GRNC Reports HB 562 May Be Weakened On The Floor (UPDATE)

As I reported earlier, HB 562 is scheduled to be debated on the floor of the NC House of Representatives this evening. Grass Roots North Carolina sent out an alert late yesterday saying that Rep. Allen McNeill (R-Randolph) intends to offer a floor amendment that would remove the phased-in elimination of pistol purchase permits from the bill. As I read their alert, Rep. McNeill was one of the people responsible for the phase-in of the elimination as opposed to an outright elimination of it.

They are requesting people email and call the House Republicans to remind them just which group helped them get their super-majority. If the Republicans who are supposed to be our friends are so willing to sell us down the river, how could we do any worse with Democrats? At least then, instead of being stabbed in the back, it would be a face to face fight where you knew what was coming at you.

Paul Iadonisi at Arms are the Mark of a Freeman has been doing some research into prosecutions for selling a pistol in a private sale without a pistol purchase permit. He has not been able to find a single prosecution for selling a pistol without the permit.

But what was interesting is that, through a few phone calls to DAs and court clerks, it’s been discovered that selling a pistol in a private sale without a PPP (or a Concealed Handgun Permit, which suffices according to statute as well) isn’t something that is ever used in any prosecution. I.e.: it is never enforced and is likely ignored by most private sellers and buyers.

Technically, the seller is not even required to take possession of the PPP or ask to see the CHP. And even if you do, you can put it in the circular file or shred it and not be in violation of the law. And the way the law is written, even an FFL dealer is not required to take possession of the PPP, though you’d be hard pressed to find one that wouldn’t. Both the CHP and PPP are good for five years. And therein lies the problem for our sheriffs: they can issue a PPP and a year later, the recipient could commit a crime that makes him ‘prohibited person’. Yet he can go buy a gun without a background check *at an FFL*, because the NICS check was already done. There is a mechanism for the CHP to be revoked, but not the PPP.

One of the arguments that I heard from a gun owner was that he wanted to know the person to whom he was selling a handgun was not a criminal or someone who would misuse it. I think it is called commonsense. If you don’t know the person and you don’t have a good feeling about that person, then don’t sell it to them. It’s that simple.

UPDATE: Rep. Jacqueline Schaffer (R-Mecklenburg), the principal sponsor of HB 562, made a motion at approximately 7:20pm to have the bill removed back to the Rules Committee. She said there were still a lot of amendments and too many pieces still in motion.

Jackson v. San Francisco – Cert Denied

The Supreme Court denied a writ of certiorari for Jackson et al v. City and County of San Francisco. This case was an appeal from the 9th Circuit Court of Appeals which upheld a San Francisco law requiring handguns to be stored in a locked container or with a trigger lock if not on one’s person. This, on the face of it, was in conflict with the Supreme Court’s ruling in DC v. Heller.

Justice Thomas issued a dissent on the denial of certiorari with which Justice Scalia joined. His six page dissent examines why the lower courts’ ruling with regard to this case are in conflict, in his opinion, with Heller. He notes that “because Second Amendment rights are no less protected by our Constitution than other rights enumerated in that document, I would have granted this petition.”

Justice Thomas says the ruling of the Court of Appeals is “in serious tension with Heller.”  He concludes that the San Francisco law burdens the core right of self defense and it does so at a time when people are most vulnerable – at night and asleep – which is a “significant burden.” The 9th Circuit reasoned that this was not a “severe burden” justifying strict scrutiny because “a modern gun safe may be opened quickly.” Thomas disagrees.

But nothing in our
decision in Heller suggested that a law must rise to the
level of the absolute prohibition at issue in that case to
constitute a “substantial burden” on the core of the Second
Amendment right. And when a law burdens a constitutionally
protected right, we have generally required a
higher showing than the Court of Appeals demanded here
.

