North Carolina

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GRNC-PVF Releases Recommendations For NC’s March Primary

March 1, 2016 by

Grass Roots North Carolina-Political Victory Fund has released their candidate evaluations and recommendations in advance of North Carolina’s March 15th primary. Early voting in North Carolina opens on March 3rd.

As I live in an open Senate district, I found the recommendations useful. For example, the establishment candidate in the 48th District, Chuck Edwards, lists that he is a Life Member of the NRA. That said, he never bothered to return GRNC-PVF’s survey. Being dismissive of the strongest, most active gun rights group in the state is not the way to earn my vote. I plan to vote accordingly.

Here are their recommendations along with links:

2016 GRNC CANDIDATE
RECOMMENDATIONS
 (Listings include only districts
with primary races)

Candidate recommendations versus evaluations: Below are recommendations
for effective voting strategies by the Grass Roots North Carolina Political Victory Fund. Candidate recommendations,
which are more limited than blanket “endorsements,” are not made in all
races, only in races where a clear pro-gun candidate stands out or
where strategic voting is necessary to keep anti-gun candidates out of
office.
Recommendations
differ from GRNC
candidate evaluations. While the evaluations are intended to provide an
objective measure of where candidates stand on Second Amendment issues,
GRNC–PVF recommendations are analytical and therefore subject to
interpretation. For a full explanation of GRNC’s objective star
evaluations, go to:
http://www.grnc.org/remember-in-november/grnc-candidate-evaluations-2016
Important note: Candidates who lack
voting records or other history on Second Amendment issues and who fail
to
return GRNC’s candidate survey automatically receive a zero star
evaluation (0) on the assumption that they are hiding their position
from gun
voters. Every election year, we receive complaints about ostensibly
pro-gun candidates who receive zero star evaluations due to failure to
return the
survey. Each candidate is mailed a survey to the address he or she
registered with the State Board of Elections. If they fail to
return the survey, we cannot help candidates who will not help themselves.
Voting instructions: Primary election One Stop Early Voting begins on March 3 and ends on March 12. Absentee ballots
must be received by 5:00 PM on March 15. Primary voting day is March 15 between 6:30 AM and 7:30 PM. Click
here to find your polling place on election day, or click
here to find your One Stop Early Voting place. 
Important changes to voting laws: Due to ongoing litigation, same-day registration will still be permitted during One
Stop Early Voting. Litigation involving redistricting applies only to U.S. House races.
All other primaries will take
place on March 15. Although North Carolina has rescheduled Congressional
primaries for June 7, congressional races will remain on the ballot and
GRNC
recommends you still cast a ballot for U.S. House on March 15.
As in previous
years, unaffiliated voters may vote in either Republican or Democrat primaries. Unlike previous
years, straight party voting will not be permitted, so GRNC strongly suggests you investigate individual candidates. For
the first time, identification is required to vote, so click
here to find identification requirements.
GRNC CANDIDATE RECOMMENDATIONS
(Note:
the NC State Board of Elections has made numerous changes to
presentation of candidate data which now, unfortunately, contain
numerous errors. We have tried to catch those errors but apologize if
some of them have been allowed to propagate into GRNC
evaluations.)
US President (R): Despite
his assertions that he supports the
Second Amendment, DONALD TRUMP (GRNC 1-star, *) has supported semi-auto
bans, waiting periods and, most recently, denying gun purchases to
people on
secret government lists convicted of nothing. MARCO RUBIO (****) has an
excellent gun rights voting record, but has failed to take a leadership
role
on the issue. Only TED CRUZ (****) has a 100% pro-gun voting record, has
sponsored pro-gun legislation, and answered GRNC’s candidate survey
with a perfect 100% score. GRNC–PVF recommends Ted Cruz for President.
US Senate (R): Undoubtedly, the most pro-gun candidate in the Republican primary election is Greg Brannon, who
again returned GRNC’s candidate survey with a perfect 100%, earning a four star evaluation (****). For purposes of the primary
election, GRNC–PVF recommends Brannon. That said, however, he is unlikely to win the primary election. Incumbent Richard
Burr has dropped only one gun vote and holds a three star evaluation (***). GRNC–PVF recommends supporting Burr in November.
US House
(Note:
The recommendations below are based on original districts. Litigation
over congressional districts will likely change this
candidate list for the June 7 Congressional primaries. Congressional
recommendations will change as needed.)
District 2 (R): Of
the three challengers to Renée Ellmers, only Tim
D’Annunzio returned GRNC’s candidate survey. Although he scored 100%,
earning a GRNC four-star evaluation (****), D’Annunzio has
proven himself unsuitable in previous elections. Meanwhile, whatever her
other conservative credentials, Ellmers has maintained a 100% pro-gun
voting
record, also earning GRNC’s highest four-star evaluation (****). GRNC–PVF recommends Ellmers for
Congress.
District 3 (R): With a 100% survey score and
a 97% pro-gun voting average, earning a GRNC four-star evaluation (****), GRNC–PVF continues to recommend incumbent Walter
Jones.
District 4 (R): In the Republican primary
for the seat anti-gun Democrat David Price has occupied for two decades, GRNC–PVF recommends Sue Gooch, who
returned
GRNC’s candidate survey with a score of 81%, earning three stars (***).
Opponent Teiji Kimball failed to return the survey, earning a zero star
evaluation (0).
District 5 (R): With a 100% GRNC survey
score and 100% pro-gun voting record earning GRNC’s highest four-star evaluation (****), GRNC–PVF continues to recommend
incumbent Virginia Foxx.
District 6
(R): Although the US House has not had any gun votes in the 114th Congress, on the basis of his 99% survey score and GRNC
four-star evaluation (****), GRNC–PVF recommends Mark Walker.
District 7 (R): Due to his 100% pro-gun voting record, earning GRNC’s four-star evaluation
(****), GRNC–PVF recommends David Rouzer.
District 9 (R): Realizing that incumbent Robert Pittenger has drawn fire from some conservative quarters, owing to
his 91% survey score and 100% voting record, earning GRNC’s four-star evaluation (****), GRNC–PVF continues to recommend
Robert Pittenger.
STATEWIDE
RACES:
North Carolina Governor (R): Although
challenger
Robert Brawley garnered a 100% pro-gun voting record while in the NC
House, earning GRNC’s four-star evaluation, he lacks the
resources to beat anti-gun Democrat Roy Cooper (GRNC 0-star) in the
November general election. Meanwhile, despite flaws, incumbent Pat
McCrory has
signed three pro-gun omnibus bills into law. GRNC–PVF recommends McCrory.
NC Governor (D): Both candidates in this race are
ranked 0–star by GRNC. Democrat gun voters should vote to keep
current Attorney General Roy Cooper out of office. During his tenure in
the NC Senate, Cooper demonstrated a long-standing antipathy to gun
rights,
including only a 58% pro-gun voting record. Accordingly, GRNC–PVF recommends Ken Spaulding.
North Carolina Attorney General (R): For
the open seat vacated by Roy Cooper, candidate
