Why Concealed Carry In Restaurants Serving Alcohol Is Such A Hard Slog In NC

Some of the commenters to my post about using the Virginia experience to push for allowing concealed carry in restaurants and eating establishments that serve alcohol have pointed out states where it is both legal to carry in bars and to drink at the same time. That may be. However, I doubt that would be a winning argument here in North Carolina.

The Tar Heel State has or has had an almost puritanical approach to alcohol. It was the first state in the South to adopt prohibition and the first in the nation to do so by popular vote. It was not until 1978 that North Carolina relaxed its laws enough to allow liquor by the drink in restaurants. Even then, unless it was a private club, bars were not allowed to sell mixed drinks. Prior to this, we had the charming custom of “brown bagging” where you would go to a restaurant that had the proper permits and bring your own booze. They would sell you a “set-up” which might be a glass of Coke or ginger ale or merely a glass of ice.

Liquor stores in the state are still governmental entities run by county or municipal alcohol control boards under the overall control of the State Alcoholic Beverage Control Commission. There is even a division of Alcohol Law Enforcement under the state’s Department of Crime Control and Public Safety.

North Carolina has changed a lot since the video below was made in 1978. There is only one completely dry county left – Graham – but there are still a number of towns and cities that don’t allow liquor by the drink or even beer and wine sales. That said, the attitudes toward alcohol among many in their mid-40s and up is still imbued with that old puritanical flavor. Indeed, I would not be surprised to find lots of people still agreeing with the sentiments expressed in the video below in all age groups.

Thus, in getting concealed carry allowed in North Carolina’s restaurants that serve alcohol, we are having to take it one step at a time and limit it to non-drinking patrons. The fact that the N.C. House passed HB 111 with a strong majority was a great beginning. Now we have to convince the Senate to do likewise.

Using The News For Gun Rights

The report published by the Richmond Times Dispatch this weekend analyzing the first year of experience of allowing concealed carry in Virginia establishments that serve alcohol is important. The study found that not only did violent crime not go up but it actually decreased by 5.2 percent. It has gotten a lot of attention within the firearms community and numerous gun blogs have reported on it. Even non-gun blogs like HotAir have noticed it.

Now is the time to make this important news useful.

The bill to allow concealed carry in restaurants and eating establishments that serve alcohol in North Carolina, HB 111, has passed the N.C. House but is stuck in the State Senate. According to Grass Roots North Carolina, Senate leaders purportedly are fearful of polling which shows public sentiment against this measure.

HB 111: “HANDGUN PERMIT VALID IN PARKS & RESTAURANTS”

Sponsored by Rep. Mark Hilton (R-Catawba, GRNC ****), after passing the House by a vote of 76-42 with a weakening amendment allowing municipalities to ban guns in recreational facilities offered by Rep. David Guice (D- , GRNC ), the bill headed to the Senate. There it was first referred to Rules – widely regarded as the graveyard for bills leadership has no intention of hearing. After negotiations with Rules Chair Sen. Tom Apodaca (R-Henderson, ****), HB 111 was re-referred to Judiciary II on the agreement that GRNC would wait for a hearing until after completion of the state budget. Although HB 111 will remain alive for next year, Senate Republicans are running scared from polling which reportedly shows lack of public support for concealed carry in restaurants. Meanwhile, parks carry has passed in HB 650.

If you live in North Carolina I suggest you print out this article and send it along with a polite letter to both your State Senator and the Republican leadership in the State Senate. Point out that an objective analysis conducted by a major statewide paper in an adjoining state found that the change in the law didn’t cause blood to run in the streets as its opponents promised it would. Rather, it actually led to a decrease in violent crime in those restaurants and bars. Point out that North Carolina Concealed Handgun Permit holders are some of the most law-abiding responsible citizens around and much more so than the general public. Then ask them to get moving and pass HB 111 so that you can discretely carry while eating with your family at Applebee’s (and drinking ice tea).

