North Carolina

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Open Carry In North Carolina

March 7, 2013 by 1 Comment

The topic of open carry made the Off The Record blog of the Greensboro News-Record on Tuesday. It isn’t often that you see a reasonable discussion of open carry in a newspaper without it being connected to some crime. In this case, it was an article by Jeff Welty of UNC’s School of Government in their North Carolina Criminal Law blog that led to the posting about open carry.

As to the question of whether you as a law-abiding citizen can legally carry openly in North Carolina, the answer is generally yes. That is thanks to a 1921 case decided by the North Carolina Supreme Court.

From the Off The Record blog:

The case originated in Kernersville, where its central figure, Orah W. Kerner, was a member of the namesake family. He was “president of American Hosiery Mills, senior member of the firm of Kerner Brothers, and a large tobacco planter,” according to his 1923 obituary.

According to the Supreme Court, Kerner “was walking along the streets of the town of Kernersville in Forsyth County carrying some packages, when he was accosted, for the purpose of engaging him in a fight, by one Matthews; that in the course of this altercation he set down his packages and went to his place of business and there procured a pistol, which he brought back with him unconcealed to the scene of the altercation. Sec. 3, ch. 317, Public-Local Laws 1919, prohibits the carrying of such weapons off his own premises by any one in Forsyth without a permit, even though it was not concealed. The court, being of the opinion that this statute was in conflict with the constitutional provision that “the right to bear arms shall not be infringed,” directed a verdict of not guilty, and the State appealed.”

The Supreme Court affirmed the trial court verdict, noting the distinction between the right to keep and bear arms and the right to carry concealed weapons.

“The former is a sacred right, based upon the experience of the ages in order that the people may be accustomed to bear arms and ready to use them for the protection of their liberties or their country when occasion serves. The provision against carrying them concealed was to prevent assassinations or advantages taken by the lawless, i. e., against the abuse of the privilege.”

Open carry in North Carolina is not without constraints. One of the more common issues that comes up is what is called “going armed to the terror of the people.” Professor Welty notes that it comes up when someone is intentionally trying to scare or terrorize others but “a person doesn’t commit this offense by carrying a weapon in a
non-threatening and orderly manner, such as going about one’s daily
business with a handgun in a hip holster.”

Professor Welty says that local government can regulate, to some extent, open carry in North Carolina. For example, they could prohibit open carry in public buildings and their parking lots. However, while NC GS 160A-189 and NC GS 153A-129 allows cities and counties to regulate the display of firearms on sidewalks, streets, and other public property, Professor Welty does not believe that they could use these laws to ban open carry.

But reading the power to “regulate the display of firearms” to allow
local governments to ban open carry in public is probably wrong for two
reasons. First, it would be unconstitutional under Kerner. As the
court noted, “[t]o exclude all pistols, however, is not a regulation,
but a prohibition, of arms which come under the designation of ‘arms’
which the people are entitled to bear.” Second, such a reading ignores
the fact that both statutes allow local governments to “regulate . . . or prohibit”
the discharge of firearms, but only to “regulate” the display of
firearms. The lack of parallelism appears to be intentional. Therefore,
although the precise extent of local government authority isn’t clear,
and a variety of local regulations might be permissible, a complete ban
on public open carry does not appear to be.

Given that Professor Welty works for the School of Government which has as part of its mission to educate local governments on the law, there is hope that this information will filter down to local law enforcement agencies.

H/T Ken Soderstrom

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Rights Watch Files Park Carry Suit Against Winston-Salem

January 17, 2013 by

Rights Watch International, the non-profit arm of Grass Roots North Carolina, has filed suit in Forsyth County Superior Court against the City of Winston-Salem. The case, Childs et al v. City of Winston-Salem et al, is seeking a declaratory judgment and a permanent injunction against Winston-Salem over the city’s park carry ordinance on the grounds that it exceeded its authority, is unconstitutionally vague, and violates both the North Carolina and US Constitution.

The plaintiffs in the case are Rights Watch International and four individuals – David Childs, David Phillips, Shannon West, and Christopher Hjelm – who are claiming injury from the Winston-Salem park carry ordinance. The defendants in the case are the City of Winston-Salem, its Department of Recreation and Parks, Mayor Allen Joines, and Recreation and Parks Director Timothy Grant. The two individuals are being sued in their official capacities.

