North Carolina

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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.

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NRA-PVF Endorsements And Rankings For North Carolina

April 23, 2012 by 1 Comment

The NRA Political Victory Fund released its 2012 primary endorsements for North Carolina on April 19th. They only released grades and endorsements in selected races for the US House of Representatives.

A major omission is the race for Governor of North Carolina. In 2008, the NRA-PVF endorsed current Gov. Bev Perdue (D-NC) who has decided not to run for re-election given her poor chances of being re-elected.

The endorsement that I find most interesting is that for Hayden Rogers (D) in the North Carolina 11th Congressional District. Incumbent Rep. Heath Shuler (D-NC-11) decided not to seek re-election after his district was redrawn. Rogers has served as Chief of Staff to Shuler for the last six years and in that position presumably worked closely with the gun rights groups that Shuler supported.

Here are the grades and endorsements. I have put the endorsed candidates in BOLD.

District 2
Republican Primary

Renee Ellmers (R)
Grade: A
Status: Incumbent

Sonya Holmes (R)
Grade: ?
Status: Candidate

Clement F. Munno (R)
Grade: ?
Status: Candidate

Richard Speer (R)
Grade: AQ
Status: Candidate

District 3
Republican Primary

Walter Jones, Jr. (R)
Grade: A
Status: Incumbent

Frank Palombo (R)
Grade: AQ
Status: Candidate

District 6
Republican Primary

Howard Coble (R)
Grade: A
Status: Incumbent

Bill Flynn (R)
Grade: AQ
Status: Candidate

Billy Yow (R)
Grade: AQ
Status: Candidate

District 8
Democratic Primary

Larry Kissell (D)
Grade: A
Status: Incumbent

Marcus W. Williams (D)
Grade: F
Status: Candidate

District 9
Republican Primary

Robert Pittenger (R)
Grade: A
Status: Candidate

Dan Barry (R)
Grade: A
Status: Candidate

Andy Dulin (R)
Grade: AQ
Status: Candidate

Jon Gauthier (R)
Grade: ?
Status: Candidate

Ric Killian (R)
Grade: A-
Status: Candidate

Ken Leonczyk (R)
Grade: AQ
Status: Candidate

Richard Lynch (R)
Grade: AQ
Status: Candidate

Edwin B. Peacock III (R)
Grade: A-
Status: Candidate

Jim Pendergraph (R)
Grade: AQ
Status: Candidate

Michael Shaffer (R)
Grade: AQ
Status: Candidate

Mike Steinberg (R)
Grade: AQ
Status: Candidate

District 10
Republican Primary

Patrick McHenry (R)
Grade: A
Status: Incumbent

Ken Fortenberry (R)
Grade: AQ
Status: Candidate

Don Peterson (R)
Grade: AQ
Status: Candidate

District 11
Republican Primary

Spence Campbell (R)
Grade: ?
Status: Candidate

Susan Harris (R)
Grade: ?
Status: Candidate

Jeff Hunt (R)
Grade: AQ
Status: Candidate

Mark Meadows (R)
Grade: AQ
Status: Candidate

Vance Patterson (R)
Grade: AQ
Status: Candidate

Chris Petrella (R)
Grade: AQ
Status: Candidate

Kenny West (R)
Grade: ?
Status: Candidate

Ethan Wingfield (R)
Grade: AQ
Status: Candidate

District 11
Democratic Primary

Hayden Rogers (D)
Grade: A
Status: Candidate

Cecil Bothwell (D)
Grade: F
Status: Candidate

Tom Hill (D)
Grade: ?
Status: Candidate

District 13
Republican Primary

Paul Coble (R)
Grade: AQ
Status: Candidate

George Holding (R)
Grade: AQ
Status: Candidate

Bill Randall (R)
Grade: AQ
Status: Candidate

District 13
Democatic Primary

Bernard A. Holliday (D)
Grade: F
Status: Candidate

Charles Malone (D)
Grade: ?
Status: Candidate

Here is an explanation of what the grades mean as described by the Political Victory Fund.

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.

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Will Bateman Be Appealed?