This is fresh news so it is important to hit while it is still fresh. While I think a written letter to a state legislator will have more impact than an email, you could also email this article with a short note as well. If you are not sure who represents you in the N.C. State Senate, go here.

Frankly, I am not sure what other states are considering such measures. I know Ohio did pass such a bill in this session of the General Assembly. If your state is considering such a bill or, better yet, if your state prohibits carry in establishments serving alcohol, I’d suggest you do the same thing as what I plan to do here in North Carolina.

She Needs To Call Breda For That Answer

A number of Wisconsin municipalities are debating what restrictions, if any, they will place on concealed carry in city buildings now that concealed carry is the law in that state. The guidance from the League of Wisconsin Municipalities states:

According to a legislative bulletin from the League of Wisconsin Municipalities, the concealed carry law that Gov. Scott Walker signed into law July 8 prohibits carrying firearms into police stations and municipal courtrooms if court is in session.

Local governments also may ban firearms from municipal buildings if a proper sign is posted, but they can not prohibit them from municipal parks and open spaces, according to the League analysis.

In Whitewater, the City Council was presented a proposal from the Parks and Recreation Director to ban firearms in “the municipal building, library, White Building, armory, Starin Park Community Building, Cravath Lake Community Center and Train Depot building.”

Some members of the council seem a little bewildered by it all. For example, Marilyn Kienbaum had this to say:

“I can’t imagine why anyone would be carrying a gun into those places to begin with,” Councilwoman Marilyn Kienbaum said.

Perhaps, Councilwoman Kienbaum, pictured below, needs to speak with Breda – gun blogger, reference librarian, and Bersa-toter – for an answer to that question.

   
Whitewater Councilwoman Marilyn Kienbaum – Janesville Gazette

Rhonda Ezell On Fox Chicago Sunday

Rhonda Ezell, the lead plaintiff in Ezell v. Chicago, was a guest on Fox Chicago Sunday along with attorney David Sigale. The thing that impressed me the most about her interview was the quiet conviction and dignity she brings to the issue especially in the face of the questions from political reporter Mike Flannery. You could tell she was nervous being on television but she never lost her composure. She was asked questions about the lawsuit as well as about concealed carry in Illinois.

Flannery gave the impression that the Ezell lawsuit along with McDonald and all the other Second Amendment lawsuits were being funded by the “gun industry”. While the Second Amendment Foundation supported both lawsuits, they are not the “gun industry”. I just wish David Sigale had challenged Flannery on that but overall I think he did well.

FOX Chicago Sunday: Rhonda Ezell on Gun Rights: MyFoxCHICAGO.com

H/T Colleen Lawson

49 States Say He’s Wrong

The local Fox affiliate in Chicago puts on a news show on Sundays called Fox Chicago Sunday. This past Sunday part of the discussion dealt with the SAF and NRA lawsuits challenging the prohibition of carry in any form in the state of Illinois.

One of the guests was Patrick Thompson, Chairman of the Illinois Council Against Handgun Violence, who shared “why he believes allowing concealed carry would be a public safety disaster.” He starts out his weak argument by saying the Violence Policy Center has statistics that show crime doesn’t go down where concealed carry is allowed. Moreover, he holds that people are more likely to resort to the gun if concealed carry is allowed.

Unfortunately for Mr. Thompson, the experience in the rest of the United States – and especially in those states with shall-issue CCW – have proven him wrong. Of course, that doesn’t stop him from nattering on about how CCW is bad.

Illinois Women Who Believe The Constitution Applies Even There

John Kass is an op-ed columnist for the Chicago Tribune. He has a reputation for sticking it to the powers that be in both Chicago and Illinois. His latest column is entitled Babes with Bullets and other women who believe the Constitution applies in Illinois. 

After noting that Gov. Scott Walker signed concealed carry into law in Wisconsin making Illinois the only state without concealed carry, he says –

And this means that Illinois is the only state without such a law. In Illinois, our Chicago aldermen can carry guns in their purses and even in ankle holsters, and criminals obviously carry guns, since breaking the law is what they do.