 Justice Thomas goes on to say:

The Court should have granted a writ of certiorari to
review this questionable decision and to reiterate that
courts may not engage in this sort of judicial assessment
as to the severity of a burden imposed on core Second
Amendment rights.

Finally, Justice Thomas takes issue with the Supreme Court’s refusal to review this decision in light of their “repeated willingness” to review splitless decisions involving alleged violations of other constitutional rights.

I realize that the Supreme Court gets many more appeals than it can reasonably hear. Nonetheless, I am in agreement with Justice Thomas that this is one in which certiorari should have been granted. That they didn’t even though a majority of the state attorneys general urged them to do so is inexplicable.

If You Don’t Have Grassroots, You Have To Buy Ads

Gabby Giffords and her Americans for Responsible Solutions (sic) have reportedly made a six-figure media buy for ads against HB 562. According to the Charlotte Observer, the ads are supposed to start running today. They feature former Wilson County Sheriff Wayne Gay.

“As a sheriff for 28 years, I fought to keep our communities safe,” Gay says in the new ad. “But right now, some in the legislature want to repeal background checks on handguns. This will make it easier for criminals and the mentally ill to get guns. … Tell the folks in Raleigh we need to keep background checks.”

The ad seen below parrots the misleading stats pushed by anti-gun Prof. Daniel Webster of Johns Hopkins University’s Bloomberg School of Public Health.

So now Gabby and her husband Mark Kelly (aka the Space Cowboy) feel the need to insert themselves into North Carolina politics just like Michael Bloomberg. I guess when you don’t really have grass roots and paid members, you have to resort to throwing money around for TV advertising.

As to former Sheriff Gay and those sheriffs who oppose HB 562, it is about power, control, and money. They don’t want to give up any power or control nor the money generated by pistol purchase permits. It never was about crime prevention when enacted and it isn’t about crime prevention now.

HB 562 Scheduled For House Floor On Monday Evening

HB 562 – the Second Amendment Affirmation Act – has finally been calendared for a vote by the whole North Carolina House of Representatives. The House convenes at 7pm on Monday and it is the first public bill on the calendar.

Grass Roots North Carolina is asking the bill’s supporters to contact the Gang of Three, House Republicans, and Gov. Pat McCrory (R-NC). Their alert is below. I would add that you should contact your own representative, Democrat or Republican, and express your support for the bill along with the elimination of the pistol purchase permit system. Even though many Democrats in the NC House have trended anti-gun, there are many who haven’t. You might be surprised by the result.

HB 562 barely clears committee as 3 Republicans vote to kill it: Bill on calendar for floor vote Monday night!
  
Thanks to the leadership of Speaker TIM MOORE (R-Cleveland, GRNC ****) and Rules Chair DAVID LEWIS (R-Harnett, ****), House Bill 562 passed in committee on Wednesday, and heads to the floor for a vote on Monday nightThat does not mean the bill is out of danger. In fact, even if the bill survives a floor vote, numerous REPUBLICANS will try to gut it by amending it to remove the purchase permit repeal and what little is left of the medical privacy language.
Republicans could sink HB 562
The bill cleared committee only after Rules Chairman Lewis voted to break a 13-13 tie – a tie which resulted only because Republicans LEO DAUGHTRY (R-Johnston), TED DAVIS (R-New Hanover) and JOHN FRALEY (R-Iredell) voted to kill the bill. We will henceforth refer to these RINOs as “The Gang of 3” and count on you to make an example of them.
Worse, there is significant opposition in the Republican caucus to the purchase permit repeal, with many Republicans listening to sheriffs who cling to the power to deny handgun purchases by anybody they arbitrarily decide is not of “good moral character.” Make no mistake: Some complain about the quality of data in the National Instant Check System, but this is all about power.
Thirteen citizens and representatives addressed the committee, with Michael Bloomberg’s “Moms” in large attendance. GRNC president Paul Valone and legislative director Jeff Rau both made comments widely carried by state and national media.