March 30, 2012 by

Yesterday after the ruling in Bateman et al v. Perdue et al was released, I reached out to the public information officers for Gov. Beverly Perdue (D-NC) and the North Carolina Attorney General’s Office for their response. Specifically, I asked if they planned to appeal the ruling and if they had any comment on the ruling. I was fortunate to get responses from both offices.

From Noelle Talley, Public Information Officer, NC Department of Justice:

Attorneys with our office are currently reviewing the judge’s ruling. No decision has been made yet on an appeal.

Meanwhile, Mark Johnson of Gov. Perdue’s office had this to say:

Governor Perdue’s executive orders already address this issue – and will in the future – by including the following language:

This order is adopted pursuant to my powers under Article 1 of Chapter 166A of the General Statutes and under Article 36A of Chapter 14 of the General Statutes. It does not trigger the limitations on weapons in G.S. § 14-288.7 or impose any limitation on the consumption, transportation, sale or purchase of alcoholic beverages.

The legislature would have to make any change in the statute.

If one goes by what the Attorney General’s Office says, there remains some possibility of an appeal. However, my reading of the response from Gov. Perdue’s office seems to indicate that they don’t plan any appeal. My feeling is that it won’t be appealed.

After the heat that Perdue took over earlier Executive Orders declaring states of emergency, she has started to include the language stated above in her Executive Orders. Unfortunately, until Judge Malcolm Howard found them unconstitutional, any declaration of a state of emergency under Article 36A of Chapter 14 of the NC General Statutes did trigger the firearms prohibitions regardless of what modifying language the governor put in them. While she may have thought she addressed that issue, she did not as there was never a provision to exempt the gun bans on the governor’s say-so.

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Restaurant Carry In NC – Time For Action On HB 111

March 7, 2012 by

HB 111 which would allow concealed carry in restaurants and eating establishments that serve alcohol has passed the NC State House. However, it has languished in the State Senate. The General Assembly will reconvene in about 6 weeks and it is time to get the attention of both the Republican and Democratic leadership.

For those that have Twitter accounts, Sean Sorrentino has set up an easy way for you to send a message with a link to an account of a restaurant shooting. One of Sean’s good friends was a victim of that shooting but lived.

I would follow up with your own State Senator – even if they are anti-rights – with a direct email or letter. You can find address information for all Senators here. Just go to the pull-down menu in the upper right corner and select your State Senator.

The Republican leadership is reportedly scared of the bill due to some spurious poll supposedly showing a majority against it. It is time to put the pressure on them and remind them they need to get right with those who helped give them that majority – gun owners.

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

December 7, 2011 by 3 Comments

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

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

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


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

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

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

Con:
• Potential difficulty in enforcement.

 Asheville defines recreational facilities to include:

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

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

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

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

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

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

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

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

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North Carolina Gun Blogs

October 24, 2011 by

Thanks to the efforts of Sean Sorrentino, six North Carolina gun bloggers (and four other fine folks) got together for a day of pistol training at the TigerSwan Training Collaboration Center near Fayetteville, North Carolina. More about that in later posts.

One of the important things that came out of Saturday is the realization that there is a growing gun blogger community within North Carolina. In addition to Sean, whom I had met before, I got to meet George (Newbie Shooter), Paul (Arms are the Mark of a Free Man), Larry (Last Refuge of a Scoundrel), and Rich (Knitebane Manor). And with the exception of George, we all attended an open carry dinner in Garner afterwards.

In addition, I just corresponded with Ron at When the Balloon Goes Up! which is a new gun blog that is off to a well-deserved fast start. Of course, I had to find out about a North Carolina blog by reading a blog in Pennsylvania!

If you look in my sidebar, you will notice a new addition. Just below my Blog Archives you will find a new section entitled NC Gun Blogs. I want to bring attention to the growing and vital North Carolina gun blogging community. While this list is not complete, it does include those bloggers with whom I have either corresponded or met in person. I fully expect this list to grow. Indeed, if you are a gun blogger and you reside in North Carolina, let me know and I’ll add you to the list.

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Blaze Orange Requirements In North Carolina

October 6, 2011 by 4 Comments

Hunting seasons for various game animals have or are about to open in North Carolina. The North Carolina Wildlife Resources Commission is running a campaign called Home from the Hunt which reminds hunters of the blaze orange requirements while hunting.