Jim O’Neil failed to return GRNC’s candidate survey, earning only a GRNC
zero star evaluation (0), and has made disparaging remarks about
pro-gun bill HB 562, showing his antipathy to gun rights. By contrast,
NC Senator Buck Newton has been a leader for gun rights, cementing
passage of
three omnibus pro-gun bills. With his 100% survey score and 100% pro-gun
voting record, Newton earned GRNC’s highest four-star
evaluation. GRNC – PVF recommends Buck Newton for Attorney General.
North Carolina Agriculture Commissioner (R): Incumbent
Steve Troxler (GRNC 0-star) has proven himself no
friend of gun owners. After HB 937 legalized concealed carry at
assemblies, Troxler continued to post the NC State Fair despite being
prohibited by
law. He later solicited Sen. Brent Jackson to sponsor legislation
enabling him to prohibit concealed carry. Then Troxler, apparently at
the behest of
former Food Lion CEO Tom Smith and big dollar donations, ended up in a
scheme to promote trophy deer farms at the risk of destroying indigenous
deer
populations through chronic wasting disease. By contrast, challenger
Andy Stevens is a gun rights activist and conservative who has
overturned local
gun restrictions across the state, and who vows to reverse Troxler’s
cronyism. Stevens returned GRNC’s survey with a perfect 100%, earning
a four-star evaluation (****). GRNC–PVF recommends Andy Stevens for Agriculture Commissioner.
NC Senate:
District 11 (R): For this open seat, Rick Horner returned GRNC’s survey with 97%,
earning four stars (****). Opponent Benton Sawrey failed to return the survey earning only a zero star evaluation (0). GRNC–PVF
recommends Horner.
District 31 (R): Challenger Dempsey
Brewer turned in a 97% survey earning four stars (****), but due to her 98% survey and 100% pro-gun voting record, GRNC–PVF
continues to recommend incumbent Joyce Krawiek (****).
District 33 (R): Both Kathy Dunn and Joe Kennedy turned in four-star (****) surveys, scoring 100% and 96%,
respectively. Eddie Gallimore failed to return the survey earning only a zero star (0) evaluation. GRNC–PVF recommends
Dunn.
District 35 (R): Noting that challenger Matt
Daly turned in a 90% survey, earning four stars (****), due to a 100% pro-gun voting record, GRNC–PVF continues to recommend
incumbent Tommy Tucker (****).
District 36 (R): For
this
open seat, Parish Moffitt turned in a 99% survey, earning four stars
(****), while opponents Amy Blake and Paul Newton failed to return the
survey earning zero stars (0). GRNC–PVF recommends Moffitt.
District 44 (R): Although challenger Chris Carney turned in a 100% survey, earning four stars
(****), GRNC-PVF continues to recommend incumbent David Curtis (****) due to his 100% pro-gun voting record.
District 45 (R): For this open seat, GRNC-PVF
recommends Ken Boham (survey score 86%, ***) over Deanna Ballard (survey-NR, 0-star).
District 48 (R): For this open seat, GRNC-PVF recommends Lisa
Baldwin (survey score 97%, ****) over Dennis Justice (survey-91, ****) and Chuck Edwards (survey-NR, 0-star).
NC House:
(Note: A large number of open seats plus a number of RINOs who voted against gun owners on omnibus pro-gun
bill HB 562 make NC House race is critical in 2016.)
District 6 (R): For this open seat, GRNC-PVF recommends Beverly Boswell (survey 86%, ***)
over Arthur Williams (survey-NR, 0-star) and Ashley Woolard (survey-NR, 0-star).
District 28 (R): For this open seat, GRNC-PVF recommends Gregory Dail (survey 96%, ****)
over Tony Braswell (survey-NR, 0-star) and Larry Strickland (survey-NR, 0-star).
District 36 (R): Longtime incumbent Nelson Dollar (***) voted against gun owners repeatedly on HB 562 and now has
only a 74% pro-gun voting record. GRNC-PVF recommends challenger Mark Villee (survey 93%, ****).
District 53 (R): Longtime incumbent David Lewis (***) voted
against gun owners repeatedly on HB 562 and now has only an 82% pro-gun voting record. GRNC-PVF recommends challenger Chuck
Levorse (survey 91%, ****).
District 67
(R): Pro-gun incumbent Justin Burr (****) has a 97% pro-gun
voting record and has sponsored pro-gun legislation. As a proven gun
rights
leader, GRNC-PVF recommends Justin Burr over challenger Lane Burris (survey 99, ****).
District 73 (R): Incumbent Lee Zachary (***) repeatedly voted against gun owners on HB
562, garnering only a 78% pro-gun voting record. GRNC-PVF recommends challenger Dwight Shook (survey 100%,
****).
District 77 (R): Longtime incumbent Harry
Warren (***) voted against gun owners repeatedly on HB 562 and now has only an 85% pro-gun voting record. GRNC-PVF recommends challenger
Andrew Poston (survey 98%, ****).
District 82 (R): Incumbent Larry Pittman
(****) is one of the most pro-gun members of the NC General Assembly.
Garnering a 96% pro-gun voting record, Pittman has sponsored numerous
pro-gun bills and his stood up against party leadership on behalf of gun
owners.
He is being targeted by RINOs who are behind “centrist” challenger
Michael Fischer (survey-NR, 0-star). GRNC-PVF strongly
recommends Larry Pittman.
District 87
(R): Incumbent George Robinson (***) repeatedly voted against gun owners on HB 562, garnering only a 78% pro-gun voting
record. GRNC-PVF recommends challenger Destin Hall (survey 100%, ****).
District 91 (R): In this three-way
primary, incumbent Kyle Hall was appointed in late 2015, meaning he has
no
gun rights voting record. Because he failed to return the GRNC survey,
he holds a zero star (0) evaluation, as does challenger Robert Knight
(survey-NR, 0-star). GRNC-PVF recommends Ira Tilley, who returned the survey with 100%, earning four stars
(****).
District 92 (R): Incumbent Charles Jeter
(**) repeatedly voted against gun owners on HB 562, garnering only a 69% pro-gun voting record. GRNC-PVF recommends challenger Tom
Davis (survey 93%, ****).
District 93
(R): Pro-gun incumbent Jonathan Jordan (****) has a 97% pro-gun voting record and has sponsored pro-gun legislation. As a proven gun
rights leader, GRNC-PVF recommends Jonathan Jordan over challenger Lou Hendricks (survey 97, ****).
District 95 (R): Anti-gun incumbent John Fraley repeatedly voted
against gun owners in the debate over HB 562, earning only a 67% pro-gun voting record and a zero star evaluation (0). GRNC-PVF
recommends challenger David Thompson (survey 93%, ****).
District 105 (R): In the race for
this open seat, Tim Morgan (***) returned an 86% survey, but in the past
has
used his school board to agitate against the limited concealed carry
provisions on educational properties enacted in 2013, demonstrating that
he is
not a friend of gun owners. Opponents Scott Stone returned GRNC survey
with 90%, earning four stars (****). GRNC-PVF recommends Scott
Stone.
District 113 (R): For this open
seat, GRNC-PVF recommends Cody Henson (survey 92%, ****) over Coty Ferguson (survey-NR, 0-star).
District 115 (R): For this open seat, GRNC-PVF
recommends Bob Chilmonik (survey 97%, ****) over Frank Moretz (survey-NR, 0-star).
District 119 (R): In this race to challenge anti-gun incumbent Joe Sam Queen, both Aaron Littlefield and Mike
Clampitt turned in perfect 100% surveys, earning four stars (****). Given that Clampitt nearly defeated Queen in 2014, GRNC-PVF
recommends Mike Clampitt.
District 120 (R): For
this open seat, Kevin Corbin turned in
a 95% survey earning four stars (****), but the clear standout is Elliot
Southworth (****) who not only turned in a near-perfect 99% survey,
earning
four stars, but has also volunteered his time as a gun rights activist
and directed youth shooting sports. GRNC-PVF recommends Elliot Southworth.