Heroes of the day
In addition to Speaker Moore and Chairman Lewis, thanks are due to Reps. JUSTIN BURR, JACQUELINE SCHAFFER, GEORGE CLEVELAND and JAY ADAMS, who spoke eloquently to defend the bill. In particular, Burr called NC Sheriffs’ Association representative Doug Miskew to the microphone to ask whether the association, which opposes the purchase permit repeal, had actually polled its members on the issue. Miskew’s answer was a dodge: “The sheriffs’ association opposes the repeal of the purchase permit law.”

Will McCrory join the gang?
Potentially joining “The Gang of Three,” a representative for Governor PAT McCRORY testified that the governor “opposes” the bill. One should note, however, that he stopped short of saying the governor would VETO the bill, unlike 2013 when the purchase permit was last considered. You need to deliver McCrory a message that the 2016 gubernatorial election is fast approaching, and he will not get your vote if he vetoes HB 562!
IMMEDIATE ACTION REQUIRED!
 
Vote is MONDAY: Act now!

· CONTACT NC HOUSE REPUBLICANS: Use the copy-and-paste list and message below to deliver a clear message that you sent them to Raleigh, and you can remove them if they vote against your interests.
 
· DELIVER A MESSAGE TO GOVERNOR McCRORY: Call him at (919) 814-2000 or use the copy/paste text under ‘Deliver This Message,’ and the web form you’ll find here(Or go to: http://www.governor.state.nc.us/contact/email-pat). You can also send him a Tweet: .@GrassRootsNC supporters: Will Gov @PatMcCroryNC live up to Conservative credentials & support #HB562, or will he join the anti-gun ‘Gang of Three?’
 
· LEAVE VOICEMAIL FOR ‘THE GANG OF THREE’: Politely let them know that they and others who “forget who ‘brung ‘em to the dance” by voting to kill or weaken HB 562 could face primaries in 2016.
CONTACT INFO
Contact Gov. McCrory: CALL at (919) 814-2000, email using the form HERE: http://www.governor.state.nc.us/contact/email-pat
Contact ‘Gang of Three’:
Ted Davis (R-New Hanover)
919-733-5786
ted.davis@ncleg.net
N. Leo Daughtry (R-Johnston)
919-733-5605
Leave a Facebook message HERE: https://www.facebook.com/pages/N-Leo-Daughtry/113801471963883?fref=ts
John Fraley (R-Iredell)
919-733-5741
john.fraley@ncleg.net
Contact House Republicans via copy/paste email list:
Dean.Arp@ncleg.netMarilyn.Avila@ncleg.netJohn.Bell@ncleg.net;Dan.Bishop@ncleg.netHugh.Blackwell@ncleg.netJohn.Blust@ncleg.net;Jamie.Boles@ncleg.netJohn.Bradford@ncleg.netBill.Brawley@ncleg.net;Mark.Brody@ncleg.netRayne.Brown@ncleg.netBrian.Brown@ncleg.net;Rob.Bryan@ncleg.netDana.Bumgardner@ncleg.netJustin.Burr@ncleg.net;Rick.Catlin@ncleg.netJeff.Collins@ncleg.netDebra.Conrad@ncleg.net;Leo.Daughtry@ncleg.netTed.Davis@ncleg.netJimmy.Dixon@ncleg.net;Josh.Dobson@ncleg.netNelson.Dollar@ncleg.netJeffrey.Elmore@ncleg.net;John.Faircloth@ncleg.netCarl.Ford@ncleg.netJohn.Fraley@ncleg.net;Mike.Hager@ncleg.netJon.Hardister@ncleg.netKelly.Hastings@ncleg.net;Bryan.Holloway@ncleg.netCraig.Horn@ncleg.netJulia.Howard@ncleg.net;Pat.Hurley@ncleg.netFrank.Iler@ncleg.netCharles.Jeter@ncleg.net;Linda.Johnson2@ncleg.netBert.Jones@ncleg.netJonathan.Jordan@ncleg.net;Donny.Lambeth@ncleg.netJames.Langdon@ncleg.netChris.Malone@ncleg.net;Susan.Martin@ncleg.netPat.McElraft@ncleg.netAllen.McNeill@ncleg.net;Chris.Millis@ncleg.netGary.Pendleton@ncleg.netMichele.Presnell@ncleg.net;Dennis.Riddell@ncleg.netGeorge.Robinson@ncleg.netStephen.Ross@ncleg.net;Jason.Saine@ncleg.netMitchell.Setzer@ncleg.netPhil.Shepard@ncleg.netPaul.Stam@ncleg.netBob.Steinburg@ncleg.netSarah.Stevens@ncleg.net;John.Szoka@ncleg.netJohn.Torbett@ncleg.netRena.Turner@ncleg.net;Harry.Warren@ncleg.netSam.Watford@ncleg.netRoger.West@ncleg.net;Chris.Whitmire@ncleg.netLarry.Yarborough@ncleg.netLee.Zachary@ncleg.net;Chuck.McGrady@ncleg.netPaul.Tine@ncleg.net
DELIVER THIS MESSAGE
For House Republicans, suggested Subject: “Support HB562: Don’t sell out NC gun owners”
Dear Representative:
I am very disappointed that after working hard to give pro-freedom representatives control of the North Carolina Assembly that some have returned the favor by attacking Second Amendment rights.
Have Republicans forgotten who got them elected?
Particularly disappointing are actions of three republicans; Ted Davis, Leo Daughtry and John Fraley who almost killed HB562, the Second Amendment Affirmation Act. They appear to be listening to the handful of Sheriffs who control the North Carolina Sheriff’s Association (NCSA). Do these few politically-active Sheriffs really represent our 100 counties? Note that NCSA representatives dodged when asked if Sheriffs had been polled on the issue.   
This ‘Gang of Three’ have betrayed their constituents and are now paying a heavy price for their sell-out of the rights of North Carolinians. Do not risk sharing their fate.
Sincerely,
For Gov. McCrory, suggested Subject: “Support HB562: Don’t sell out NC gun owners”

