North Carolina General Assembly

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On Keeping Gun Permit/CHP Data Private In North Carolina

March 4, 2013 by 2 Comments

There are currently two bills before the North Carolina General Assembly that would keeping pistol purchase permit and Concealed Handgun Permit data private. They are HB 17 which deals with confidentiality and restaurant carry and SB 28 which deals strictly with confidentiality.

Two weeks ago, the Senate Judiciary II Committee held hearings on SB 28. This bill is strongly supported by both gun rights groups such as Grass Roots North Carolina and the NC Sheriffs Association. On the other side is the NC Press Association which wants to keep this data as a public record and accessible through freedom of information requests.

Below is a report on the hearing from the NCSA Weekly Legislative Report dated February 22nd.


Gun Permit Records

The Senate Judiciary II Committee had a lively deba
te this week but didn
‘t vote on a bill that
would exempt pistol purchase permits, concealed
carry permits, and pistol sales records from
disclosure under the public records law. Under Senate Bill 28, the information would be available
only upon request of law enforcement
agencies or by court order, while exempting it from the Public
Records Act. The legislation wouldn’t apply to
long guns and other rifles because those weapons
don’t require purchase permits.

The bill sponsor, Senator Stan Bingham, said th
e measure was aimed at reducing gun thefts.
He argued that criminals may target homes wher
e they know there are guns for the taking. Gregg
Stahl, Director of Government Relations for the
N.C. Sheriffs’ Association, told the legislative
committee that sheriffs across the state have also
heard from residents w
ho don’t own guns who fear
they would be targeted for thefts
as well. “The list of gun owners
also tells us where there are no
guns,” Stahl said.

Opponents argued that they had seen no data to suggest that criminals are using public
information about gun ownership to help commit crimes. John Bussian, a lobbyist for the N.C. Press
Association, told the committee that he was opposing “yet another government records secrecy bill.”
Some of the best media reporting across the count
ry on the flow of arms, he said, has been done
using the types of records that the bill would exempt from the Public Records Act.

But others, including lobbyists for the N.C. Ri
fle and Pistol Association and the N.C.
Firearms Dealers Group, supported the bill. Michael
Mann of the Rifle and Pi
stol Association said he believed there was “no legitimate reason” for anyone to have access to detailed information about
gun owners. Professional burglars, he said, look for items they can steal and dispose of quickly,
such as cash, jewelry and guns.

The Charlotte Observer has noticed this fight. They published a long article on it along with an editorial opposing this bill.  I will have more on that in a later post.

As to the pistol purchase permits themselves, I’d like to see them eliminated. They are a relic of Jim Crow laws in North Carolina. The permit was instituted in 1919 and was a way to allow racist sheriffs to keep handguns out of the hands of blacks.

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GRNC Releaes Analysis Of NC Gun Legislation

March 4, 2013 by 1 Comment

Grass Roots North Carolina has released an analysis of the firearms-related legislation that have been introduced in the North Carolina General Assembly so far this session. Their analysis also indicates their support, opposition, or a neutral or non-position on a bill.


NC Gun Legislation Analysis

GRNC offers apologies that the intense activities surrounding state and national legislation have delayed our legislative update to members. In particular, we have been inundated with emails regarding SB 124:
“Shoot Gun From Inside/To Harm or Incite Fear.” A more detailed analysis is below, but the short answer is that although the bill does not present a danger to Castle Doctrine or lawful self-defense, it is still a bad bill as written.

GRNC-initiated legislation:

We have been working hard with sponsors and leadership of both chambers to introduce legislation which will:

(1) Expand concealed carry onto campuses more completely thanany of the bills thus far introduced;
(2) Expand concealed carry into restaurants and other areas
(3) Put “teeth” into our statewide firearms preemption law, which local governments seem to think they are free to ignore;
(4) Clean up flaws in concealed handgun application procedures; and finally
(5) Two other significant advancements which we will not announce before introduction.

Several of the bills have been sent to drafting and will be filed next week. We will be asking you to contact your state House and Senate reps to encourage them to cosponsor the bills as they are filed, so please keep an eye on GRNC alerts.

Senate:

SB 17: “Concealed Handgun Permits/Validity” (Bingham). This bill would stop non-resident permits from being recognized in NC. For example, a resident of Vermont, which has constitutional carry but does not issue CHPs, who gets a permit from Florida in order to carry in other states, would not be able to do so in NC.