But the rest of us, the chumbolone law-abiding taxpayers, can’t carry.

I’m not desperate to carry a gun, but the fact that Illinois has exempted its citizens from the Individual Rights Sweepstakes is so constitutionally depressing that there’s only one sight that could cheer me up:

A few dozen women with Smith & Wesson handguns learning how to get lethal, with the help of top female shooters and instructors in firearm safety.

Those women with Smiths were attending a training session put on by Babes with Bullets in a suburban county near Chicago. Kass attended one of their sessions and talked with a number of the trainers as well as the participants. What struck him the most was how serious they were about learning.

A few minutes later, I watched the smart-alecky Analise and her cousins out on the firing range with top instructors, serious champion instructors like Lisa Munson and T.D. Roe, of Lemont, who teaches personal protection shooting.

And there was Kay Miculek, of Louisiana, another co-founder of Babes with Bullets. From now on, when I think of a serious person, I’ll think of her.

Miculek has many national titles, and her husband, Jerry, is one of the top shots. She’s middle aged, and I liked the way she worked with the young women, calm but serious, because what they were doing was serious.

He goes on to say that you can tell that in Kay Miculek’s hand a pistol is a tool and not a symbol. It is also a serious tool, he says, and the instruction from trainers like Kay Miculek is all about safety.

Kass concludes by saying:

They were serious women, taxpaying women, law-abiding moms and sisters and daughters and friends.

And they’re the women who have the audacity to believe that the Constitution applies to them, too, even in Illinois.

Something must in the water at the Tribune because this is the second column in so many weeks that takes a pro-gun approach. First Eric Zorn and now John Kass. Good.

And Then There Was Only One

Illinois is now the only state left that does not have some form of concealed carry or any carry for that matter.

Gov. Scott Walker (R-WI) signed SB 93 today in Wausau, Wisconsin which approved concealed carry for those in the Badger State. From the NRA-ILA who was there along with NRA Exec. VP Wayne LaPierre:

Fairfax, VA. – Today, National Rifle Association (NRA) Executive Vice President Wayne LaPierre and the NRA’s Institute for Legislative Action Executive Director Chris W. Cox joined Governor Scott Walker as he signed the Wisconsin Personal Protection Act into law. This makes Wisconsin the 49th state to give law-abiding citizens an option to carry a concealed firearm for personal protection.

“For everyday crime victims, Right-to-Carry is the difference between no chance and a fighting chance. That is why the NRA’s commitment to freedom, the Second Amendment and the self-defense rights of good people everywhere never wavers,” said LaPierre. “Today’s signing ceremony is proof of the value of the hard work, dedication and perseverance of NRA members in Wisconsin.”

“This is an historic day for the Right-to-Carry effort not only in Wisconsin, but across the country,” said Cox. “The fundamental, individual, God-given right to self-defense must be respected. I’d like to thank Senators Galloway and Zipperer, Reps. Mursau and Suder and Gov. Walker for their dedication to freedom.”
“By signing concealed carry into law today, we are making Wisconsin safer for all responsible, law abiding citizens,” said Gov. Walker.

“I would like to thank the NRA for all their hard work over the past 10 years—they never gave up the fight for Wisconsinites to defend themselves,” said Sen. Pam Galloway. “While we were both disappointed that Constitutional Carry did not have the necessary support in the legislature to pass this year, we know that SB 93 represents one of the most freedom-oriented licensing laws in the entire country and it’s a tremendous first step toward our ultimate goal of adopting Constitutional Carry in the Badger State. I look forward to continuing this battle alongside the proud members of NRA.”

Both chambers of the Wisconsin legislature voted to approve one of the nation’s strongest Right-to-Carry bills by solid bipartisan margins. Today’s signing of the Wisconsin Personal Protection Act into law leaves Illinois as the only state that provides no way for its citizens to carry firearms for self-protection outside their homes or places of business.

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Do You Think They Are Trying To Discourage Carry Permits?