Dear Governor:
I am terribly disappointed to hear that you oppose HB562. I am writing to insist that you rethink your opposition to this pro-Second Amendment bill, and by doing so, live up to the Conservative credentials you had advertised on the campaign trail.
HB562 would prevent health care providers from unreasonably snooping on their patients, and expand concealed carry so that law-abiding permit holders can better protect their families. Perhaps most importantly, HB562 would put an end to the Jim Crow-era Pistol Purchase Permit system (PPP). The PPP system is a disconcerting heirloom, and it would be quite appropriate for a Republican governor to officially sign away this remnant of an embarrassing era.
If you are determined to work against the law-abiding gun owners of North Carolina by opposing HB562, I cannot imagine voting for you in the future. Conversely, I would be pleased to support a primary opponent, one who pledges to stand for the Bill of Rights, and someone who can be counted on to act on those pledges once in office.
I must insist that you live up to your campaign pledges to stand for gun rights, and support HB562. Failure to do so will certainly have political consequences. I will continue to monitor this issue through alerts from Grass Roots North Carolina.
Respectfully,

D-Day Plus 71 Years

As a child of the 60s and 70s, it is hard for me to comprehend that D-Day occurred 71 years ago today. My father and the fathers of many of my school mates had served in WWII. The war was not some distant memory.

I came across Gen. Eisenhower’s handwritten speech to be used if the Normandy invasion failed. What struck me about it is how he was willing to take the blame if the invasion failed. By contrast, I think about modern day politicians at the highest levels and see how few of them are really willing to take the blame. “Under the bus” seems to be their motto.

If you have trouble reading cursive, you can read the message here along with a story about its background.

The Christian Science Monitor has a 25 question quiz about the D-Day invasion. It isn’t easy.