HERE

IMMEDIATE ACTION REQUIRED!
This message recommending various candidates was authorized and paid for solely by
the Grass Roots North Carolina Political Victory Fund. Ad not authorized by any candidate or candidate committee.

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We Aren’t The Suppliers; Thieves Are The Suppliers

September 5, 2015 by 4 Comments

Willie Dixie, Jr. is the Special Agent in Charge of the BATFE’s Charlotte Field Division. He was interviewed earlier this week by WCNC – NBC Charlotte regarding gun thefts in North and South Carolina.

“We are the supplier of those firearms that end up in the northern cities,” Wayne Dixie, Jr. said.

Last year there were 256 guns stolen in South Carolina that ended up in just New York. Another 279 from North Carolina ended up there. And those numbers have been pretty steady over the last five years.

It’s not just stolen guns from here that make their way up North, others are bought here legally and make the same trek.

“North and South Carolina are source states…a lot of times people from the North will come down here and purchase firearms here because of lax gun laws.”

Sorry SAC Dixie, “we” aren’t the suppliers. Thieves and criminal organizations are the suppliers. When examining the BATFE’s own gun trace data for New York for 2014, North and South Carolina are not even the top source states. That honor goes to New York itself with five times as many traced guns as either North or South Carolina.

Also, what the hell do you mean by “lax gun laws”? Do you mean that because North Carolina has a greater appreciation for the Constitution (to which you took an oath) that we are “lax”?

Straw purchases are illegal whether done in downtown Charlotte or downtown Manhattan. Moreover, even private sales of handguns in North Carolina require either a pistol purchase permit or a concealed handgun permit to be legal. That pistol purchase permit system, by the way, was instituted by Democrats to keep African-Americans like yourself disarmed.

Your office conveniently proclaims when they have been involved in a conviction of any sort. Despite your so-called surge of FFL inspections started in 2014, I see only one reported set of convictions for either firearms theft or trafficking in the last two years. Indeed, more people were convicted of smuggling cigarettes than firearms if your releases are any indication.

No dealer ever wants to see firearms from his or her store used in a crime. Furthermore, none of them want to see firearms stolen from their store. Gun stores go to great lengths to protect their inventory and, unless I am mistaken, this is part of your inspection process.

You can see SAC Dixie’s statements below in his interview with Michelee Boudin of WCNC.

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NC Sets 2015-16 Webless Migratory Bird Seasons

July 20, 2015 by

The North Carolina Wildlife Resources Commission has set the dates for webless migratory bird hunting for 2015-2016. They also set the early seasons for Canada geese and teal.

A quick look shows that dove season starts on the traditional Saturday before Labor Day and that resident Canada geese inland from the coast must be getting to be a real problem. I say that last bit because the daily limit for geese during September is 15! Not only that but you can use an unplugged shotgun and electronic calls. I guess some golfers are upset about them pooping all over the manicured greens.

The other thing I noticed is that there must be some Biblical injunction about shooting birds on the Sabbath. The commission has said there shall be no migratory bird hunting on Sundays.

