A Win For Concealed Carry In Forsyth County, NC

The Forsyth County (NC) Commissioners voted 4 to 2 to allow concealed carry in all areas of county parks in the county. Unlike the City of Winston-Salem which is located within Forsyth County, the commissioners seem to have listened to their constituents.

From GRNC:

The approved ordinance not only allows concealed carry in all parks, recreational facilities, trails, greenways, etc., but also adds a provision for keeping one’s gun locked in a vehicle in ANY county property – meaning county properties beyond parks.

The only exceptions to allowing concealed carry in parks are Tanglewood (where alcohol may be sold and consumed) and Triad, which is partially controlled by less-enlightened Guilford County.

Kudos to commissioners Debra Conrad, Richard V. Linville and Gloria D. Whisenhunt for their favorable votes. Particular thanks are extended to commissioner Bill Whiteheart who worked with pro-carry advocates in drafting this excellent ordinance.

Negative votes were cast by Walter Marshall and Everette Witherspoon.

Not content with crossing only the Second Amendment, Marshall seemed also to go after the Fourth by suggesting law-enforcement should be posted in parks to determine if concealed carriers are “good intentioned”. Invoking the now tired contention of permittees “losing it,” Witherspoon expressed concern about basketball games getting heated and violent. David R. Plyler previously spoke against park carry, but did not attend the meeting to vote.

Gun-owners are cautioned that this ordinance must now pass a second reading before it is enacted. The pressure needs to continue until final passage!

 And from news reports in the Winston-Salem Journal:

Several people in the audience spoke in favor of the concealed-carry ordinance. No one spoke against it.

Brian Reese, who lives in Kernersville, said it upset him that some feel that “no matter how good you are, no matter how law-abiding you are, we do not trust you to carry a concealed weapon.”

The ordinance would allow people with the proper permit to carry concealed handguns in parks. People also would be able keep concealed handguns in their cars parked in county parking areas, as long as the guns were securely locked away.

Grass Roots North Carolina Refutes The NY Times Hit Piece On NC CHP Holders

Michael Luo of the New York Times wrote an article that claimed more than 2,400 people holding Concealed Handgun Permits from the State of North Carolina had criminal convictions. He says he came up with this number by comparing the names on the state’s database of CHP holders with criminal records.

Sean Sorrentino of An NC Gun Blog started an email dialog with Luo. If you have been reading Sean’s blog for any amount of time, you know he has been tracking the growth of concealed handgun permits in North Carolina and he has been following the background of those arrested for criminal misuse of firearms. As such, he has as good a feel for this as anyone and Luo’s article struck him as wrong. So he contacted Luo and asked for the data.

After much back and forth, Luo told Sean he’d give the data to either a legislator or to NC law enforcement officials. This was the opening Sean was looking for and he contacted Paul Valone of GRNC seeking a friendly legislator to call Luo’s bluff. The bluff was called with the result you’d expect.

So what do you say to an author who refuses a State legislator the data needed to do his job? When that legislator asked for the data, with a mind to crafting new and better legislation along with demanding answers from the State Bureau of Investigation, Luo refused.

Paul Valone, President of GRNC, has now responded to Luo’s accusations with a point by point rebuttal. Somehow I doubt the “paper of making it up” as SayUncle calls it will respond. They are good about making claims about gun owners but not so good about making corrections.

You Don’t Interrupt A Guy Eating His Smothered And Covered Hashbrowns

Waffle House is a chain of diners across the South and into middle America. They are famous for their hashbrowns especially when they are smothered and covered. That is hashbrowns with sauteed onions and melted cheese.

In Chesnee, South Carolina, two armed robbers made the mistake of robbing the wrong Waffle House this morning. As a result of their decision, one of them is dead and the other is on the run.

It was only after the armed robbers started to make moves to herd the customers and staff to the backroom that a person who was legally carrying concealed made his move. As Spartanburg County Sheriff Chuck Wright noted, the man feared for his life and only then pulled out his firearm.

Sheriff Chuck Wright said the CWP training the man had came into play in this situation.

“All the witnesses said it wasn’t his first reaction to grab the gun and start shooting and he tried to make him stop,” said Wright.

Wright said you are told to do all you can to avoid shooting something.

“You are trained when to shoot and when not to shoot and what you can and cant do. You learn where you can and can’t carry a gun and this gentleman followed the law,” said Wright.

The CWP holder will not be charged and his name is not being released. The Sheriff’s Office says no customers or employees were injured during the incident.

Sheriff Chuck Wright is the same lawman who urged women in South Carolina to get their SC concealed weapons permit in 2011. He did this in response to an attempted rape in his county by a man who had been in and out of jail 20 times.