“Possession Of Penetrating Bullets” – Only In New Jersey

My friend Frank Fiamingo highlighted this story about a middle school student who brought a 9mm Glock to school in Maplewood, New Jersey. What makes this story interesting is not that the kid brought a gun to school but what he was charged with.

The student, whose name has not been released due to his status as a juvenile, now stands charged with possession of a weapon on school property, possession of a weapon for unlawful purposes, and possession of penetrating bullets, authorities said.

Penetrating bullets? Isn’t that the whole point? Are police in New Jersey the only ones allowed to have ammunition that penetrates the bodies of miscreants? I don’t know about you but I want penetrating bullets!*

*I am presuming that what they meant to charge him with is possession of hollow-point bullets. The New Jersey criminal code section 2C:39-3.f does outlaw both hollow points and handgun bullets that are capable of penetrating body armor.

And They Call Themselves Friends Of Gun Owners…

As Matt Caulder of the NC Capitol Connection reports, HB 562 just barely squeaked through the House Rules Committee.

A vote in the House Rules Committee came down to a tie Wednesday morning after nearly two hours of debate and comment on an omnibus gun rights bill set to advance freedoms for legal firearm owners while cracking down on criminal possession of firearms.

The 13-13 tie was broken by Committee Chairman David Lewis (R-Harnett) in favor of the bill, which will now head to the House floor for debate.

A vote is expected on the bill Thursday on the House floor.

He goes on to report that the testimony was evenly split between those in favor of the bill and those opposed. In an email to me, he said there were representatives from Everytown Moms for Illegal Mayors, the Brady affiliate NC Against Gun Violence (sic), the NC Sheriffs Association, and the NC School Boards Association who spoke against the bill In addition, there were some individuals who didn’t represent groups but did claim membership in NCAGV.

Matt was kind enough to send me the breakdown of the vote in the committee by member. What should have been an easy win was made more difficult due to some Republicans. I expected “nay” votes from the Democrats. What I didn’t expect was for Republicans Leo Daughtry, Ted Davis, and John Fraley to spit on gun owners like they did. Gun owners did yeoman’s work in providing the Republicans their super-majority in both houses of the General Assembly. We didn’t vote for them to go all wobbly when the Demanding Mommies and the Sheriffs Association said “boo.”

The vote breakdown is below:

Committee Leadership
Rep. Lewis (R-Harnett) – aye, tie breaker
Rep. Torbett (R-Gaston) – aye
Rep. Stam (R-Wake) – aye

Rep. Davis (R-New Hanover) – nay
Rep. Daughtry (R-Johnston) – nay

Committee Members
Rep. J. Bell (R-Wayne) – aye
Rep. Blust (R-Guilford) – aye
Rep. Boles (R-Moore) – aye
Rep. Bumgardner (R-Gaston) – aye
Rep. Burr (R-Stanly) – aye
Rep. Carney (D-Mecklenburg) – nay
Rep. Cotham (D-Mecklenburg) – nay
Rep. Floyd (D-Cumberland) – nay

Rep. Fraley (R-Iredell) – nay

Rep. Goodman (D-Hoke) – nay
Rep. L. Hall (D-Durham) – nay
Rep. Hanes (D-Forsyth) – nay
Rep. Hastings (R-Gaston) – aye
Rep. Jackson (D-Wake) – nay
Rep. L. Johnson (R-Cabarrus) – aye
Rep. Reives (D-Chatham) – nay
Rep. Robinson (R-Caldwell) – aye
Rep. Saine (R-Saine) – aye
Rep. Schaffer (R-Mecklenburg) – aye
Rep. Szoka (R-Cumberland) – aye
Rep. Tine (U-Beaufort) – nay
Rep. Wray (D-Halifax) – nay

What makes this worse is that all three Republicans serve in some leadership capacity. Davis and Daughtry are vice-chairs of the Rules Committee and Fraley is the Majority Freshman Leader. If I were one of their constituents, I’d be giving them a piece of my mind. Their contact info is below.

