamlico); Jerry W. Tillman (R-Randolph); 

 SB. 28 – Gun Permit Information/No Publication
This bill would provide for the confidentiality of concealed handgun permits and pistol purchase permits. The information would only be available upon request to law enforcement agencies and to the courts or other appropriate parties in response to either a subpoena or court order.
Primary Sponsor: Sen. Stan Bingham (R-Davidson)
Other Sponsors: Sen. Tom Apodaca (R-Henderson); Chad Barefoot (R-Wake); Andrew C. Brock (R-Davie); Bill Cook (R-Beaufort); Ralph Hise (R-Mitchell); Brent Jackson (R-Sampson); Clark Jenkins (D-Edgecombe); E. S. (Buck) Newton (R-Johnston); Norman W. Sanderson (R-Pamlico); Trudy Wade (R-Guilford);

WV Citizens Defense League Joins The Firearms Policy Coalition

The Firearm Policy Coalition added another state to their organization – West Virginia. They will be joined by organizations from California, New Jersey, Massachusetts, Illinois, Florida, Hawaii, and Texas.

BELLEVUE, WA (January 31, 2013) – While the U.S. Senate held hearings on new federal gun control proposals, another prominent Second Amendment rights group joined the fast-growing Firearms Policy Coalition, noted managing director Brandon Combs. In addition to the existing Coalition representation in Washington, D.C., California, Florida, Hawaii, Illinois, Massachusetts, New Jersey, and Texas, West Virginians now have the backing of FPC’s innovative and dynamic cross-state gun rights advocacy platform.

“The West Virginia Citizens Defense League is pleased to partner with the Firearms Policy Coalition in the defense of our rights,” commented WVCDL president Keith Morgan. “We recognize and support the need for nationwide cooperation in this critical fight.”
Morgan’s televised interview on The State Journal’s “Decision Makers” program in mid-January became an internet sensation among gun rights activists and gun owners across the nation, receiving nearly 200,000 views since being uploaded on January 13.

“One thing is clear, and that’s gun owners are taking a stand against gun bans no matter where they might reside,” said Alan Gottlieb, chairman of FPC’s national group Citizens Committee for the Right to Keep and Bear Arms. “People see through the outright lies of the gun-grabbers and know that the only real option is to fight back through real cooperation and hard work. No question about it, there’s strength in numbers.”

“It’s exciting to see our Second Amendment advocate friends in West Virginia combining forces with those in other states, like Illinois and New Jersey, through the power of FPC’s technology,” explained Combs. “Hopefully other gun rights groups, especially those in key states like New York, Connecticut, and Colorado, take notice and realize that they don’t have to go it alone any more. We’re here for them.”

“The Coalition is very much looking forward to working with Keith and the WVCDL membership to secure a strong right to keep and bear arms throughout the U.S.”

Dave Kopel’s Testimony At Senate Judiciary Committee Hearing

Dave Kopel replaced Fordham Prof. Nick Johnson at the Senate Judiciary Committee hearing on gun violence (sic) yesterday. Below is his prepared testimony before the committee. It also includes Dave answering questions from some senators.

While not as dramatic as the “testimony” that former Congresswoman Gabby Giffords gave, it is a lot more instructive on the issue. Unfortunately, the national media will concentrate on the former and ignore this.

Ted Cruz At The Senate Judiciary Committee Hearings

Sen. Ted Cruz (R-TX) is the junior senator from Texas and a member of the Senate Judiciary Committee. In his comments and questions today at the Judiciary Committee’s hearing on gun violence (sic) he brought out that the bill proposed by Sen. Dianne Feinstein (D-CA) is concerned with cosmetics and not functionality. It is a message that most Americans are not getting. I think Cruz is correct when he asserts the average American thinks of full-auto firearms when the term “assault weapon” is used.

Wayne LaPierre’s Prepared Testimony In Today’s Gun Control Hearing

The NRA-ILA has published Wayne LaPierre’s prepared testimony given before the Senate Judiciary Committee today. It was for their hearing on “What Should America Do About Gun Violence (sic)?”