Introduced by Sen. Stan Bingham in response to complaints by the sheriff of Davidson County that Virginia permits, issued via online procedures, were being used in his county, GRNC opposes the bill as potentially damaging our concealed handgun reciprocity agreements with other states. Additionally, while some procedures are accomplished online in Virginia, criminal background check requirements are being done.

We have met with Sen. Bingham, and he expressed that he was not interested in running a bill which would damage reciprocity, suggesting he will not push for a hearing on the bill. If it is scheduled for a hearing, we will issue appropriate alerts. Meanwhile, please contact Sen. Bingham and POLITELY express that unintended consequences mean this bill should be shelved.

SB 27: “Public School Protection/Firearm Amendments” (Bingham). Establishes a procedure for local school board to opt for armed “school safety marshals” who would apply and be trained under standards set by the school board. Due to the limited nature of the bill, GRNC takes no position at this time but could eventually support it if more extensive measures cannot be passed.

SB 28: “Gun Permit Information/No Publication”(Bingham). Removes concealed handgun permit and handgun purchase permit records from public record, preventing abuses of the information by media outlets such as those by the “Journal News,” WRAL-TV and “The New York Times.” GRNC supports the bill.

SB 59: “Armed Security Guards in K-12″(Rabin). Would establish statewide standards for armed security guards in schools. Due to its limited nature, GRNC takes no position on the bill at this time but could eventually support it if more extensive measures cannot be passed.

SB 124: “Shoot Gun From Inside/To Harm or Incite Fear” (Brunstetter). GRNC has received numerous emails from gun rights supporters opposing the bill. When it was introduced, we passed it to our “gun-friendly lawyer” network for review. Although a casual glance would suggest it undermines lawful self-defense, the “willfully and wantonly” language actually exempts such cases. For an analysis, go here. There are, however, serious problems with the bill which could criminalize otherwise lawful firearms activities. In its present form, GRNC opposes the bill.

As Sen. Brunstetter notes, the bill originated from an incident in which an individual shot televisions inside a Kernersville Wal-Mart, narrowly missing customers, but due to statutory peculiarities, could only be prosecuted under misdemeanor statutes. We had a cordial meeting with Brunstetter and staff on Wednesday to give him our requirements for the bill. He agreed to several immediately, and is reviewing others. We expect to have word this week. At that point, we will decide what further actions, if any, are necessary.

SB 146: “Private Schools/Firearms Amendments” (Brock, Bingham, Hise). Would enable governing bodies of private schools to authorize employees or volunteers who have concealed handgun permits and take an additional 8 hours of NRA training to carry firearms. Because this is a broader bill than the others so far introduced, GRNC supports the bill.

House:

HB 17: “Gun Permits/Restaurants & Confidentiality” (Burr, Hager, Hollo, Bell). The restaurant carry language of the bill is identical to what GRNC drafted in HB 111, which failed to pass the Senate last year. The second section removes handgun purchase permit and concealed handgun permit information from public record. GRNC supports the bill.

HB 49: “Firearm in Locked Motor Vehicle/Parking Lot” (Shepard). This bill is identical to language drafted by GRNC and others which was stripped from HB 650 in the last session and would enable concealed handgun permit-holders to keep firearms in locked motor vehicles at places of employment. GRNC supports the bill.

Summary:

This week will see the introduction of GRNC-initiated legislation, so please monitor alerts. Depending on Brunstetter’s changes to SB 124, we might also demand action on the bill.

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Update On North Carolina Firearms-Related Legislation

February 25, 2013 by

Since my first post on gun rights related legislation introduced in this session of the North Carolina General Assembly, a few more bills have been introduced. I have covered some of them in detail in other posts so this will be just a list of the highlights.

HB 63 – Support Right to Bear Arms.
This bill expresses the General Assembly’s support of the inalienable
right of the people of this State to keep and bear arms and opposes any infringement by the
federal government in the State’s right to guarantee the protection of the right of the people of
this State to keep and bear arms.
Primary Sponsor: Speciale (R-Craven)
Other Sponsors: Arp (R-Union); J. Bell (R-Wayne); R. Brawley (R-Mecklenburg); Bumgardner (R-Gaston); Cleveland (R-Onslow); Conrad (R-Forsyth); Dixon (R-Duplin); Ford (R-Rowan); Iler (R-Brunswick); Jones (R-Rockingham); Jordan (R-Ashe); Martin (R-Pitt); McElraft (R-Carteret); McNeill (R-Randolph); Millis (R-Pender); Moffitt (R-Buncombe); Pittman (R-Cabarrus); Presnell (R-Yancy); Riddell (R-Alamance); Saine (R-Lincoln); Schaffer (R-Mecklenburg); Setzer (R-Catawba); Shepard (R-Onslow); Starnes (R-Caldwell); Steinburg (R-Chowan); Stone (R-Lee); Turner (R-Iredell); Warren (R-Rowan); Whitmire; (R-Transylvania)