UPDATE: Paul Valone, President of Grass Roots North Carolina, is using this example combined with two fatal shootings of restaurant employees during robberies in Charlotte, NC to push the North Carolina State Senate to move on HB 111. That bill would allow concealed carry (but not drinking) in restaurants and eating establishments that serve alcohol. An alert similar to his Charlotte Gun Rights Examiner column went out yesterday.

Canton PD Officer Who Threatened CCW Holder Fired

Officer Daniel Harless, the Canton, Ohio police officer who threatened to kill a CCW permit holder during a stop as seen in the video below, was fired yesterday by the City of Canton.

As reported in the Canton Repository:

Bill Adams, president of the Canton Police Patrolmen’s Association, the union that represents Patrolman Daniel Harless, confirmed that city Safety Director Thomas Ream ruled that Harless is no longer a member of the city’s police force.

Ream issued a three-page ruling dated Tuesday.

“It is quite clear that (Harless’) actions represented a pattern of behavior where inappropriate verbal abuse and threats of death or great bodily harm of the various complainants occurred,” Ream wrote.

“This escalating pattern of potentially dangerous behavior cannot be justified or excused and clearly illustrates the seriousness of the departmental infractions.”

The story goes on to say that Harless would appeal his dismissal and that he has had undiagnosed PTSD for the last 8 years after an incident where his finger was bitten severely by a suspect.

The Canton Police Patrolmen’s Association, the union representing Harless, has asked for an extension of his hearing due to the PTSD. While not explicitly stated, the story implies that they are standing foursquare behind him in his appeal and many other officers have donated sick leave to Harless while he was on suspension prior to his termination.

Tolerance of bad actors like Harless entrusted with the public’s safety by police unions and fellow officers diminishes the public’s respect for all officers. Rather than propping him up, they should be pushing to get someone so obviously unstable off the force and into treatment (if really needed). Officers like Harless need to be out of law enforcement for everyone’s good. As Thirdpower notes about Harless’s PTSD:

He threatens a citizen w/ death and the union is still acting the apologist for him. Sad. If his PTSD is this severe, he is a threat to himself and others and should be institutionalized thereby making him a prohibited person.

I am reminded of the Honor Code at West Point which states “A cadet will not lie, cheat, steal, or tolerate those who do.” The point of that Code is that you are just as guilty of lying, cheating, or stealing if you know about it and do nothing. Likewise, in this case, tolerating someone who abuses their authority is just as bad as abusing that authority yourself.

UPDATE: Sebastian at Shall Not Be Questioned speculates that the City of Canton terminated Harless to protect themselves against a potential lawsuit.

I wish I could say this is a case of a town doing the right thing, but I suspect the primary reason is that Daniel Harless was a walking potential 1983 suit just waiting to happen, and I would point out that 1983 allows one to sue all the way up the chain of command.

A Section 1983 suit is for the violation of a person’s civil rights by someone acting under State authority and traces back to the Civil Rights Act of 1871.

Another South Carolina Sheriff Gets It

Chesterfield County Sheriff Sam Parker gets it. In response to a brutal rape and murder of a local woman, Sheriff Parker is encouraging women to get their South Carolina Concealed Weapons Permit (CWP).

“Get you a CWP permit. To be honest with you, there is no just no reason to unlock doors, no reason to give anyone the opportunity to hurt you.”

I think this range is doing a great service by holding a Ladies Night to introduce women to firearms. I wish more ranges would do it.

Now In The Land Of Lincoln

When we crossed the Ohio River from Paducah, KY to Metropolis, Illinois this afternoon, I had to unload my Ruger LCR and lock it away. Unlike in the antebellum days when crossing the Ohio River meant going from a slave state to a free state, it has now been metaphorically reversed. We went from a free state to one that views personal freedom as an anathema.

I must say I felt a little naked driving with no self-protection.

One of these days, the people of Illinois will have the same freedoms as the rest of the 49 states. Until then, I will need to increase my level of situational awareness.

Raleigh – Just Like Any Other North Carolina City But Better

The City of Raleigh wants to be treated differently than any other city in the state when it comes to following the state law that now allows concealed carry in municipal and county parks. While they have passed an ordinance that puts them in conformance with state law on this issue, the City Council in its arrogance has instructed the City Attorney to work to get them exempted from it.

The Raleigh City Council today adopted an ordinance that members hope will be short lived. The vote brings the City Code into compliance with North Carolina State Enabling Laws.

The newly adopted State law that went into effect Dec. 1, allows the carrying of concealed weapons essentially everywhere, with the exceptions of some City-owned parks and recreational facilities. The City Council has asked the City Attorney’s Office to pursue an exemption for Raleigh during the General Assembly’s short session.“While the City Council will comply with the new law, the Council members unanimously believe it is bad policy and are seeking to change the law at the first opportunity,” said City Attorney Thomas McCormick.