TESTIMONY OF WAYNE LAPIERRE
EXECUTIVE VICE PRESIDENT, NATIONAL RIFLE ASSOCIATION OF AMERICA
BEFORE THE U.S. SENATE COMMITTEE ON THE JUDICIARY
HEARING ON “WHAT SHOULD AMERICA DO ABOUT GUN VIOLENCE?”
216 HART SENATE OFFICE BUILDING
JANUARY 30, 2013

Mr. Chairman and Members of the Committee:

It’s an honor to be here today on behalf of more than 4.5 million moms and dads and sons and daughters, in every state across our nation, who make up the National Rifle Association of America. Those 4.5 million active members are joined by tens of millions of NRA supporters.

And it’s on behalf of those millions of decent, hardworking, law-abiding citizens … to give voice to their concerns … that I’m here today.

The title of today’s hearing is “What should America do about gun violence?”

We believe the answer to that question is to be honest about what works – and what doesn’t work.

Teaching safe and responsible gun ownership works – and the NRA has a long and proud history of teaching it.

Our “Eddie Eagle” children’s safety program has taught over 25 million young children that if they see a gun, they should do four things: “Stop. Don’t touch. Leave the area. Tell an adult.” As a result of this and other private sector programs, fatal firearm accidents are at the lowest levels in more than 100 years.[1]

The NRA has over 80,000 certified instructors who teach our military personnel, law enforcement officers and hundreds of thousands of other American men and women how to safely use firearms. We do more – and spend more – than anyone else on teaching safe and responsible gun ownership.

We joined the nation in sorrow over the tragedy that occurred in Newtown, Connecticut. There is nothing more precious than our children. We have no more sacred duty than to protect our children and keep them safe. That’s why we asked former Congressman and Undersecretary of Homeland Security, Asa Hutchison, to bring in every expert available to develop a model School Shield Program – one that can be individually tailored to make our schools as safe as possible.

It’s time to throw an immediate blanket of security around our children. About a third of our schools have armed security already – because it works.[2] And that number is growing. Right now, state officials, local authorities and school districts in all 50 states are considering their own plans to protect children in their schools.

In addition, we need to enforce the thousands of gun laws that are currently on the books. Prosecuting criminals who misuse firearms works. Unfortunately, we’ve seen a dramatic collapse in federal gun prosecutions in recent years. Overall in 2011, federal weapons prosecutions per capita were down 35 percent from their peak in the previous administration.[3] That means violent felons, gang members and the mentally ill who possess firearms are not being prosecuted. And that’s unacceptable.

And out of more than 76,000 firearms purchases denied by the federal instant check system, only 62 were referred for prosecution and only 44 were actually prosecuted.[4] Proposing more gun control laws – while failing to enforce the thousands we already have – is not a serious solution to reducing crime.

I think we can also agree that our mental health system is broken. We need to look at the full range of mental health issues, from early detection and treatment, to civil commitment laws, to privacy laws that needlessly prevent mental health records from being included in the National Instant Criminal Background Check System.

While we’re ready to participate in a meaningful effort to solve these pressing problems, we must respectfully – but honestly and firmly – disagree with some members of this committee, many in the media, and all of the gun control groups on what will keep our kids and our streets safe.

Law-abiding gun owners will not accept blame for the acts of violent or deranged criminals. Nor do we believe the government should dictate what we can lawfully own and use to protect our families.

As I said earlier, we need to be honest about what works and what does not work. Proposals that would only serve to burden the law-abiding have failed in the past and will fail in the future.

Semi-automatic firearms have been around for over 100 years. They are among the most popular guns made for hunting, target shooting and self-defense. Despite this fact, Congress banned the manufacture and sale of hundreds of semi-automatic firearms and magazines from 1994 to 2004. Independent studies, including a study from the Clinton Justice Department, proved that ban had no impact on lowering crime.[5]

And when it comes to the issue of background checks, let’s be honest – background checks will never be “universal” – because criminals will never submit to them.

But there are things that can be done and we ask you to join with us. The NRA is made up of millions of Americans who support what works … the immediate protection for all – not just some – of our school children; swift, certain prosecution of criminals with guns; and fixing our broken mental health system.