SB 59 – Armed Security Guards in K-12.
This bill would allow armed security guards in schools if they had passed the selection and training requirements for state law enforcement officers in all schools, it would order the NC Sheriffs’ Education and Training Standards Commission to develop a curriculum to be administered to armed security guards by the various sheriffs’ offices, and would allow for the waiver of certain concealed carry requirements for armed security guards who met certain requirements.
Primary Sponsor: Sen. Ronald Rabin (R-Harnett)
Other Sponsor: Sen. Norman W. Sanderson (R-Pamlico)


SB 124 – Shoot Gun From Inside/To Harm or Incite Fear.
This bill would make it a Class E Felony to discharge a firearm within an enclosure for the purpose of causing harm or inciting fear.
Primary Sponsor: Sen. Peter Brunstetter (R-Forsyth) 


I wrote about SB 124 this weekend and called it North Carolina’s “Don’t Be A Joe Biden” law. Read the comment from Sean Sorrentino on it in my post. SB 59 seems to be a complement to SB 27 which would allow for the position of School Marshal. It seems that it seeks the same end – armed guards in schools – but from a different angle. Finally, HB 63 follows the trend in some other states of stating that they won’t stand for Federal infringements of the Second Amendment in new gun control legislation.

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Don’t Be A Joe Biden Law Introduced In NC State Senate

February 24, 2013 by 5 Comments

NC State Senator Peter Brunstetter (R-Forsyth) has introduced S. 124 which could be very well be renamed “The Don’t Be A Joe Biden” Law. The actual working title is “Shoot Gun From Inside/To Harm or Incite Fear”.

On Tuesday, Vice-President Joe Biden gave the following advice on a Facebook forum sponsored by Parents Magazine. It was in response to a question about families being left defenseless if a new assault weapons (sic) ban is passed.

“Kate,” he said, “if you want to protect yourself, get a double-barrel shotgun, have the shells, a 12-gauge shotgun.”

It turns out that this is the same advice he gave his own wife on how to defend their home in rural Delaware.

“I said, ‘Jill, if there’s ever a problem, just walk out on the balcony here. Walk out and put that double-barrel shotgun and fire two blasts outside the house’ … You don’t need an AR-15—it’s harder to aim … It’s harder to use, and in fact you don’t need 30 rounds to protect yourself. Buy a shotgun! Buy a shotgun!”

Of course it is stupid advice to tell someone to fire any firearm into the air as a warning. 

S. 124 would make it a Class E felony to fire a gun from inside a structure so as to “incite fear”.

A BILL TO BE ENTITLED

AN ACT TO MAKE IT A CRIMINAL OFFENSE TO DISCHARGE A FIREARM FROM WITHIN AN ENCLOSURE WITH THE INTENT TO DO HARM OR INCITE FEAR.

The General Assembly of North Carolina enacts:
SECTION 1. Article 8 of Chapter 14 of the General Statutes is amended by adding a new section to read:
Ҥ 14-34.10. Discharge firearm within enclosure to do harm or incite fear.
Unless covered under some other provision of law providing greater punishment, any person who willfully or wantonly discharges or attempts to discharge a firearm within any building, structure, motor vehicle, or other conveyance, erection, or enclosure with the intent to do harm or incite fear shall be punished as a Class E felon.”
SECTION 2. This act becomes effective December 1, 2013, and applies to offenses committed on or after that date.

I have no idea whether this bill will become law. While I enjoy tweaking the Vice-President, I could see an over-zealous prosecutor using this to weaken the protections afforded by the Castle Doctrine.

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Majority Of North Carolinians Support Armed Guards In Schools

February 10, 2013 by



A new poll conducted by the High Point University Survey Research Center found that a clear majority of North Carolinians approve of armed guards in schools. The survey conducted between January 27th and 31st surveyed 668 residents of North Carolina and has a 3.8 +/- margin of error.