North Carolina, like most states, has a pre-emption statute that retains regulation of firearms as a state prerogative and limits what counties and municipalities may do. HB 650 which was passed in the last session of the North Carolina General Assembly said concealed carry in state, county, and municipal parks was legal. The only limitations that counties and cities may impose are prohibitions against carry in “recreational facilities” which were defined to be only “a playground, an athletic field, a swimming pool, and an athletic facility.”

The problem is that the city decided to play fast and loose with how they defined recreational areas and athletic facilities. From the adopted Ordinance No. 4735 which amended Section 38-10 of the Code of Ordinances:

(1) Recreational facilities include only the following: a playground, an athletic field, a swimming pool, and an athletic facility owned or operated by the city.
(2) Athletic field means a piece of land traditionally used for organized athletic or sporting event(s), including the adjoining spectator area.
(3) Athletic facility means a building, structure or place including a walking trail, greenway and body of water such as a lake for engaging in sporting events, recreational activities, fitness or physical training.
(4) Playground means a piece of land used for and usually equipped with facilities for recreation especially by children including the adjoining area and shelter used by children for respite, eating and playing sedentary games.

Not only has the city stretched the definition of athletic facility and recreational facility, they have failed to fulfill their responsibilities by consistently posting the recreational facilities in which concealed carry is prohibited. Since it is a class 3 misdemeanor which carries a fine of up to $500 to carry in prohibited locations, this is problematic for the plaintiffs and their desire to both obey the ordinance and to provide for their own self-protection.

All Plaintiffs have sought to determine where the ordinance does not allow concealed carry in the parks which they use, but have been unable to obtain a listing of the designated areas from the Defendants nor have they been able to identify the prohibited areas from posting in the parks due to the vagueness of the definitions in the Ordinance and the inconsistency or failure of Defendants to post restricted areas.

The lawsuit alleges that Winston-Salem, by their defining recreational facilities so expansively, has engaged in an “action in excess of statutory authority”. The suit further alleges that the city ordinances are “unconstitutionally vague in that they do not provide adequate notice to Plaintiffs as to what conduct is and is not legal and do not offer sufficient notice to prevent discriminatory and arbitrary enforcement..” Finally, the suit alleges that Winston-Salem’s ordinances violate the plaintiffs’ right to keep and bear arms because they operate in such a way as to be a total ban on the right to keep and bear arms.

The suit asks for a declaratory judgment saying the ordinances in question are null and void due to the above allegations. It further asks for attorneys’ fees and a permanent injunction prohibiting Winston-Salem from enforcing the ordinances.

Winston-Salem was chosen for this suit because their ordinance was the most egregious of all North Carolina municipalities which chose to post athletic and recreational facilities. They knowingly pushed the envelope and now they find themselves in court as well they should.

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NCWRC Sued Over Night Hunting Of Coyotes

November 27, 2012 by

The North Carolina Wildlife Resources Commission is being sued by the Southern Environmental Law Center on behalf of Red Wolf Coalition, Defenders of Wildlife and the Animal Welfare Institute to stop night hunting of coyotes with artificial light in five eastern NC counties. A judge in Wake County Superior Court has granted a preliminary injunction stopping the hunting of coyotes in Dare, Tyrrell, Hyde, Washington and Beaufort counties.


RALEIGH, NC- Coyote hunting at night with the aid of an artificial light will be disallowed temporarily in five counties – Dare, Tyrrell, Hyde, Washington and Beaufort – pending the outcome of a lawsuit questioning the temporary rule adopted by the N.C. Wildlife Resources Commission.


Wake County Superior Court Judge Paul Ridgeway issued a preliminary injunction halting coyote hunting at night with the aid of artificial light only in those five counties. The order was issued in response to a complaint filed by the Southern Environmental Law Center, on behalf of the Red Wolf Coalition, Defenders of Wildlife and the Animal Welfare Institute.


“While we accept the judge’s decision, it is important to note that this is a decision on a preliminary injunction only. It is not a decision on the lawsuit,” said Wildlife Commission Executive Director Gordon Myers. “We remain confident of our position and its merits.”