We love our families and our country. We believe in our freedom. We’re the millions of Americans from all walks of life who take responsibility for our own safety and protection as a God-given, fundamental right.

Mr. Chairman and members of the Committee, I thank you for your time and consideration.

[1] Pre-1981 data from National Safety Council, Accident Facts (annual); 1981 forward from Centers for Disease Control and Prevention, available at http://www.cdc.gov/injury/wisqars/fatal_injury_reports.html.

[2] Gary Fields et al., NRA Calls for Arms in School, Wall Street Journal, Dec. 22, 2012, available at http://online.wsj.com/article/SB10001424127887324461604578193364201364432.html.

[3] Calculated from U.S. Department of Justice data available through Transactional Records Access Clearinghouse, http://tracfed.syr.edu.

[4] Ronald J. Frandsen, Enforcement of the Brady Act, 2010: Federal and State Investigations and Prosecutions of Firearm Applicants Denied by a NICS Check in 2010 , available at https://www.ncjrs.gov/pdffiles1/bjs/grants/239272.pdf.

[5] Jeffrey A. Roth & Christopher S. Koper, “Impact Evaluation of the Public Safety and Recreational Firearms Use Protection Act of 1994, (1997), available at http://www.sas.upenn.edu/jerrylee/research/aw_ban.htm.

Firearms Legislation Introduced This Week In Congress

Three more bills affecting gun rights and shooting opportunities have been introduced since Monday. Two are anti-gun and come from well-known gun prohibitionists and the third is a bill that would protect hunting, shooting, and fishing on public lands. It is interesting to note that on Carolyn McCarthy’s HR 437 that 70% of the co-sponsors come from states that severely restrict gun rights.

HR.437 – Rep. Carolyn McCarthy (D-NY)
Co-Sponsors:
Rep Bishop, Timothy H. [DNY-1] – 1/29/2013
Rep Blumenauer, Earl [D-OR-3] – 1/29/2013
Rep Brady, Robert A. [D-PA-1] – 1/29/2013
Rep Carney, John C., Jr. [D-DE] – 1/29/2013
Rep Cartwright, Matt [D-PA-17] – 1/29/2013
Rep Cicilline, David N. [D-RI-1] – 1/29/2013
Rep Cohen, Steve [D-TN-9] – 1/29/2013
Rep Conyers, John, Jr. [D-MI-13] – 1/29/2013
Rep DeGette, Diana [D-CO-1] – 1/29/2013
Rep DeLauro, Rosa L. [D-CT-3] – 1/29/2013
Rep Deutch, Theodore E. [D-FL-21] – 1/29/2013
Rep Eshoo, Anna G. [D-CA-18] – 1/29/2013
Rep Esty, Elizabeth H. [D-CT-5] – 1/29/2013
Rep Frankel, Lois [D-FL-22] – 1/29/2013
Rep Grijalva, Raul M. [D-AZ-3] – 1/29/2013
Rep Hahn, Janice [D-CA-44] – 1/29/2013
Rep Himes, James A. [D-CT-4] – 1/29/2013
Rep Holt, Rush [D-NJ-12] – 1/29/2013
Rep Huffman, Jared [D-CA-2] – 1/29/2013
Rep Jackson Lee, Sheila [D-TX-18] – 1/29/2013
Rep Larson, John B. [D-CT-1] – 1/29/2013
Rep Levin, Sander M. [D-MI-9] – 1/29/2013
Rep Lofgren, Zoe [D-CA-19] – 1/29/2013
Rep Lowenthal, Alan S. [D-CA-47] – 1/29/2013
Rep Lowey, Nita M. [D-NY-17] – 1/29/2013
Rep Maloney, Carolyn B. [D-NY-12] – 1/29/2013
Rep Matsui, Doris O. [D-CA-6] – 1/29/2013
Rep McCollum, Betty [D-MN-4] – 1/29/2013
Rep McGovern, James P. [D-MA-2] – 1/29/2013
Rep Meeks, Gregory W. [D-NY-5] – 1/29/2013
Rep Meng, Grace [D-NY-6] – 1/29/2013
Rep Miller, George [D-CA-11] – 1/29/2013
Rep Moran, James P. [D-VA-8] – 1/29/2013
Rep Nadler, Jerrold [D-NY-10] – 1/29/2013
Rep Pallone, Frank, Jr. [D-NJ-6] – 1/29/2013
Rep Pascrell, Bill, Jr. [D-NJ-9] – 1/29/2013
Rep Perlmutter, Ed [D-CO-7] – 1/29/2013
Rep Quigley, Mike [D-IL-5] – 1/29/2013
Rep Schakowsky, Janice D. [D-IL-9] – 1/29/2013
Rep Schiff, Adam B. [D-CA-28] – 1/29/2013
Rep Scott, Robert C. “Bobby” [D-VA-3] – 1/29/2013
Rep Serrano, Jose E. [D-NY-15] – 1/29/2013
Rep Sherman, Brad [D-CA-30] – 1/29/2013
Rep Sires, Albio [D-NJ-8] – 1/29/2013
Rep Slaughter, Louise McIntosh [D-NY-25] – 1/29/2013
Rep Speier, Jackie [D-CA-14] – 1/29/2013
Rep Swalwell, Eric [D-CA-15] – 1/29/2013
Rep Takano, Mark [D-CA-41] – 1/29/2013
Rep Tierney, John F. [D-MA-6] – 1/29/2013
Rep Tsongas, Niki [D-MA-3] – 1/29/2013
Rep Van Hollen, Chris [D-MD-8] – 1/29/2013
To regulate assault weapons, to ensure that the right to keep and bear arms is not unlimited, and for other purposes.
Referred to the House Judiciary Committee
(Since the text hasn’t been received yet, I am presuming that this bill is the House version of Feinstein’s S.150 – Assault Weapons Ban of 2013)