RALEIGH, N.C. (July 17, 2015) — The N.C. Wildlife Resources Commission has approved the season dates for dove and other webless migratory game birds, as well as September seasons for Canada geese and teal.
Seasons and bag limits for most species are similar to last year. Shooting hours for all species are ½ hour before sunrise until sunset unless otherwise noted. Dove hunters should note that shooting hours for the entire season, including opening day, begin at ½ hour before sunrise. The change to opening day shooting hours for doves was implemented several years ago. 
Each year, the U.S. Fish and Wildlife Service provide frameworks from which to select the seasons and the Wildlife Commission chooses the actual dates within these guidelines. The Wildlife Commission requested public input on the seasons throughout June on its website.
The 2015–16 seasons for webless migratory game birds and waterfowl early seasons are:  
Species
Season
Daily Bag
Mourning Dove & White-winged Dove1
September 5 – October 10,
November 23 – January 15
15
King & Clapper Rails1
October 23 – November 28
15
Sora & Virginia Rails1
September 1 – October 3,
October 23 – November 28
25
Gallinule & Moorhens1
September 1 – October 3,
October 23 – November 28
15
Woodcock
December 17 – January 30
3
Common Snipe
November 13 – February 27
8
1Daily bag limit is either singly or in aggregate.
·      Federal guidelines allow for shooting hours for all migratory game birds to be from ½ hour before sunrise to sunset.
·      Possession limit is three times the daily bag for all species. 
·      These listed seasons do not include Sundays.  There shall be no hunting of migratory game birds by any method on Sundays.
Species
Season
Daily Bag
Canada Goose
September 1 – 30 (statewide)
1.  extend shooting hours to ½ hour after sunset
2.  allow use of unplugged guns
3.  allow use of electronic calls
These expanded methods are only to be allowed west of U.S. 17.
15
September Teal
(blue-winged, green-winged and cinnamon teal)
September 12 – 30 (East of U.S. 17 only)
6
·      Federal guidelines allow for shooting hours for all migratory game birds to be from ½ hour before sunrise to sunset.
·      Possession limit is three times the daily bag for all species. 
·      These listed seasons do not include Sundays.  There shall be no hunting of migratory game birds by any method on Sundays.
The 2015–16 extended falconry seasons for webless migratory game birds are:
Species
Season
Mourning dove/White-winged dove
October 15 – October 31
Rails, Gallinule and Moorhens
December 5 – January 9
Woodcock
November 7 – December 5 &
February 1 – February 27
  • The falconry daily bag limit is 3 permitted migratory game birds, singly or in the aggregate.  The regular, i.e., gun season bag limits for individual species do not apply.
  • The falconry bag limit is not in addition to the gun bag limit.
  • These listed seasons do not include Sundays.  There shall be no hunting of migratory game birds by any method on Sundays.
For more information on migratory game bird hunting, visit Waterfowl and Migratory Game Birds in North Carolina. For more information on hunter safety, hunting regulations and the free Hunting Heritage Apprentice Permits, go to www.ncwildlife.org/hunting

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

May 19, 2015 by 1 Comment

The North Carolina House of Representatives passed HB 1318 on March 10, 1919 and ushered in what we now call the pistol purchase permit system. Attempts to overturn this 96-year old law failed in the last session of the North Carolina General Assembly due to opposition from the sheriffs’ lobby. The battle is continuing in this session of the General Assembly with gun rights groups and Republicans on one side and gun control groups, the NC Sheriffs Association, and Democrats on the other.

In an earlier post, I detailed some of the racial climate of North Carolina and how that led to the bill’s passage. This post will detail how the law has changed over the years since 1919. In subsequent posts, I plan to examine the personalities involved, the political machine behind it, and the bills passage through both houses of the General Assembly. While we are currently fighting the NC Sheriffs Association over the passage of HB 562, it was not until 1959 that the duty of issuing purchase permits was transferred from the Clerks of the Superior Court to the sheriffs.

The Law As Passed

Chapter 197 of the 1919 Session Laws reads:

The General Assenibly of North Carolina do enact:
Section 1. That it shall be unlawful for any person, firm, or
corporation in this State to sell, give away or dispose of, or to
purchase or receive, at any place within the State from any other
place within or without the State, without a license or permit
therefor shall have first been obtained by such purchaser or
receiver from the clerk of the Superior Court of the county
which such purchase, sale, or transfer is intended to be made,
any pistol, so-called pump-gun, bowie knife, dirk, dagger or
metallic knucks.

Sec. 2. That the clerks of the Superior Courts of any and all
counties of this State are hereby authorized and directed to issue
to any person, firm, or corporation in any such county a license
or permit to purchase or receive any weapon mentioned in section
one of this act from any person, firm, or corporation offering
to sell or dispose of the same, which said license or permit shall
be in the following form, to wit:

North Carolina,
______________________County.
I, ___________________________clerk of the Superior Court of said
county, do hereby certify that ___________________________whose
place of residence is ________________________________Street, in
____________________(or) in______________________ Township
_________________________County, North Carolina, having this day
satisfied me as to his, her (or) their good moral character, and
that the possession of one of the weapons described in section one
of this act is necessary for self-defense or the protection of the
home, a license or permit is therefore hereby given said________________
_________________________________________to purchase one pistol,
(or) ____________________________________________from any per-
(If any other weapon is named, strike out word pistol.)
son, firm, or corporation authorized to dispose of the same.
This ______________day of ______________________________, 19___

Clerk Superior Court.

Sec. 3. That before the clerk of the Superior Court shall issue
any such license or permit he shall fully satisfy himself by affidavits,
oral evidence, or otherwise, as to the good moral character
of the applicant therefor, and that such person, firm, or corporation
requires the possession of such weapon mentioned in section
one of this act for protection of the home: Provided, that
if said clerk shall not be so fully satisfied, he shall refuse to issue
said license or permit : and Provided further, that nothing in this
act shall apply to officers authorized by law to carry firearms.
The clerk shall charge for his services upon issuing such license
or permit a fee of fifty cents.