The Wildlife Commission passed temporary rules in July allowing the taking of coyotes and feral swine by hunting on private lands at night with a light. Night hunting is one means of controlling localized populations of coyotes and feral swine, both of which are non-native to North Carolina, destructive to the landscape, and potential disease carriers. Coyotes also pose predatory threats to pets and livestock.


The preliminary injunction issued today by the Superior Court only applies to hunting coyotes at night in Washington, Beaufort, Tyrrell, Hyde and Dare counties The order does not prevent taking of wildlife, including coyotes and red wolves, while in the act of depredation. It does not affect hunting feral swine at night with the aid of a light.


The preliminary injunction will remain in effect pending the final ruling by the Superior Court on this issue.
Wildlife Officers in the five-county region will work to alert hunters about today’s ruling.

The plaintiffs are alleging that the rule allowing night hunting of coyotes in those counties violated the NC Administrative Procedure Act and will put the red wolf, an endangered species, at risk. A copy of the lawsuit can be found on the Animal Welfare Institute’s website here.

As a North Carolinian, I am a bit worried about the use of the legal system by groups like PETA and now the Animal Welfare Institute. AWI describes their mission as:

Since its founding in 1951, AWI has sought to alleviate the suffering
inflicted on animals by people. In the organization’s early years, our
particular emphasis was on the desperate needs of animals used for
experimentation. In the decades that followed, we expanded the scope of
our work to address many other areas of animal suffering.

I would think that if they were really concerned about the health of the red wolf they would be all for the hunting of a non-native invasive species that competes with the red wolf for food and habitat. Moreover, one of the biggest threats to the survival of the species is hybridization with coyotes.

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GRNC-PVF Reflects On Results In North Carolina

November 8, 2012 by 1 Comment

Grass Roots North Carolina-Political Victory Fund sent out their impressions on electoral results here in North Carolina last night. They were generally pleased with the results here in NC with some new strong pro-gun State Senators coming on board. While not mentioned directly, the one downside is that St. Senator Doug Berger (D-Northampton) lost. He had been a stalwart on the pro-gun side.


First, congratulations are due to North Carolina gun voters who ensured our state was the only battleground state to repulse the Obama machine. Better yet, thanks to your efforts, anti-gun candidates went down in flames around the state. This is the closest thing to a “clean sweep” GRNC-PVF has ever managed.

RACES

CONGRESSIONAL RACES

Frankly, with your help the GRNC Political Victory Fund kicked butt. In congressional races, the three districts in which GRNC-PVF was active, all saw pro-gun victories, with Richard Hudson (USH-08, GRNC ****), Mark Meadows (USH-11, ****) and George Holding (USH-13, ****) all winning their races. There may yet be a 4th victory, with the race in USH-07 being still too close to call. Unfortunately, the NRA endorsed anti-gun incumbent Mike McIntyre (GRNC **, with a pro-gun voting record of only 74%) against GRNC-recommended challenger David Rouzer, whose 100% pro-gun voting record in the NC Senate earned GRNC’s highest 4-star (****) evaluation. NRA members should contact the organization and ask them why they might have helped to re-elect an anti-gun incumbent against a superior challenger.

GOVERNOR & NC COUNCIL OF STATE RACES

In the governor’s race and NC Council of State races relevant to gun rights, you were tentatively 3 for 3, with Governor Pat McCrory, Lt. Gov. Dan Forest and conservative Supreme Court Justice Paul Newby winning their races. (Note: As of this writing, Forest is ahead by only 0.2%, with opponent Linda Coleman not yet conceding.)

NC SENATE

An early analysis of General Assembly races indicates that of 35 NC Senate races in which GRNC-PVF made recommendations, 28 (80%) of the recommended candidates won. Of districts in which GRNC-PVF did mailings and/or robocalls in the General Election (in addition to primaries and runoffs), only one candidate lost. Big wins included Trudy Wade (NCS027, ****), Jeff Tarte (NCS027, ****) and Thom Goolsby (NCS009). These candidates will be leaders for your rights.