Ted Davis (R-New Hanover)
919-733-5786
ted.davis@ncleg.net

N. Leo Daughtry (R-Johnston)
919-733-5605
leo.daughtry@ncleg.net

John Fraley (R-Iredell)
919-733-5741
john.fraley@ncleg.net

I wish the House Republicans including those above were less concerned with same-sex marriage and waiting periods for abortions and more with facilitating an enumerated Constitution right.

UPDATE:  Checking the NRA’s Political Victory Fund site for 2014, I find that Davis, Daughtry, and Fraley were all endorsed by the NRA. Davis and Daughtry were rated A and Fraley, as a non-incumbent, was rated AQ.  Davis and Daughtry were also rated as 4-star by GRNC while Fraley got 3 stars.

HB 562 Is Reported Out Of Rules Committee And I’m Not Happy

The devil is in the details as they say. Yesterday, the NC House’s Rules Committee reported out a committee substitute version of HB 563, the Second Amendment Affirmation Act, and I’m not exactly happy. Yes, there are good things in the bill and yes, it goes to the floor of the House. However, the way the Rules Committee has so mangled up the elimination of the pistol purchase permit irks me to no end.

Section 18 of the revised bill states in part:

Subsections (a) and (b) of Section 10 of this act
become effective October 1, 2021, and apply to offenses committed on or after that date.
Subsection (c) of Section 10 of this act becomes effective October 1, 2018, and applies to
offenses committed on or after that date. Subsection (d) of Section 10 of this act becomes
effective December 1, 2015, and applies to offenses committed on or after that date.

As I said, the devils in the details. What this means is that the pistol purchase permit system is eliminated in its entirety effective October 1, 2021 as Section 10 (a) and (b) refer to those parts of the General Statutes controlling permits. However, if you purchase a pistol from an FFL after October 1, 2018, a permit won’t be needed if they run a NICS check.

The original substitute bill that I saw earlier this week would have set that date at December 1, 2015. What this means is that the Rules Committee and the House Republicans have again kow-towed to the North Carolina Sheriffs Association. If this provision remains in the bill and the bills passes into law, the sheriffs will continue to get their $5 per permit for another three years.

What makes this more egregious is that Bloomberg and his Demanding Mommies in their Felon Orange Tee’s will claim this as a victory for gun control. This when most Republican House members don’t give a large rodent’s behind for them but will bend over backwards to the NCSA.

The changes in Section 10 (d) are actually good and timely. It provides standardization of the forms and process. The “good moral character” provision limits the evaluation of conduct to the last five years. Finally, it allows for appeals that can go up as far as the Court of Appeals. Previously, appeals stopped at District Court.

The arguments put forth by the sheriffs and the NCSA that they know the people in their county and know who is a potential problem are ridiculous. To think that is superior to a NICS check for a new purchase is a joke. The way the sheriffs are clinging to this Jim Crow inspired law is appalling. That some of the bitterest clingers are African-Americans is just even more appalling.

If we can’t do away with the law, I say return it to the Clerks of Court where it was originally. Heaven knows they are better record keepers than any sheriff’s department in the state and most likely much less biased.

“An Act to Regulate the Sale of Concealed Weapons in North Carolina” – Part II

In any discussion of the 1919 act regulating the purchase of certain weapons in North Carolina, you have to go back to the state of politics as they existed in the 1890s. Post-Reconstruction, the Democrats had regained power in the state from the Republicans. However, this dominance was threatened in the 1890s by the rise of what was called Fusion politics. The Republicans and the Populist Party in North Carolina, while they differed on a national agenda, agreed on many items including education, voting rights, and the restoration of the charter of the Farmer’s Alliance which the Democrat-controlled General Assembly had revoked.