Sec. 4. That the clerk of the Superior Court shall keep a
book, to be provided by the board of commissioners of each
county, in which he shall keep a record of all licenses or permits
issued under this act, including the name, date, place of residence,
age, former place of residence, etc., of each such person,
firm, or corporation to whom or which a license or permit shall
have been so issued.

Sec. 5. That each and every dealer in pistols, pistol cartridges
and other weapons mentioned in section one of this act shall keep
an accurate record of all sales thereof, including the name, place
of residence, date of sale, etc., of each person, firm, or corporation,
to whom or which any and all such sales are made, which said
record shall be open to the inspection of any duly constituted
State, county or police officer, within this State.

Sec. 6. That during the period of listing taxes in each year
the owner or person in possession or having the custody or care
of any pistol or other weapon mentioned in section one of this
act shall he, and is hereby, required to list the same specifically,
together with the value thereof, as is now required by law for
listing other personal property for taxes : Provided, that all
persons listing any such weapons for taxes as aforesaid shall also
be required to designate his place of residence, local street address,
or otherwise as the case may be.

Sec. 7. That any person, firm, or corporation violating any of
the provisions of this act shall be guilty of a misdemeanor and
fined or imprisoned in the discretion of the court.

Sec. 8. That upon submission or conviction of any person in
this State for unlawfully carrying concealed weapons off of his
own premises, the pistol or other deadly weapon with reference
to which the defendant shall have been convicted shall be condemned
and ordered confiscated and destroyed by the judge presiding
at any such trial.

Sec. 9. That this act shall be in force from and after the first
day of April, one thousand nine hundred and nineteen.
Ratified this 10th day of March. A.D. 1910.

 1923 Amendment


The General Assembly adopted two changes to the original concealed weapons bill. First, it made it unlawful to receive one of the weapons mentioned in the original bill by mail, railroad express, or any other common carrier unless you possessed the permit from the Clerk of the Superior Court. You were also required to present that permit to the mail carrier, postmaster, railroad agent, etc before taking delivery of the weapon.

This amendment also specified the fine and potential prison term for violation of the law. Fines were to be from $50 to $250 while the prison terms were not less than 30 days nor more than six months. All of the above were at the discretion of the court.

1947 Amendment

The changes to the law in 1947 were very minor. As part of an omnibus revision of a number of state statutes, blackjacks and slung-shot were added to the list of weapons that required a purchase permit from the Clerk of the Superior Court.

1959 Amendment

HB 1048 made major changes in the administration of the purchase permit law. It transferred responsibility from the Clerks of the Superior Court and gave it to the Sheriff of each county. The sheriffs were now made responsible for issuing permits and keeping records of the issuance of the permits. It was also the sheriff’s responsibility to dispose of confiscated weapons.

Interestingly, this amendment did not apply in all counties. 41 counties were excluded from this act. While most were small counties in the eastern and western parts of the state, the most significant exclusion was Mecklenburg County.

1971 Amendment

Historic edged weapons were defined to be any bayonet, trench knife, sword, or dagger manufactured during or prior to WWII (as late as January 1, 1946). These and antique firearms previously defined as those made prior to 1899 or muzzle loading firearms were excluded from the purchase permit requirement. As an aside, it is interesting that edged weapons from the Korean Conflict and Vietnam War were not excluded.

1979 Amendment


Three significant changes were made in this amendment by SB 213. First, the permit was now required to be obtained from the sheriff in the county in which the purchaser or receiver resided. It has been previously required to be obtained in the county in which the sale or receipt took place.

The second major change was that any provisions of local acts in conflict with these changes were repealed. As noted in the 1959 Amendment, it only applied to 59 counties.

The third major change was that the list of weapons now only included pistols. Dirks, daggers, bowie knives, metallic knucks, blackjacks, slung shot, and “so-called pump guns” were now excluded from the permit requirement.

Interesting Sec. 3 and Sec. 4 still refer to obtaining permits from the Clerk of the Superior Court even though this requirement was changed in 1959.

1993 Amendment

While the 1979 amendment dropped everything but pistols from the permit requirement, this amendment headed in the opposite direction by adding crossbows to the law. Crossbows were added because a person ineligible to purchase a firearm used a crossbow to murder someone in Union County according to former Union County sheriff and later NC Rep. Frank McGuirt.

1994 Amendment

This amendment was part of a larger omnibus bill that codified classes of misdemeanors. Rather than being a fine of up to $200 and/or imprisonment of up to six months, the penalty was now listed as a “Class 2” misdemeanor. This was the mid-range classification which meant imprisonment for more than 30 days but less than six months.

2003 Amendments

HB 817 provided that a North Carolina Concealed Handgun Permit could substitute for the pistol/crossbow purchase permit.

HB 281 made grammatical corrections and changes to the law.

2009 Amendment

These changes concerned crossbows and the definition of a crossbow dealer, manufacturer, and wholesaler. It deemed the permits issued to dealers, wholesalers, and manufacturers as being continuing permits with no expiration date.

2011 Amendment

Just as the 1993 bill added the crossbow to the purchase permit requirement, so SB 406 repealed the requirement to get a “pistol permit” to buy a crossbow.

This bill also clarified that persons under indictment for or who have been convicted of a felony were not eligible to be issued permits. However, pursuant to a NC Supreme Court ruling, the bill excepted those convicted of felonies involving antitrust violations, unfair trade practices, or restraints of trade. It also said that a person who had been pardoned or who had his or her firearm rights restored could obtain a pistol purchase permit.

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If You Support A Law That Is Based On Racism, Are You A Racist?

May 14, 2015 by 6 Comments

The headline to this post is meant to be provocative. In the last couple of days, I have received numerous emails from gun prohibitionists groups and have seen Everyday Moms for Illegal Mayors launch a media campaign all of which is intended to keep in place North Carolina’s pistol purchase permit system.

§ 14-402 and § 14-403 of the North Carolina General Statutes were originally passed in 1919 and gave the Clerk of the Superior Court (later given to the Sheriff) of each North Carolina county the power to determine just who of their county’s residents would be eligible to purchase a handgun. Note that this preceded the Gun Control Act of 1968 by almost 50 years. Firearms of all sorts could still be purchased over the counter and through the mails. So why would the North Carolina General Assembly give Clerks of the Superior Court such power? Below is a little context.