It states:

“It shall be unlawful for any person to openly carry or possess on or about his person any deadly weapon including but not limited to any: bowie knife, dirk, dagger, sling-shot, loaded cane, metal knuckles, razor, stun gun, pistol, revolver, gun, rifle, or nightstick at any meeting, assemblage, or parade on any property, street, alley or other public way, park or greenway. It shall be unlawful for any person to possess or carry a legally permitted concealed handgun on or at any City-owned playground, athletic field, swimming pool, or athletic facility as defined in G.S. 14-415.23”

While the City of Raleigh played it fairly straight on their ordinance unlike the City of Winston-Salem, it is the height of arrogance to expect that they will be exempted from a law that applies to every other city and county in the state of North Carolina. I fully expect the North Carolina General Assembly to tell Raleigh they can just forget it. Or since Wake County has seen such a large in-migration of people from certain Northeastern states, to fuhgeddaboudit.

H/T Jonathan

Kudos To The Hickory (NC) City Council

Last night the Hickory City Council was presented with two proposals regarding concealed carry in its parks. From the official agenda:

Ordinance Amending Hickory City Code Chapter 21, Section 21-13, “Use of
Weapons” Regarding Firearms in City Parks (Exhibit XIII.A.1.)

A new state law passed in the last General Assembly Session will require the
City of Hickory to amend its ordinance which bans firearms in city parks. Session
Law 2011-268, which became effective December 1, 2011, amends Article 14,
Chapter 14 of the General Statutes which pertains to various laws regarding the
right to own, possess, or carry a firearm in North Carolina. Staff presented two
concealed handgun permit ordinance options to the Parks and Recreation
Commission at their November 8, 2011 meeting. The first ordinance, which Staff
recommended to be endorsed by the Parks and Recreation Commission,
prohibits concealed handguns in certain specified park areas.
The second
ordinance simply complies with state law and allows concealed handguns in all
park areas. Six (6) Commission Members voted to endorse and recommend to
City Council the first ordinance option. Four (4) Commission Members voted to
endorse and recommend to City Council, the second ordinance option. Staff
recommends approval of the local ordinance which prohibits concealed
handguns in certain park areas.

While normally city councils give great weight to the recommendations of their staff and usually go along with them, last night the Hickory City Council listened to its constituents and voted for the second ordinance which simply complies with state law and allows concealed handguns in all park areas. They approved concealed carry in parks by a 6-1 vote.

According to reports in the Hickory Record, the overwhelming consensus of those who spoke on the ordinances last night was in favor of unrestricted concealed carry. When asked by Mayor Rudy Wright for a show of hands, 40 people were in favor of unrestricted concealed carry while only 2 in the audience were in favor of restrictions.

Council member Jill Patton “personally opposes firearms. I don’t like what concealed carry says about our society.” But Patton said she respects the wishes of her constituents, and a clear majority of responses she had about Tuesday’s public hearing favored no restrictions on concealed carry permittees.

Hank Guess, a council member who once was a conceal carry permit instructor, said the statistics cited by proponents for Option Two are valid. Council member Sally Fox said she is opposed to firearms in city parks and Hickory does not have a big problem with crime in the parks.

“I feel no safer if someone else is carrying a gun,” she said. Fox was the lone dissenting vote in the motion to conform Hickory’s firearms ordinance with the state law on parks.

It is good to see council members who are personally opposed to firearms like Jill Patton actually listen to their constituents. As I said in the headline, kudos to the Hickory City Council. Hopefully more North Carolina cities will look to the example of Hickory than to that of Winston-Salem or Asheville.

North Carolina Cities Are Deliberately Ignoring The Letter And Spirit Of The Law

When the new omnibus gun laws went into effect on December 1st, one of the major changes was a provision that allowed concealed handgun permit holders to carry concealed in state, county, and municipal parks. An exception was made to allow cities and counties to continue to forbid concealed carry in recreational facilities which the statute defined as “includes only the following: a playground, an athletic field, a swimming pool, and an athletic facility.” The amendment with this weakening provision was proposed by Rep. David Guice (R-Brevard).

Many cities throughout North Carolina have chosen to amend their ordinances which previously had prohibited all firearms in city parks so as to continue to ban firearms in recreational facilities. Those that have not made changes will, for now, allow concealed carry in all parks and all facilities within the park.

Some cities have stayed close to the meaning of the law if they made changes and just as many have not. Probably the most egregious misreading of the law is in the city of Winston-Salem where they defined an athletic facility to include greenways, lakes, and walking trails. According to published reports, City Attorney Angela Carmon “said in public meetings that the state law did not define “athletic facilities.” The resolution approving the ordinance change is explicit in saying that they are defining the law as they saw fit.