The guiding principle behind the fusion of the Republicans and the Populists was that they would agree to support the stronger candidate in each race against the Democrat’s candidate. Sometimes this would be the Populist and sometimes this would be the Republican. The elections of 1894 showed the success of the fusion approach. The Fusionists gained six US House seats from the Democrats; two for the Republicans and four for the Populists. They also elected both US Senators and took a super-majority in both house of the NC General Assembly. They repeated this success in the elections of 1896 where they widened their lead in the General Assembly, picked up another US House seat, and Republican Daniel Russell was elected governor. The General Assembly that convened in 1895 had five African-Americans as members and it loosened voting restrictions on blacks. As a result, voting participation of African-Americans increased significantly.

The Democrats had to come up with a strategy to overcome the successful fusion between the Populists and Republicans. They turned to New Bern attorney Furnifold M. Simmons who was appointed chairman of the NC Democratic Party. Simmons organized local party organizations in each county as well as a speaker’s bureau of orators such as South Carolina’s infamous Pitchfork Ben Tillman. The overriding strategy was based upon one thing: white supremacy.

The “white supremacy campaign” was exactly that. The Democrats repeatedly stated that only white men were fit to hold political office. They often accused the fusionists, especially the Republicans, of supporting “negro domination” in the state. Indeed, there were a large number of African American officeholders, some of whom had been elected and many more who were appointed to office. The Democrats referred to themselves as the “white man’s party” and appealed to white North Carolinians to restore them to power.

One of the most significant events of the campaign was the appearance of an editorial in the Wilmington Daily Record on August 18, 1898. The Daily Record was an African American newspaper published by Alex Manly. The editorial was a response to a speech by a Georgia woman who had called for the widespread lynching of African American men in order to protect white women. The Daily Record suggested that consensual relationships between African American men and white women were common and that often the man was accused of rape only after the relationship was discovered. Once the Democratic papers got hold of the editorial there was an uproar. Under headings such as “Vile and Villainous” and “A Horrid Slander,” the editorial was reprinted throughout the state. Some Democratic papers continued to run it in almost every single issue up to election day.

Not only was the election of 1898 built around white supremacy, it featured the intimidation of black voters by the neo-Fascist Red Shirts at the behest of Simmons as well as an actual coup d’etat after the election in Wilmington. Josephus Daniels, publisher of the News and Observer and an ardent white supremacist, said of Simmons that he was “a genius in putting everybody to
work—men who could write, men who could speak, and men who could ride—the last by no means the least important.” (As an aside, the News and Observer is editorializing in favor of keeping Jim Crow laws from that era.)

The role of newspapers such as the N&O, the Charlotte Observer, the Wilmington Morning Star, and the Wilmington Messenger cannot be understated. While their current staff and readership would be appalled by the overtly racist messages they published, they were the essential propaganda arm of the Democratic Party in North Carolina. In an era before the advent of TV and radio, the newspapers were the media. They conveyed the message to their readers through both editorials and through cartoons aimed at the less literate. Norman Jennett’s cartoons for the N&O ran above the fold and were praised by Democrats as “one of the powers that brought about the revolution.” Many of them can be found here.

On the eve of the 1898 election, Simmons wrote an editorial that laid out the reasons to vote for the Democrats and at its heart was the cause of white supremacy. It appeared on the front page of Daniels’ N&O on November 3rd.

Then came the evidence, disclosing the actual condition of affairs, in that section of the State, which astonished and shocked the consciences and moral sensibilities of the people.

NEGRO CONGRESSMEN, NEGRO SOLICITORS, NEGRO REVENUE OFFICERS, NEGRO COLLECTORS OF CUSTOMS, NEGROES in charge of white institutions, NEGROES in charge of white schools, NEGROES holding inquests over the white dead, NEGROES controlling the finances of great cities, NEGROES in control of the sanitation and police of cities, NEGRO CONSTABLES arresting white women and white men, NEGRO MAGISTRATES trying white women and white men, white convicts chained to NEGRO CONVICTS and forced to social equality with them, until the proofs rose up, and stood forth “like Pelion on Ossa piled.”….