NC HOUSE

In the NC House, results were better still. GRNC-PVF made candidate recommendations in 70 races, helping to produce 58 winners (83%). Of the districts receiving mailings and/or robocalls, only one recommended candidate failed to win his race (a win rate of 88%). Notably, one Republican incumbent lost his reelection bid: Gaston Pridgeon (NCH046), who voted against gun owners in the last session of the General Assembly. Despite entreaties to mail for this RINO, GRNC-PVF not only refused the mailing, but also issued a recommendation that gun owners sit out the race. Pridgeon will not be missed.

NOW THE BAD NEWS …

As you are acutely aware, national results were not as satisfactory. Barack Obama, who stood before the world in the second presidential debate to call for re-implementation of the ban on semi-automatic firearms, saying he will “[see] if we can get an ‘assault weapons ban reintroduced”, will now have what he described to Russian President Dmitri Medvedev as “more flexibility.” What else “more flexibility” entails we will soon see.

HOW GRNC IS PREPARING

GRNC will be working to:

Reorient its efforts to provide greater focus on federal, as opposed to state issues;
Increase its size and effectiveness by running a membership drive;
Run a statewide petition to the NC congressional delegation opposing any restrictions on semi-automatic firearms or magazines.

HELP GRNC-PVF

GRNC is restricted by law from using organizational money to advocate the election or defeat of candidates, meaning GRNC-PVF must raise money separately from membership resources. GRNC-PVF depends on your contributions to run radio spots and do mailings. Again, because our effort is all-volunteer, we are able to put your money to more efficient, effective use than any other organization.

Please contribute to GRNC-PVF by going to:

http://www.grnc.org/grnc-pvf/donate-to-grnc-pvf

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Grass Roots North Carolina Candidate Evaluations

October 6, 2012 by

Grass Roots North Carolina has released their candidate evaluations for their “Remember in November” project. The full list can be found here and includes national, statewide, congressional, and NC House and Senate races.

The GRNC Political Victory Fund endorsements will be released on October 15th.

The GRNC candidate evaluations for statewide offices and congressional races can be seen below. To make them more readable, I have taken the liberty of reformatting the GRNC report.

Candidate Party Survey Vote Other Evaluation
Statewide
Races
Governor
Howe L 98 ****
McCrory R 86 ***
Dalton D NR 53 90 *
Lt Gov Forest R 96 ****
Coleman D NR 67 65 *
US House
1st Holloman L 98 ****
Butterfield D NR 50 0
Dilauro R NR 0
2nd Irving L 98 ****
Ellmers R 87 100 100 ****
Wilkins D NR 0
3rd Jones R 100 97 98 ****
Anderson D NR 0
4th D’Annunzio R 100 ****
Price D NR 0 28 0
5th Foxx R 100 100 98 ****
Motsinger D NR 0
6th Coble R 90 100 98 ****
Foriest D NR 80 ***
7th Rouzer R NR 100 100 ****
McIntyre D NR 74 90 **
8th Hudson R 100 ****
Kissell D NR 33 100 0
9th Pittenger R 91 100 95 ****
Campbell L NR 0
Roberts D NR 0
10th McHenry R 100 100 98 ****
Keever D NR 0 0
11th Meadows R 100 ****
Rogers D NR 0
12th Brosch R NR 0
Watt D NR 19 46 0
13th Holding R 95 ****
Malone D NR 0

From GRNC’s explanation of how to read their evaluations:

GRNC’s “Remember in November” project estimates candidates’ views on “assault weapons,” concealed handguns, gun storage laws, gun rationing, and the Second Amendment. THE EVALUATIONS HEREIN ARE NOT ENDORSEMENTS. We issued surveys first to a control group of gun owners and then to candidates. Next, we measured how closely each candidate’s views and voting record (if available) agree with the control group.  Pay more attention to voting records than survey results unless, of course, you believe politicians never lie.


“SURVEY”: The percentages listed depict agreement between a given candidate and our control group (e.g. an “80” under the “Survey” section means 80% of the candidate’s answers agreed with the Conservative Gun Owners). “NR” means the candidate failed to return the survey.


“VOTE”: Votes are more accurate than surveys and should be given more attention in determining candidate stance. Where available, this column indicates how often candidates’ votes agree with the control group of gun owners (e.g. a “90” under “Voting Record” indicates candidate’s voting record agrees 90% of the time with what was desired by control group).