RALEIGH, N.C. – The N.C. Wildlife Resources Commission’s Home From The Hunt safety campaign is reminding hunters of blaze orange requirements (also known as hunter orange, fluorescent orange or 10-mile cloth).

In North Carolina, hunters are required to wear a cap or hat of blaze orange color, or wear an outer garment such as a shirt or game vest in blaze orange that is visible from all sides, when hunting bear, feral hogs, deer, rabbit, squirrel, grouse, pheasant or quail with a firearm. Hunters also are required to wear blaze orange while hunting with a bow on Sunday during the muzzleloader or gun season.

The campaign also recommends anyone spending time outdoors in areas that see hunting activity to consider wearing blaze orange. Blaze orange clothing stands out against an outdoor background and studies have proven it increases visibility of the wearer in low light situations.

“Blaze orange signals ‘caution’ to the viewer,” said Travis Casper, assistant hunter education coordinator for North Carolina. “Wearing blaze orange is an important step for safety, because it alerts others to your presence with an instantaneous recognition.”

Blaze orange can also be helpful in locating someone lost or injured.

In North Carolina, all first-time hunting license buyers must successfully complete a Hunter Education Course, offered free across the state. Go to www.ncwildlife.org to consult the online version of the 2011-2012 N.C. Inland Fishing, Hunting and Trapping Regulations Digest or call 919-707-0031 for more information.

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NCGV – Don’t Be Like North Carolina

September 14, 2011 by 4 Comments

The Brady Campaign’s North Carolina front group, North Carolinians Against Gun Violence, is opposed to HR 822 – the National Right-To-Carry Reciprocity Act of 2011. They just sent out the Tweet seen below:

They don’t want the rest of the country to enjoy the same rights as North Carolinians come December 1st. For on that day, thanks to the passage of HB 650, North Carolina will recognize all out-of-state concealed handgun permits.

SECTION 22.(a) G.S. 14-415.24 reads as rewritten:
Ҥ 14-415.24. Reciprocity; out-of-state handgun permits.
(a) A valid concealed handgun permit or license issued by another state is valid in North Carolina if that state grants the same right to residents of North Carolina who have valid concealed handgun permits issued pursuant to this Article in their possession while carrying concealed weapons in that state.North Carolina.

I guess NCGV has their blinders on as they don’t see the hypocrisy in making such a statement.

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Wildlife Resources Public Hearings In North Carolina

September 8, 2011 by 1 Comment

The North Carolina Wildlife Resources Commission is holding public hearings across the state beginning this week and ending September 28th. They will be considering changes in fishing, hunting, and trapping regulations. Some of the changes are very minor but some are not. The full list of proposed regulation changes can be found here.

For example, under current NCWRC regulations you are virtually prohibited from being on Game Lands with a pistol over .22 LR outside of certain hunting seasons. Given that all National Forests in North Carolina are part of the Game Lands program, this means you could well be in violation of wildlife regulations if you went hiking in Pisgah National Forest and carried concealed. Proposed regulations change H8 would change this.

H8. Allow individuals who possess a valid concealed handgun permit to carry that handgun on wildlife conservation areas, boating access areas, fishing access areas and game lands, except for these game lands (and any boating or fishing access areas on them) which are exempted at the request of the landowner: Buckhorn, Harris, Sutton Lake, Mayo, Hyco, Lee, Chatham, Pee Dee River north of U.S. 74, Butner-Falls, Jordan, Vance, Kerr Scott, Dupont, Bladen Lakes and that portion of R. Wayne Bailey-Caswell that is north of U.S. 158 and east of N.C. 119. Also, allow hunters who possess a valid concealed handgun permit to carry that handgun while dog training and during the deer archery and muzzleloader seasons on both public and private lands.

Thus, even if you don’t hunt, fish, or trap but are a concealed carry holder, you have a definite interest in these public hearings. The National Forests in North Carolina comprise over 1.2 million acres of land including over a half million acres each for western NC’s Pisgah and Nantahala National Forests. That’s a lot of area to have excluded from where you can legally carry concealed.

If you can’t make the hearings, you can still submit comments by mail or online. The mail address is N.C. Wildlife Resources Commission at 1701 Mail Service Center, Raleigh, N.C. 27699-1701.