The battle has been fought, the victory is within our reach. North Carolina is a WHITE MAN’S State, and WHITE MEN will rule it, and they will crush the party of negro domination beneath a majority so overwhelming that no other party will ever again dare to attempt to establish negro rule here.

They CANNOT intimidate us; they CANNOT buy us, and they SHALL NOT cheat us out of the fruits of our victory.

And victory was what the Democrats got in 1898. They gained back five seats in Congress from the Populists and Republicans and a super majority in the General Assembly (2 Populists and a smattering of mountain Republicans remained). While the fusionists won in Wilmington, then the state’s largest city, that lasted all of two days until white supremacists rioted and took over the city council from the elected representatives in what became known as the Wilmington Massacre.

They consolidated their gains in 1900 with the election of Democrat Charles B. Aycock as governor, the appointment of Simmons as US Senator, and a constitutional amendment that imposed both a poll tax and a literacy test. The amendment contained a grandfather clause enabling anyone whose ancestors were eligible to vote prior to 1867 to vote. Voter turnout dropped from around 85% in 1896 to less than 50% thereafter. A Republican would not be governor of North Carolina again until 1972 and a Republican majority in either house of the General Assembly until 2010.

Not only had the Democrats cemented their power but so had Furnifold Simmons. He would serve in the US Senate for 30 years and would use the power of patronage to maintain his control. Only once in the succeeding years was his candidate defeated for governor in the Democratic primary and then he worked to destroy the man. His organization wrote journalist W. J. Cash reached to “the headwaters of every Little Buffalo and Sandy Run in North Carolina; into every alley of every factory town.” The Democratic Party controlled a segregationist North Carolina and the Simmons Machine controlled the Democratic Party.

Part III will cover the passage of the act through the General Assembly in 1919 with the primary sponsor being none other than Simmons’ brother-in-law Sen. Earle A. Humphrey (D-Goldsboro).

Jim Crow Law Lives Until 2021

According to WRAL Raleigh, HB 562 – the Second Amendment Affirmation Act – was postponed for consideration until Wednesday. The House Rules Committee will vote on a committee substitute at 9am tomorrow. A summary of the committee summary can be found here and the actual text here. It does include the elimination of the pistol purchase permit but not until 2021. Dealers, however, would be allowed to sell handguns without a pistol purchase permit if they ran a NICS check on the person.

Come 2021, North Carolina residents would no longer need a permit when buying handguns under a redrafted omnibus firearms bill that circulated among members of the General Assembly Tuesday night.

The House Rules Committee is scheduled to vet the new version of HB 562 at 9 a.m. Wednesday. According to a summary of the bill provided to committee members, the measure still contains measures related to how doctors ask patients about firearms in their homes, although the language is loser than earlier versions of the bill.

Advocates for and against the measure were at the state Capitol on Tuesday. The lobbying group Moms Demand Action pressured lawmakers to turn back the bill, focusing particularly on the pistol permit provision. Meanwhile, the pro-gun lobbying group Grass Roots North Carolina pressured lawmakers to pass the bill.

The most scrutiny has focused on a provision that would repeal North Carolina’s pistol purchase permit system. As originally drafted, the bill would have ended the state’s pistol permit system in 2018. The measure up for consideration Wednesday morning would extend the system’s life until 2021.

Sen. Furnifold Simmons and early N&O owner Josephus Daniels are probably laughing from the grave over this turn of events. They were the architects of the racist white supremacy policies of the North Carolina Democratic Party. The co-sponsor of the Senate bill that eventually became law was none other than Simmons’ former brother-in-law Sen. Earle A. Humphrey (D-Goldsboro).  Simmons’ dominance of North Carolina politics in that era was so far reaching that it was referred to as the Simmons Machine just like Richard Daley’s dominance of Chicago politics was called the Daley Machine.