The end of the Great War in 1918 saw the return of many African-American veterans who had served in segregated military units. They had served their country both home and abroad and were now coming home expecting some recognition of their rights. W.E.B. DuBois had encouraged black veterans to not just return home but to return home fighting against Southern racism.

At an Emancipation Day ceremony in Raleigh in January 1919, a crowd of 3,000 passed resolutions condemning lynching and attacking segregation. Through the 1920s, the annual commemorations of emancipation as well as the Armistice ending World War I remained occasions for rallies. Editorials in the black press in Durham and Raleigh frequently called for improvements in, if not an end to, the Jim Crow system.

White North Carolinians listened with concern to the outbursts of black protests after the War, but they managed to preserve both white supremacy and the myth that black North Carolinians were contented with legal segregation and Jim Crow. North Carolina’s postwar reconsideration of racial relations and racial policy took place in the context of the nationwide “Red Scare” between 1918 and 1921, touched off by fears of communist and foreign subversion.

Adding to this general fear was Winston-Salem’s November 17, 1918 riot over the attempted lynching of a black man who had been erroneously accused of raping a white woman. Most of the rioting was done by whites but it was the black community which had the tanks sitting in their streets.

The General Assembly passed “An Act to Regulate the Sale of Concealed Weapons in North Carolina” on March 10, 1919. It required a permit to purchase “any pistol, so-called pump-gun, bowie knife, dirk, dagger or metallic knucks.” The “so-called pump-gun” is, as best as I can determine, what we would now call a pump shotgun. Section 3 of Chapter 197 reads:

That before the clerk of the Superior Court shall issue
any such license or permit he shall fully satisfy himself by affidavits,
oral evidence, or otherwise, as to the good moral character
of the applicant therefor, and that such person, firm, or corporation
requires the possession of such weapon mentioned in section
one of this act for protection of the home: Provided, that
if said clerk shall not be so fully satisfied, he shall refuse to issue
said license or permit : and Provided further, that nothing in this
act shall apply to officers authorized by law to carry firearms.
The clerk shall charge for his services upon issuing such license
or permit a fee of fifty cents.

The Clerk and the firearms dealer were both required to keep records of the permittees/purchasers including name, age, residence, former residence, “etc.”  The owner of the firearm was also required to list it as personal property with the local tax authorities.

Let’s think about this a bit. Who would be considered to be a person of “good moral character” in 1919 to a legislature that was composed primarily of white Democrat segregationists who were sympathetic to the KKK? And what do you think the Clerk of the Superior Court is going to consider by “etc.” which is actually included in the text of the bill? I think any intelligent person could reasonably assume that a person of “good moral character” would tend to be white, probably a Democrat (unless living in the mountains), a segregationist, a church-goer, and someone who owned property. It would not have been an African-American nor would it have been a populist, socialist, or union organizer. I would also assume that the race of the purchaser was intended to be kept as part of the records.

Given the state of race relations in North Carolina in 1919 and the contextual background of this law, I defy anyone to say that there is no racial component to this law. It may not have said de jure that blacks couldn’t possess pistols and other weapons but that was the de facto reality.

So I say to Mike Bloomberg, Gabby Giffords, Dan Gross, Shannon Watts, and all the others of their ilk who have been agitating against HB 562, does not your support for the continuation of a law conceived in racism make you just a wee bit racist yourself?

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Two Gun Rights Alienage Wins In North Carolina

April 27, 2015 by 2 Comments

The Second Amendment Foundation brought suit on behalf of Felicity Veasey, an Australian citizen, for being denied the right to apply for a North Carolina Concealed Handgun Permit. She is a permanent legal resident married to a US citizen living in Granville County. The suit sought to enjoin the enforcement of the state requirement that one must be a US citizen to obtain a CHP. The case was started in June 2014.

The ACLU and the Second Amendment Foundation have won a number of lawsuits challenging the denial of gun rights based on alienage. Between the two, they have won cases in Kentucky, South Dakota, New Mexico, Nebraska, and Massachusetts on behalf of permanent legal residents. Discrimination based upon alienage is considered constitutionally suspect and an regulation or law must be examined under strict scrutiny.

Another case was filed in March 2015 on behalf of Kristen Messmer of Wake County, a German citizen who is a permanent legal resident and who also sought a North Carolina Concealed Handgun Permit. Her attorney was Camden Webb who also served as co-counsel in the Veasey case.

The cases, though not officially joined, were both heard by US District Court Judge Terrence Boyle of the Eastern District of NC. He granted a preliminary injunction in both cases on Thursday and the opinions were released on Friday afternoon. With the exception of the background of the plaintiffs, the wording in the opinions is virtually word for word the same.

After noting that permanent residents have many of the same constitutional rights as US citizens including their Second Amendment rights, Judge Boyle wrote:

No defendant has proffered a strong argument in support of limiting the concealed carry
statute to citizens. No defendant objected to plaintiffs’ characterization in court that resident
aliens are allowed to possess firearms on their premises and are even allowed to carry firearms
openly in North Carolina. In fact, the Sheriff stated in court that he agreed with plaintiffs that the
law at issue in this case was unconstitutional. In light of other court rulings, the law in North
Carolina, and defendants’ postures in this case, plaintiffs have demonstrated that they are likely
to succeed on the merits.


The Court further finds that in the absence of preliminary injunctive relief, plaintiffs will
suffer irreparable harm. The deprivation of a constitutional right, even if only briefly, constitutes
irreparable harm.

Professor Eugene Volokh has also covered the Messmer case at the Volokh Conspiracy.

The North Carolina General Assembly, if it were smart, would save the state some money and make the necessary corrections to state law. Judge Boyle issued a preliminary injunction and further hearings and filings would be needed for the permanent injunction.