“OTHER”: Derived from evaluations by other gun groups, bill sponsorship, etc.


“EVAL”: The evaluation is not a rating. It estimates percentage of time candidate is expected to agree with the Conservative Gun Owners. The maximum **** candidate tends to agree with conservative gun owners at least 90% of the time.


**** Expected to agree with conservative gun owners on at least 90% of gun issues
*** Expected to agree with conservative gun owners on at least 80% of gun issues
** Expected to agree with conservative gun owners on at least 70% of gun issues
* Expected to agree with conservative gun owners on at least 60% of gun issues

0 Expected to agree with conservative gun owners on less than 60% of gun issues or else candidate failed to return survey & insufficient information exists to make evaluation. Is he / she hiding something?

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GOA Grades For North Carolina

October 6, 2012 by

Because different gun rights organizations place different emphasis on things, I thought it would be useful to also provide the Gun Owners of America rankings for the North Carolina congressional races. It is also a response to one of the comments from yesterday’s post of the NRA-PVF endorsements/grades.

Here are the GOA-PVF grades for the North Carolina congressional races. One thing to notice is that they include all candidates on the ballot including Libertarians and known write-in candidates. Checking the list of GOA-PVF endorsements, at this time they have no endorsed candidates running in North Carolina.

U.S. HOUSE
DISTRICT
NAME
PARTY
RATING
1
Butterfield
D
F
1
DiLauro
R
NR
1
Holloman
L
A
2
Ellmers
R
A
2
Irving
L
A
2
Wilkins
D
NR
3
Anderson
D
NR
3
Jones
R
B
4
D’Annunzio
R
A
4
Price
D
F-
5
Foxx
R
A
5
Motsinger
D
F
6
Coble
R
A
6
Foriest
D
D
7
McIntyre
D
B
7
Rouzer
R
A
8
Foreman
WI
NR
8
Hill
L
NR
8
Hudson
R
A
8
Kissell
D
C-
9
Campbell
L
NR
9
Pittenger
R
A
9
Roberts
D
NR
10
Keever
D
F
10
McHenry
R
A
11
Meadows
R
A
11
Rogers
D
NR
12
Brosch
R
A
12
Watt
D
F
13
Holding
R
A
13
Malone
D
NR
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NRA Endorsements For North Carolina

October 5, 2012 by 5 Comments

The National Rifle Association Political Victory Fund released its endorsements as well as grades for candidates in North Carolina a few days ago.

For statewide races:

Statewide Elections

Governor
Pat McCrory (R)
Grade: A
Status: Candidate

Walter H. Dalton (D)
Grade: A
Status: Candidate
Lieutenant Governor
Dan Forest (R)
Grade: AQ Contact
Status: Candidate

Linda D. Coleman (D)
Grade: C-
Status: Candidate
Attorney General
*Roy Cooper (D)
Grade: A Contact
Status: Incumbent
Agriculture Commissioner
*Steven Troxler (R)
Grade: A Contact
Status: Incumbent

Walter Smith (D)
Grade: ?

For Congressional races:

District 1
Pete DiLauro (R)
Grade: AQ
    Status: Candidate    
*G.K. Butterfield (D)
Grade: D
    Status: Incumbent    
District 2
*Renee Ellmers (R)
Grade: A Contact
  Status: Incumbent    
Steve Wilkins (D)
Grade: ?
    Status: Candidate    
District 3
*Walter Jones (R)
Grade: A Contact
  Status: Incumbent    
Erik Anderson (D)
Grade: ?
    Status: Candidate    
District 4
Tim D’Annunzio (R)
Grade: AQ
    Status: Candidate    
*David Price (D)
Grade: F
    Status: Incumbent    
District 5
*Virginia Foxx (R)
Grade: A Contact
  Status: Incumbent    
Elizabeth Motsinger (D)
Grade: ?
    Status: Candidate    
District 6
*Howard Coble (R)
Grade: A Contact
  Status: Incumbent    
Tony Foriest (D)
Grade: D
    Status: Candidate    
District 7
David Rouzer (R)
Grade: A
    Status: Candidate    
*Mike McIntyre (D)
Grade: A Contact
  Status: Incumbent    
District 8
Richard Hudson (R)
Grade: A
    Status: Candidate    
*Larry Kissell (D)
Grade: A Contact
  Status: Incumbent    
District 9
Robert Pittenger (R)
Grade: A Contact
  Status: Candidate    
Jennifer Roberts (D)
Grade: ?
    Status: Candidate    
District 10
*Patrick McHenry (R)
Grade: A Contact
  Status: Incumbent    
Patsy Keever (D)
Grade: D
    Status: Candidate    
District 11
Mark Meadows (R)
Grade: AQ
    Status: Candidate    
Hayden Rogers (D)
Grade: A
    Status: Candidate    
District 12
Jack Brosch (R)
Grade: ?
    Status: Candidate    
*Melvin Watt (D)
Grade: F
    Status: Incumbent    
District 13
George Holding (R)
Grade: AQ Contact
  Status: Candidate    
Charles Malone (D)
Grade: ?
    Status: Candidate    