The poll asked two questions regarding education and school safety. The first question asked whether the respondents felt that schools were more safe or less safe than they were ten years ago. A plurality of those surveyed – 42% – felt schools were less safe while 34% thought they were more safe. 24% of those surveyed thought there was no difference or didn’t know.

The poll then asked the following:

Some people support hiring more armed guards to help keep schools safe,
but other people have said that is not necessary. Do you think all
schools should hire armed guards?

55% of those surveyed thought all schools should have armed guards. This was the position of the National Rifle Association that many in the media as well as the President dismissed.

41% thought that not all schools should have armed guards. Notice this is different from no school should have armed guards. While the poll didn’t ask a follow-up question on this response, it would have been interesting to know how many in this 41% thought no schools should have armed guards versus those who felt that certain schools might need armed guards.

These results provide backing for the supporters of SB 27 in the North Carolina State Senate which would establish the position of school safety marshal. These would be specially trained persons permitted to carry firearms in schools.

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SB 60 – The Opossum Right-to-Work Act

February 7, 2013 by 1 Comment

If a bill passes the North Carolina General Assembly, the Possum Drop in Brasstown will be able to resume the New Year’s Eve tradition with a real, live opossum. Senators Jim Davis (R-Macon) and Stan Bingham (R-Davidson) have are the co-primary sponsors of SB 60. The bill is entitled “The Opossum Right-to-Work Act”.

From the Asheville Citizen-Times:

With North Carolina’s legislature taking up a bill involving the fate of captive marsupials, a pair of lawmakers figured they might as well have some fun.

The “Opossum Right-to-Work Act” introduced Wednesday in the state Senate is identical to a House bill introduced earlier this week—except for the tongue-in-cheek title.

The measure gives the state Wildlife Resources Commission the explicit authority to permit the organizer of a New Year’s Eve Possum Drop to display a wild-caught animal. By tradition, the trapped opossum is suspended in a tinsel-covered box and gently lowered to the ground at midnight, then released.

Sen. Davis who represents that part of North Carolina said the Possum Drop was important to his constituents. The bill is designed to “to get these people (PETA) off their backs.”

The bill would rewrite sections of GS 113-272.5(a) and GS G.S. 113-274(c) to allow the Wildlife Resources Commission to issue permits to temporarily allow the possession of wild animals or wild birds for “scientific, educational, or exhibition purposes”.

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First Firearms-Related Bills Introduced In NC General Assembly

February 1, 2013 by 6 Comments

A number of bills concerning firearms rights have been introduced in the last couple of days in the North Carolina General Assembly as it starts its new session. The firearms bills in this session will probably be more evolutionary than revolutionary as the Castle Doctrine, universal reciprocity, and parks carry were passed in the last session. Restaurant carry made it through the State House last session but ran out of time in the State Senate. That is addressed in a new bill in the State House as well as the confidentiality of concealed handgun permit holders. While it hasn’t been introduced yet, I fully expect a bill to be introduced to clarify the language of parks carry to prevent cities like Winston-Salem from perverting the intent of the bill.

With one exception, the bills below are favorable towards gun rights. The one exception is a bill that would curtail the universal reciprocity by only recognizing carry permits held by residents of the state that issued it. Non-resident permits would not be recognized for reciprocity under the bill. Sean Sorrentino has much more on this backwards step.

State House

HB 17 – Gun Permits/Restaurants and Confidentiality
This bill would allow concealed handgun permit holders to carry in eating establishments and restaurants unless the restaurant or eating establishment had been posted by the owner prohibiting carry. Unlike last year, it does not include the prohibition against consumption of alcohol. This bill would also make the list of permit holders and their application information confidential. It would only be available to law enforcement and would no longer be public data.
Primary Sponsors: Rep. Burr (R-Stanley), Hager (RR-Rutherford), Hollo (R-Alexander), and J. Bell (R-Wayne)
Other Sponsors: Rep. Arp (R-Union); Blust (R-Guilford); W. Brawley (R-Mecklenburg); Brody (R-Union); R. Brown (R-Davidson); Bumgardner(R-Gaston); Cleveland (R-Onslow); Collins (R-Nash); Fulghum (R-Wake); Hardister (R-Guilford); Holloway (R-Stokes); Horn (R-Union); Iler (R-Brunswick); Jones (R-Rockingham); Jordan (R-Ashe); Martin (R-Pitt); McElraft (R-Carteret); McGrady (R-Henderson); McNeill (R-Randolph); Millis (R-Pender); Moffitt (R-Buncombe); Pittman (R-Cabarrus); Saine (R-Lincoln); Schaffer (R-Mecklenburg); Setzer (R-Catawba); Shepard (R-Onslow); Speciale (R-Craven); Starnes (R-Caldwell); Steinburg (R-Chowan); Stone (R-Lee); Szoka (R-Cumberland); Torbett (R-Gaston); Warren (R-Rowan); 