Yesterday evening I posted about the CalGuns Foundation’s win in forcing San Francisco County Sheriff Michael Hennessey to obey the law and adopt a formal policy on the issuance of carry permits. Having read through the policy two things become glaringly obvious. First, it is expensive. The cost for the permit, the fingerprinting, the psychological test, and the firearms testing and qualification test is $2,607 for first time applicants and there is no refund of any of it if they deny you anywhere in the process.

The second thing is that it is incredibly restrictive as to handgun and caliber. It goes well beyond the California Roster of Handguns. You are restricted to four calibers and to pistols and revolvers from certain manufacturers. If you want to use a Colt 1911, forget it. 1911’s and all single-action semiautomatic pistols are prohibited. If you think you might like a pocket pistol like the Ruger LCP in .380, forget it as you are limited to pistols in 9mm, .40 S&W, and .45 ACP.

If you think you might want to use the S&W Model 29 made famous by the fictional SFPD Inspector Harry Callahan in the Dirty Harry movies, you can forget that as well. Only revolvers in .38 Special are allowed. Moreover, you are only allowed to carry the weapon with which you qualified.

As to the qualification test, it appears to be a standard 50-shot qualification test as used by many law enforcement agencies. It probably isn’t the most relevant test for a concealed carry holder but at least it is an objective test that seems to be fairly standard. I do wonder how many of the SF Sheriff’s Deputies pass the test on their first try in their annual re-qualifications.

The policy as adopted is below.

San Francisco Carry License Policy
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CalGuns Forces San Francisco Sheriff To Adopt CCW Policy

The CalGuns Foundation sent out this release this evening regarding their victory in forcing the Sheriff of San Francisco County to comply with California law regarding concealed carry permits. Congratulations to CalGuns for getting San Francisco to obey the law. When I attended the Gun Rights Policy Conference in San Francisco, I was shocked to find out that there were only eight CCW permits issued for all of San Francisco County. While this number may have changed some, it is still ridiculously small for a city and county of the size of San Francisco.

San Carlos, CA (Tuesday, July 5, 2011) – After a litigation threat from the Calguns Foundation, San Francisco Sheriff Michael Hennessey has adopted a policy for firearm carry license (“CCW”) applications.

As part of its ongoing Carry License Compliance and Sunshine Initiative, The Calguns Foundation sent San Francisco County Sheriff Michael Hennessey a letter demanding that he immediately bring the firearm carry license application acceptance, processing, and evaluation policies of his department into compliance with California law.

“As a direct result of our letter, San Franciscans now have a path to apply for a permit to exercise their fundamental right of self defense,” notes Gene Hoffman, Chairman of CGF. “We look forward to assisting San Francisco residents to that end by publishing on our website copies of approved ‘good cause’ statements, the Sheriff’s policy, DOJ standard application, a ‘CCW Application Flowchart’, and other valuable tools and information.”

The new policy is being reviewed for requirements and practices that violate the law. “While we’re pleased that Sheriff Hennessey chose to produce a policy rather than spend taxpayers’ money to defend an indefensible position, it’s perplexing that he created such an onerous carry license program that practically begs for further scrutiny and possibly litigation,” said Brandon Combs, a director of CGF and leader of the Sunshine Initiative.

Calguns Foundation provided a copy of their Model Carry License Policy, downloadable here, to San Francisco Sheriff Hennessey and the San Francisco Sheriff’s Office. The CGF Model Policy reflects the process and procedures found in state law and comports with constitutional principles. San Francisco, however, chose to largely ignore CGF’s offer of assistance and create its own policy.

“We’re taking a very hard look at policies that burden the carry license application process with unlawful or unconstitutional provisions,” stated Gene Hoffman. “We expect that some sheriffs will dig in their heels and refuse to comply with the law. Those sheriffs should expect to be taken to court.”

A copy of the San Francisco carry license policy is available for download here. More information on Calguns Foundation’s Carry License Compliance and Sunshine Initiative can be found at www.gotcarry.org. For more information on other Second Amendment-related litigation and educational efforts, please visit www.calgunsfoundation.org.