The NRA-PVF has included explanations on why they endorsed Rep. Larry Kissell (D-8) and Rep. Mike McIntyre (D-7). You can see that on the NRA-PVF webpage from the link above.

The one quibble I have with these grades is in the 11th Congressional District which just so happens to be my district. I don’t disagree with no endorsement nor do I disagree with the grade of AQ for Republican Mark Meadows. I do disagree with the grade of A for Democrat Hayden Rogers given that he has never held elective office. It is my opinion that it should be an AQ just like Mark Meadows. Rogers had served as Chief of Staff to Rep. Heath Shuler (D-11) and I’m guessing that is the basis for the grade.

An explanation of the grades:

What the Grades Mean:

The NRA-PVF is non-partisan in issuing its candidate grades and endorsements. We do not base our decisions on a candidate’s party affiliation, but rather on his or her record on Second Amendment issues. The NRA is a single issue organization. The only issues on which we evaluate candidates seeking elected office are gun-related issues.
A+ A legislator with not only an excellent voting record on all critical NRA issues, but who has also made a vigorous effort to promote and defend the Second Amendment.
A Solidly pro-gun candidate. A candidate who has supported NRA positions on key votes in elective office or a candidate with a demonstrated record of support on Second Amendment issues.
AQ A pro-gun candidate whose rating is based solely on the candidate’s responses to the NRA-PVF Candidate Questionnaire and who does not have a voting record on Second Amendment issues.
B A generally pro-gun candidate. However, a “B” candidate may have opposed some pro-gun reform or supported some restrictive legislation in the past.
C Not necessarily a passing grade. A candidate with a mixed record or positions on gun related issues, who may oppose some pro-gun positions or support some restrictive legislation.
D An anti-gun candidate who usually supports restrictive gun control legislation and opposes pro-gun reforms. Regardless of public statements, can usually be counted on to vote wrong on key issues.
F True enemy of gun owners’ rights. A consistent anti-gun candidate who always opposes gun owners’ rights and/or actively leads anti-gun legislative efforts, or sponsors anti-gun legislation.
? Refused to answer the NRA-PVF Candidate Questionnaire, often an indication of indifference, if not outright hostility, to gun owners’ and sportsmen’s rights.
endorsedBadge Indicates an NRA Endorsed Candidate
* indicates an incumbent running for re-election
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Another GRNC-PVGF Recommendation

July 5, 2012 by 1 Comment

The Grass Roots North Carolina Political Victory Fund has recommended Tony Gurley for Lt. Governor in the Republican run-off primary. He faces fellow Republican Dan Forest. The primary is July 17th and early voting has started.

More on Gurley can be found here at his campaign website.

I took advantage of the early one-stop voting on Tuesday. If my experience is typical, turnout for this second primary will be very low. I spoke with one of the poll workers who said very few people had come in so far to vote. My ballot contained just five races and only two were what I’d call major positions – Congress and Lt. Governor. Thus, I think if enough gun owners who are Republicans get out and vote in the second primary they may well provide the margin of victory to the winners.

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GRNC Recommendations For The NC Runoff Primary

June 29, 2012 by

The Grass Roots North Carolina Political Victory Fund issued four recommendations for the upcoming July 17th runoff primary.