S.170 – Sen. Lisa Murkowski (R-AK)
Co-Sponsor:
Sen. Joe Manchin (D-WV)
– 1/29/2013
A bill to recognize the heritage of recreational fishing, hunting, and
recreational shooting on Federal public land and ensure continued
opportunities for those activities. 


Referred to the Senate Committee on Energy and Natural Resources

S.174 – Sen. Richard Blumenthal (D-CT)
Co-Sponsors:
Sen Lautenberg, Frank R. [D-NJ] – 1/29/2013
Sen Murphy, Christopher S. [D-CT] – 1/29/2013
A bill to appropriately restrict sales of ammunition. 
 Referred to Senate Judiciary Committee.

Bitter’s Live Blog Of The Senate Hearing

I have been occupied with other things today so I haven’t been able to watch the Senate Judiciary Committee hearing on “What Should America Do About Gun Violence?

Fortunately, Bitter at Shall Not Be Questioned has been live blogging this hearing. I suggest going there to read it.

UPDATE: Links for the prepared testimony of the participants in the hearing (other than Wayne LaPierre) are below:

 Mark Kelly

Chief James Johnson

David Kopel

Gayle Trotter

We Need To Clone Jessie Duff

Champion shooter Jessie Duff appeared on Fox New’s Justice with Judge Jeanine speaking about firearms and the Second Amendment. She was poised, she was confident, she knew her stuff, and she looked fantastic. It is an image that needs to repeated over and over to break the barely articulate, old overweight white guy in camo stereotype that the media and the enemies of gun rights wishes to perpetuate.

Judge Jeanine Pirro served first as a county judge and then as the District Attorney of Westchester County, NY for 12 years. She lost the race for Attorney General of NY to current Gov. Andrew Cuomo in 2006.

Paul Erhardt, writing in today’s The Shooting Wire, points out the value of a Jessie Duff and how well she had done.

One bright spot in recent days has been by Jessie Duff, the Taurus sponsored national champion shooter who hosts her own show (along with husband Matt) on the Outdoor Channel. She appeared on Fox News Channel three times in the last week to 10 days and has done an excellent job.

Putting Jessie out front on the gun issue is a great move and there are a few more women from the competition world that could, and should be, utilized the same way.

However, imagine how much more effective Jessie and other women shooters would be if the industry invested in them well before all this with media training and messaging – assuming there was an actual message. We might be in a slightly better position.

 Erhardt is right. We need to be better at getting our message out and we need to be better prepared.