HB 49 – Firearm in Locked Motor Vehicle/Parking Lot
This bill provides that no business, commercial enterprise, or employer may prohibit the transportation or possession of firearms and ammunition when kept out of sight in a locked motor vehicle. Among other provisions it releases the business, commercial enterprise, or employer from civil liability for damages from another person’s actions involving a firearm or ammunition stored in a locked car that complied with state law.
Primary Sponsor: Rep. Shepard (R-Onslow)
Other Sponsors: Rep. McElraft (R-Carteret; Pittman (R-Cabarrus); Warren (R-Rowan)

State Senate

SB 17 – Concealed Carry Permits/Validity
This bill would not provide reciprocity for any carry permit held by a person who was not a resident of the issuing state. 
Primary Sponsor: Sen. Stan Bingham (R-Davidson)


SB 27 – Public School Protection/Firearm Amendments
This bill would create school safety marshals. These would be persons certified by the NC Criminal Justice Education and Training Standards Commission and designated by local school boards or boards of directors of charter schools to possess and carry firearms on school property. The intent of the bill is to provide additional protection for students and staff.
Primary Sponsor: Sen. Stan Bingham (R-Davidson)
Other Sponsors: Sen. Andrew C. Brock (R-Davie); Bill Cook (R-Beaufort); Warren Daniel (R-Burke); Clark Jenkins (D-Edgecombe); E. S. (Buck) Newton (R- Johnston); Norman W. Sanderson (R-Pamlico); Jerry W. Tillman (R-Randolph); 

 SB. 28 – Gun Permit Information/No Publication
This bill would provide for the confidentiality of concealed handgun permits and pistol purchase permits. The information would only be available upon request to law enforcement agencies and to the courts or other appropriate parties in response to either a subpoena or court order.
Primary Sponsor: Sen. Stan Bingham (R-Davidson)
Other Sponsors: Sen. Tom Apodaca (R-Henderson); Chad Barefoot (R-Wake); Andrew C. Brock (R-Davie); Bill Cook (R-Beaufort); Ralph Hise (R-Mitchell); Brent Jackson (R-Sampson); Clark Jenkins (D-Edgecombe); E. S. (Buck) Newton (R-Johnston); Norman W. Sanderson (R-Pamlico); Trudy Wade (R-Guilford);

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NC Second Amendment Freedom Rally Is On Feb. 5th

January 21, 2013 by 1 Comment

Grass Roots North Carolina has announced that the Second Amendment Freedom Rally has been rescheduled until February 5th. This is due to the North Carolina General Assembly being adjourned until the end of the month. The rally had been scheduled for January 23rd.

Let legislators where you stand!

Important note: This rally was rescheduled from January 23 due to the legislature unexpectedly adjourning until the end of the month. We want them to see you there!

RALLY DETAILS
WHAT: This is the revised information for the Second Amendment Freedom Rally at the General Assembly in Raleigh. It’s your chance to DO SOMETHING TO DEFEND YOUR RIGHTS.

WHEN: Tuesday, February 5, at 12:00 noon. Sure, it’s mid-day of the work week; just do what it takes to be there! Make your arrangements now! This is the only time when we can be sure that legislators will see you and get your message: “NO COMPROMISE ON GUN RIGHTS!”

WHERE: Halifax Mall between the Legislative Building and the Legislative Office Building in Raleigh. The General Assembly is at 16 West Jones Street, Raleigh, NC 27601.

WHY: Your Constitutional rights depend on it.

HOW: Immediately send a message to FreedomRally@GRNC.org using the subject “_____people will attend,” indicating how many, including yourself, you will bring. If you responded to the earlier announcement, you will need to respond again. This email address is not for information; do not put anything into the body of the message.

Speakers and agenda will be announced in coming days, along with additional details, relevant regulations, parking, etc.—but first we must know how many will be coming. Bring your like-minded friends. Show our numbers; show our strength!

NOTE: *FIREARMS ARE PROHIBITED BY LAW AT THE GENERAL ASSEMBLY*.