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There Will Always Be An Exception

February 10, 2015 by 1 Comment

Holders of concealed carry permits have been shown to be more law-abiding than law enforcement officers over the years. That hasn’t stopped groups like the Violence Policy Center from doing everything in their power to portray permit holders as killers and wild cowboys with itchy trigger fingers.

Just as a bad cop is an exception to the norm, so too is a concealed carry holder that commits murder. Unfortunately, we in North Carolina now have one of those exceptions. A 62-year old man who held a NC Concealed Handgun Permit killed one person, wounded another, and killed the wounded woman’s unborn child. He then killed himself. The murder-suicide reportedly stemmed from a business dispute according to local papers.

Sean Sorrentino has much more detail and commentary on the incident. I’d suggest going there to learn more about this story.

All I can say is that it is a sad thing all around but that it is an exceptional one. And being exceptional, it is not reflective on concealed carry holders nor concealed carry in general. Even the Chicago Tribune concedes this point noting that it has been a quiet first year after Illinois finally got shall-issue concealed carry.

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Incoming Speaker of NC House Is Good On Guns

November 23, 2014 by 1 Comment

The Republican majority in the North Carolina House of Representatives elected Rep. Tim Moore (R-Cleveland) to replace Senator-elect Thom Tillis as Speaker. Moore, a Kings Mountain attorney, was selected on the first ballot by House Republicans as they met in Asheboro.

Moore won a majority of votes from the 73 GOP lawmakers that met at Randolph Community College. He beat Reps. Justin Burr of Albemarle, Mitchell Setzer of Catawba, John Blust of Greensboro, Leo Daughtry of Smithfield and Bryan Holloway of King.


Rep. Paul “Skip” Stam of Wake County was nominated as speaker pro tem. Rep. Mike Hager of Rutherford County was elected majority leader and John Bell from Wayne County, majority whip.


Huntersville Republican Charles Jeter was unopposed for conference chair, a post in which he’ll oversee campaigns and fundraising.

Moore was ranked second in the NC House in terms of effectiveness by the North Carolina Center for Public Policy Research. He had chaired the House Rules Committee.

So what does this mean for gun rights in North Carolina?

Moore was recommended by Grass Roots North Carolina-PVF where he was ranked 4 stars. He was endorsed by the NRA Political Victory Fund and rated as A+.  That’s a good start. It does get better as Rep. Moore was one of the speakers at a gun rights rally in 2013 organized by GRNC. Given their reputation as a “no compromise” organization, the fact that Moore would be one of the speakers says volumes about him.

It was through the efforts of Moore as head of the Rules Committee that Durham County’s 80 year old gun registry was scrapped.

What about the rest of the Republicans in the House leadership?

Rep. Skip Stam (R-Wake) who will be Speaker Pro Tem is, at best, mediocre. He was rated B- by the NRA-PVF and did not receive an endorsement. Stam was not recommended by GRNC-PVF and was rated a mere 2 stars. He was characterized as a “weasel” by GRNC for his efforts to weaken some of the gun rights laws that passed the General Assembly in the last two sessions.

Rep. Mike Hager (R-Rutherford) who will be the House Majority Leader is much better. He received both a recommendation and 4 stars from the GRNC-PVF while also getting an A and the endorsement from the NRA-PVF. Hager was one of the sponsors of the bill that made the names of NC CHP and pistol permit applicants private.

Rep. John Bell (R-Wayne) is slated to be the House Majority Whip. He was rated as 4 stars by GRNC-PVF and was recommended. The NRA-PVF graded him an “A” and gave him their endorsement. His website points out the fallacy of gun-free zones and says they put innocent lives at risk. He sponsored HB937 which increased the number of places firearms would be permitted.

Rep. Charles Jeter (R-Mecklenburg) is the Republican Conference Chair. He was rated 3 stars by GRNC-PVF but was recommended. The NRA-PVF graded him an “A” and gave him their endorsement. His position on the Second Amendment post-Newtown was not to be reactionary like legislators on New York and Connecticut.

One thing I think should be pointed about this House leadership is their relative youth. Speaker-elect Tim Moore is 44, Conference Chair Charles Jeter is 41, and while I don’t have the exact age for Majority Whip John Bell, he appears to be in his late 30s to early 40s. House Majority Leader Mike Hager is a little older at age 52. Speaker Pro Tem Skip Stam is the old guy of the bunch at 64 but, then again, the position traditionally is held by older legislators.

To conclude, with the exception of Skip Stam, the Republican House leadership for the upcoming session is good on guns. This is good news for gun rights bills that will be presented in the new session.

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GRNC Recommendations

November 3, 2014 by

Early voting ended Saturday in North Carolina. Despite having fewer days allocated to early voting, 17.4% of all registered voters have already voted. This is an increase 1.9% over the 2010 midterm election. More importantly, over 100,000 more registered Democrats have voted early than did in 2010. This is attributed to get out the efforts of the Democrats.

While both sides increased their turnout and both sides are touting it as a good sign for their candidates, gun rights supporters who haven’t voted need to get to the polls on Tuesday. I don’t think I need to reiterate what is at stake.

As a help for when you go to the polls, I’m publishing Grass Roots North Carolina’s recommendations for the US Senate and House and the North Carolina Senate and House.

While I can’t speak for other areas of the state, NC Representatives Ramsey, Moffitt, and Presnell have been extensively targeted by out-of-state money flowing into PACs. All three are good on guns and all have been recommended by GRNC. Rep. Michele Presnell (R-Haywood-Madison-Yancey) went so far as to ask my friend Tim who owns a local surplus store what she could do to help gun owners. He suggested uniform signage for stores like the Texas 30.06 requirement and she was quite interested in it.