GRNC-PVF CANDIDATE RECOMMENDATIONS

US House District 8 Republican primary: GRNC-PVF recommends you vote for SCOTT KEADLE for Congress. Keadle earned GRNC’s highest 4-star evaluation and will be a leader in defending your rights. Keadle has a long history of bucking the “establishment” GOP and will represent you, not the status quo.

US House District 9 Republican primary: GRNC-PVF recommends you vote for ROBERT PITTENGER for Congress. Pittenger built a 100% pro-gun voting record in the NC Senate, earning GRNC’s highest 4-star evaluation (****). Opponent Jim Pendergraph (GRNC 0-star) claims to be a Second Amendment supporter. But during his tenure as Mecklenburg County Sheriff, he obstructed pistol permits and refused to sign Form 4s for Title II firearms.

US House District 11 Republican primary: GRNC-PVF recommends you vote for MARK MEADOWS for Congress. With a perfect 100% on GRNC’s gun rights candidate survey, Meadows earned GRNC’s highest 4-star evaluation (****) and has made defense of the Second Amendment a pillar of his campaign.

NC Senate District 41 Republican primary: GRNC-PVF recommends you vote for JEFF TARTE for NC Senate. Through his actions as mayor of the town of Cornelius and his GRNC candidate survey, Tarte earned GRNC’s highest 4-star evaluation and has vowed to sponsor pro-gun legislation once elected. He has also promised to buck Senate leadership if necessary to advance the cause of gun rights – something which has proven painfully necessary in the recent session of the legislature.

Early voting began yesterday and July 10th is the last day to request an absentee ballot in writing. For more information on Early Voting Sites, go to this website. It should be noted that Early Voting Sites are not always open five days a week.

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North Carolina Will Not Appeal Bateman Ruling

May 8, 2012 by

The state of North Carolina will not be appealing their loss in Bateman v. Perdue which found the emergency powers ban on off-premises firearms and ammunition to be unconstitutional. In speaking with Alan Gottlieb at the NRA Annual Meeting, I got the impression that it would be OK with the Second Amendment Foundation if North Carolina did appeal. The rationale is that a win in the 4th Circuit would help to expand Second Amendment rights beyond just the state borders of NC. As it is, while Bateman is a welcome win and will be cited in future cases involving the Second Amendment, it does not carry the same weight as if the ruling came from the Court of Appeals.

The Second Amendment Foundation released the following statement regarding North Carolina’s decision not to appeal the ruling.

BELLEVUE, WA – North Carolina’s failure to appeal a federal judge’s ruling that struck down the state’s emergency power to ban firearms and ammunition outside the home during a declared emergency adds one more Second Amendment victory to the court record being established by the Second Amendment Foundation.

“When the anti-gun lobby claims that courts have not struck down any laws on Second Amendment grounds,” noted SAF founder and Executive Vice President Alan Gottlieb, “they deliberately ignore the fact that the District of Columbia’s handgun ban was overturned. Likewise, Chicago’s ban was stricken by McDonald v. City of Chicago, as was the city’s ban on gun ranges. Maryland’s draconian regulations on concealed carry were struck down, and so was the Massachusetts ban on firearms ownership by legal alien residents. Part of Omaha’s registration law was overturned, and now North Carolina’s emergency powers gun ban has fallen.

“All but one of those cases,” he added, “were filed by SAF, and in the Heller case against Washington, D.C.s ban, SAF filed an important amicus brief.”

Gottlieb said North Carolina’s decision not to appeal their loss, “frees the foundation to file more legal actions against cities and states that still have laws on the books that violate our constitutional rights.” There are now at least six federal court victories to SAF’s credit, knocking down laws that infringed on Second Amendment rights, and Gottlieb is confident more are coming.

“The North Carolina case should send a message to other states and municipalities with similar emergency powers laws that violate civil rights that they should remove those restrictions immediately,” he stated.

“I want to thank our plaintiffs, our legal team, our staff and in particular, our members and donors who have made all of these victories possible,” Gottlieb said. “Three of these victories, including Bateman v. Purdue in North Carolina, affirm that the Second Amendment doesn’t stop at your front door, like the gun prohibition lobby claims.

“Winning firearms freedom one lawsuit at a time is a long, slow and expensive process, but SAF is committed to it,” he concluded.