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NC General Assembly Speaker Pro-Tem Race

November 19, 2012 by 1 Comment

It appears that there is a three-way race among Republicans in the North Carolina State House to be elected Speaker Pro-Tem which is the number two position. The race is between House Majority Leader Paul Stam, Rep. Bert Jones, and Rep. Julia Howard. Stam was instrumental in attempts to weaken the Castle Doctrine passed in the last session among other things.

Grass Roots North Carolina has issued an alert on the race and is asking that people write Speaker Thom Tillis to urge his support for Rep. Bert Jones who is strongly pro-gun.


As you will recall, House Majority Leader and current candidate for the Speaker pro tem position, Rep. Skip Stam (R, GRNC **) earned “Weasel” status last year by undermining pro-gun legislation through outright opposition and support of weakening amendments. His attempt to gut Castle Doctrine and successful removal of HB 650 language that would have allowed guns in locked vehicles at places of employment will not be forgotten.

Fate has smiled upon NC gun-owners in the form of Pro-gun challenger Rep. Bert Jones (R, GRNC ****) who vies with Stam for the No. 2 position in the NC House: Speaker pro tem. Also in the race is Rep. Julia Howard (R, GRNC ****) who is also a better choice than Stam.

All NC gun owners should urge House Speaker Thom Tillis to support Jones’ bid for the pro tem position.

IMMEDIATE ACTION REQUIRED!

Email NC House Speaker Thom Tillis

Urge him to support Bert Jones for Speaker pro tem.

CONTACT INFO

Thom.Tillis@ncleg.net

DELIVER THIS MESSAGE

Suggested Subject: “Support Bert Jones for Speaker pro tem”

Dear Speaker Tillis,

As a North Carolina gun owner I am pleased that a pro-Second Amendment Representative is seeking the position of Speaker pro tem.

I urge you to support Rep. Bert Jones in his effort to win election to this important leadership position.

Sincerely,

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NRA-ILA On NC General Assembly Short Session

July 7, 2012 by

The NRA Institute for Legislative Affairs released a Legislative Alert this evening that summarized the wins – and losses – for gun rights in the “short session” of the North Carolina General Assembly. Their conclusion that this session fell short is on the mark given the bottling-up of HB 111 in the committee by the Republican leadership of the State Senate. The failure to pass HB 111 is one thing that cannot be blamed on the Democrats as the votes to pass this bill were there.

The North Carolina General Assembly adjourned on Tuesday, July 3, bringing an end to the “short session” of the 2011-2012 General Assembly. While the General Assembly made tremendous improvements for the pro-gun community during last year’s “long session”, the same cannot be said for their accomplishments in this year’s session. Raleigh did see passage of one pro-gun bill this year, however, another important piece of firearms legislation remained stalled in a Senate committee, which effectively killed that bill.

Unfortunately for gun owners, House Bill 111, which included language that would have removed the absolute prohibition on Right to Carry (RTC) permit holders carrying a concealed firearm into a restaurant licensed to sell alcohol for on-premises consumption, remained stalled in the state Senate this year despite passing the state House of Representatives last session. As reported here, this bill passed in the Senate Judiciary II Committee in early June, but was never brought to the Senate floor for consideration. The committee did use HB 111 to address an issue relating to the section of last year’s House Bill 650 (reported on here) that imposed restrictions on prohibiting RTC permit holders from carrying firearms in parks under the control of local governments. Because some local governments have gone beyond what HB 650 allowed, HB 111 was amended to impose tighter restrictions on these localities. If it had been enacted, this bill would have, along with providing for Restaurant Carry, clarified that local governments are restricted from prohibiting lawfully carried concealed firearms in such places as greenways, designated biking or walking paths, certain open areas and fields, as well as other areas. With HB 111 not passing, an important opportunity to advance the rights of law-abiding gun owners was missed.

On a more positive note, this session the General Assembly passed and Governor Perdue signed into law House Bill 843, which recognized law-abiding citizens’ right to self-defense during a declared state of emergency. Specifically, H 843 states that the restrictions section of the North Carolina Emergency Management Act “does not authorize prohibitions or restrictions on lawfully possessed firearms or ammunition.” This means that, if there is a declared state of emergency due to natural disasters or other problems that create a state of disarray and unrest that requires emergency procedures to be implemented by a government entity, the rights of law-abiding gun owners will no longer be subject to possible suspension, as previous law allowed.

The win in Bateman forced the exclusion on restrictions on firearms in HB 843. While it was nice that it was put down on paper, I believe Judge Howard’s decision would have invalidated existing restrictions.