Closer to me, the City of Asheville amended their ordinance on November 22nd as part of their consent agenda. While not going as far as Winston-Salem, it is obvious from staff reports that they made it as strict as possible.

This action complies with the City Council Strategic Operating Plan for Asheville to be safe and secure

Pro:
• Continues, to the fullest extent allowed by law, the prohibition of concealed
handguns on City property.

Con:
• Potential difficulty in enforcement.

 Asheville defines recreational facilities to include:

Recreational Facility means a playground, athletic field, swimming pool, or other recreation or athletic facility, owned or operated by the City of Asheville, together with any appurtenant premises including, but not limited to, locker rooms, seating areas, concession areas, enclosed areas, parking areas.

I think adding parking areas to the list of recreational facilities is somewhat problematic and could go beyond what is meant by the law. Nonetheless, state law does allow a concealed carry holder to leave their firearm in a locked car or locked area within the car.

Grass Roots North Carolina which was one of the prime movers behind getting carry in parks is not happy with how municipalities are trying to bend the law. An alert sent out tonight says they will be initiating legal action and are seeking plaintiffs in the cities of Winston-Salem, Kernersville, Greenville, and Smithfield. They will be adding more cities to that list as needed.

Of course, the gun prohibitionists at North Carolinians Against Gun Violence (sic) are pushing cities to go even further in their defiance of state law. According to the Asheville Citizen-Times:

They have been under criticism from North Carolinians Against Gun Violence, which is urging local governments to ban concealed handguns at athletic facilities, a move Asheville has made already.

“You’ve got a lot of intensity (at these events), a lot of emotion and anger, and one or more people are carrying a concealed weapon,” Roxane Kolar, the group’s executive director, said Monday. “That’s just a bad recipe.”

Asheville, and at least 19 other local governments, already have responded by passing laws banning concealed handguns at athletic fields, playgrounds and recreation areas, such as swimming pools.

I predict that cities that have played by the rules and are conservative in how they define recreational facilities will be OK and those cities like Winston-Salem who have played fast and loose with state law will be slapped down. In the end, the taxpayers of those cities will be the ones footing the bill and, in the meantime, they will be ones who will be left to the mercy of criminals. The other prediction I will make is that the blood won’t be running in the parks other than for skinned knees and assorted athletic injuries.

National Right To Carry Reciprocity And The Senate

Now that HR 822 has passed the House of Representatives in overwhelming fashion, it moves to the Senate. Unless I am greatly mistaken, there is significant pressure on senators from both sides of the debate. The Brady Campaign is ramping up the pressure with an auto-mailer campaign asking senators to vote no. Nonetheless, even they admit they don’t have the votes to stop it.

I sent an email today to Sen. Kay Hagan (D-NC) about the bill. While I have no worries that Sen. Richard Burr will be a solid backer of the bill, Hagan can be wishy-washy despite her claims of being a Second Amendment supporter. What surprised me was that I got an email back from her office almost immediately discussing her stance – if you could call it that – on the bill. If she hadn’t been getting lots of mail on the issue, she wouldn’t have been so prepared to issue something other than a generic thank you for your letter response.

Dear Friend,

Thank you for contacting me regarding National Right-to-Carry Reciprocity Act (H.R. 822). I appreciate hearing your thoughts on this important issue.

This bill was introduced in the House of Representatives on February 18, 2011, and was referred to the House Subcommittee on Crime, Terrorism, and Homeland Security.

If enacted, the bill would allow any person with a valid state-issued concealed firearm permit to carry their firearm in any other state that also issues concealed firearm permits. Currently, 48 states, including North Carolina, have laws permitting residents to carry concealed firearms.

While H.R. 822 has yet to reach the Senate, I pledge to keep your thoughts on this issue in mind. My family, like the great state of North Carolina, has a long tradition of hunting and gun ownership, and I take great pride in that heritage. I have opposed requiring gun owners to obtain federal licenses or creating a federal system to track gun sales and transfers, as I believe these proposals would infringe this important constitutional right. I will continue to support the rights guaranteed under the Second Amendment.

Again, thank you for contacting my office. It is truly an honor to represent North Carolina in the United States Senate, and I hope you will not hesitate to contact me in the future should you have any further questions or concerns.

Sincerely,

Kay R. Hagan

If you haven’t already done it, it is time to contact both of your state’s senators and urge them to vote for the National Right-To-Carry Reciprocity Act of 2011. I wouldn’t want to think that our voices could be drowned out by an auto-mailer run by the Brady Campaign.