GRNC-PVF CANDIDATE RECOMMENDATIONS
 

District #/Name
US SENATE NC HOUSE (cont’d) NC SENATE
TILLIS 059: HARDISTER 001: COOK

061: FAIRCLOTH 002: SANDERSON
US HOUSE 062: BLUST 004: SCOTT
001: RICH 063: ROSS 006: BROWN
002: ELLMERS 065: JONES 007: PATE
003: JONES 067: BURR 008: RABON
004: WRIGHT 068: HORN 010: JACKSON
005: FOXX 069: ARP 011: NEWTON
006: WALKER 070: HURLEY 012: RABIN
007: ROUZER 071: MCCANN 013: WHITE
008: HUDSON 073: ZACHARY 015: FULGHUM
009: PITTENGER 074: CONRAD 016: MITCHELL
010: MCHENRY 075: LAMBETH 017: FULGHUM
011: MEADOWS 076: FORD 018: BAREFOOT
012: COAKLEY 077: WARREN 019: MEREDITH
013: HOLDING 078: MCNEILL 023: LOPEZ-CARTER

079: HOWARD 024: GUNN
NC HOUSE 081: BROWN 026: BERGER
001: STEINBURG 082: PITTMAN 027: WADE
002: YARBOROUGH 083: JOHNSON 029: TILLMAN
003: SPECIALE 084: TURNER 030: RANDLEMAN
004: DIXON 085: DOBSON 031: KRAWIEC
005: PIERCE 086: BLACKWELL 033: BINGHAM
006: LAWSON 087: STARNES 034: BROCK
008: MARTIN 088: BRYAN 035: TUCKER
009: BROWN 089: SETZER 036: HARTSELL
010: BELL 090: STEVENS 038: RIVETTE
011: MARTIN 091: HOLLOWAY 039: RUCHO
013: MCCELRAFT 092: JETER 041: TARTE
014: CLEVELAND 093: JORDAN 042: WELLS
015: SHEPARD 094: ELMORE 043: HARRINGTON
016: MILLIS 096: ADAMS 044: CURTISS
017: ILER 097: SAINE 045: SOUCEK
019: DAVIS 098: BRADFORD 046: DANIEL
022: SMITH 103: BRAWLEY 047: HISE
025: COLLINS 104: CABLE 048: APODACA
026: DAUGHTRY 105: SCHAFFER 049: CRAWFORD
028: LANGDON 106: LOWE 050: DAVIS
033: WHITLOCK 107: ALEXANDER
036: DOLLAR 108: TORBETT
040: AVILA 109: BUMGARDNER
041: MURRY 110: HASTINGS
044: BUTTON 111: MOORE
045: SZOKA 112: HAGER
046: JONES 113: WHITMIRE
050: CHANEY 115: RAMSEY
051: STONE 116: MOFFITT
052: BOLES 118: PRESNELL
053: LEWIS 119: CLAMPITT
055: BRODY 120: WEST
056: CARTER

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North Carolina Judicial Races

October 25, 2014 by 1 Comment

North Carolina has a non-partisan electoral system for all levels of judges. Prior to 1996, judicial elections were partisan. Appellate level judgeships – Court of Appeals and Supreme Court – were the last to go non-partisan making the transition in 2002.

Given that, how can you figure out who is conservative and who is liberal? Or who is pro-gun and who is anti-gun. We recently saw what a difference it can make when Wake County Superior Court Judge Donald Stephens blatantly ignored the black letter law and allowed Ag Commissioner Steve Troxler (R-NC) to ban guns at the NC State Fair.

The State Board of Elections does put out a Judicial Voter Guide which includes a short statement from each candidate, gives their education and work history, and provides a link, if any, to their websites. To be frank, it is of little use other than to tell you some of their work history and educational background.

Fortunately, the candidates’ websites tend to be of more value. For example, Judge Bill Southern, who is running for the NC Court of Appeals against Judge Lucy Inman, tells you he is a member of the NRA and is part of the conservative/libertarian John Locke Foundation’s candidate development program. By contrast, Supreme Court Associate Justice Robin Hudson touts her endorsements from the Durham People’s Alliance, NC chapter of NOW, and the NC AFL-CIO. You can be pretty much assured that she is not a conservative.

The North Carolina Republican Party has issued their endorsements at the state level as has the Grass Roots North Carolina Political Victory Fund. With the exception of the “Martin seat”, they agree. The North Carolina Democratic Party also made endorsements which are 180 deg. from those below.

From the GOP:

Supreme Court Chief Justice
Judge Mark Martin


Supreme Court Justice (Martin seat)
Judge Bob Hunter


Supreme Court Justice (Hudson seat)
Judge Eric Levinson


Supreme Court Justice (Beasley seat)
Mike Robinson


Court of Appeals (Hunter seat)
Judge Bill Southern


Court of Appeals (Martin seat)
Judge John Tyson


Court of Appeals (Stroud seat)
Judge Donna Stroud (unopposed)


Court of Appeals (Davis seat)
Judge Paul Holcombe

Perhaps more important to gun owners is this list of endorsements from the GRNC PVF:

GRNC-PVF Judicial Candidate Recommendations:

Supreme Court (Chief Justice): Mark Martin
Supreme Court (Martin seat): Bob Hunter
Supreme Court (Hudson seat): Eric Levinson
Supreme Court (Beasley seat): Mike Robinson
Court of Appeals (Martin seat): Marion Warren
Court of Appeals (Hunter seat): Bill Southern
Court of Appeals (Stroud seat): Donna Stroud
Court of Appeals (Davis seat): Paul Holcombe

What is called the “Martin seat” is to fill the vacancy left open when Chief Judge John Martin retired. There are, believe it or not, 19 candidates for that open seat. In addition to the two people endorsed for this seat by the GOP and GRNC-PVF, Elizabeth Davenport Scott and Valerie Johnson Zachary are also worth a look. Both are Republicans. Zachary has been endorsed by Conservatives of Guilford County and touts herself a conservative. What makes her somewhat unusual is that she has a law degree from Harvard and practices in Yadkinville, pop. 2,818.

I did a blog post earlier this month regarding Judge Mark Davis who is seeking a full term on the Court of Appeals. Unless he is just a hired gun who will say anything to win a case, he is no friend of the Second Amendment. For that reason, Judge Paul Holcombe has my vote.

Early voting started on Thursday, October 23rd. To find out where you can vote early (assuming you are a registered NC voter), go here. The one thing to remember is that voting a straight ticket won’t impact these races. You have to vote for each race and each judge.