ILA Alert On S.50

I had a nice chat yesterday with John Commerford who is the Executive Director of NRA-ILA. I had sent him an email earlier to ask about the NRA’s position on S.50- Freedom to Carry NC. He expressed they had some reservations which you read in the release below. Those reservations center around the fact that the bill is a bit more restrictive on who can carry than the law is on who can purchase a firearm. His feeling was that some may presume they can carry just because they could purchase a handgun and would be caught unawares. These are valid points and things that may be fixed in the final bill.

I will note that Sarah Kettle, ILA’s state director for NC, did testify in favor of the bill at the Senate Rules Committee yesterday.

From ILA:

Yesterday, Senate Bill 50 (SB 50), a permitless carry bill sponsored by Senator Britt and Senator Settle, passed favorably out of the Senate Judiciary Committee with amendments. The bill is now headed to the Senate Rules and Operations Committee for further consideration.

SB 50 would recognize your right to carry a concealed firearm for self-defense without seeking government permission by eliminating the requirement that law-abiding gun owners obtain a permit to carry. The NRA strongly supports constitutional/permitless carry, however SB 50 still has some pitfalls that could entrap well intentioned gun owners. SB 50 as written creates scenarios in which a person could lawfully purchase and possess a firearm but would be prohibited from carrying that firearm for self-defense purposes. The NRA is committed to working with the sponsor and willing lawmakers to improve this legislation and help make North Carolina the 30th constitutional carry state!  

Battle For Permitless Concealed Carry In NC Starts Again

Grass Roots North Carolina is restarting the battle for permitless concealed carry in North Carolina again. It starts with a petition to the Republican leaders of the North Carolina House and Senate calling on them to start committee hearings and floor votes to bring this legislation forward. No bills have been filed as of yet as the House and Senate do not convene until January 29th.

People can also sign this petition electronically and it is actually much easier to do it that way. GRNC’s goal is a minimum of 1,000 petitions to present to the GOP leaders of the General Assembly. As I write this, they are 25% of the way to their goal.

You may remember that HR 189 – Freedom to Carry NC Act – had passed its first two readings in the NC House back in 2023 and was headed to a third and final reading when the bill got pulled. As I said at the time, you had your choice on who to blame for the bill being pulled. It could have been then-Speaker Tim Moore who insisted on a training component regarding the use of deadly force, it could have been Sen. President Pro-Tem Phil Berger who had said enough gun bills had been passed, or it could have been the NRA who objected to the bill at the last moment due to the training component.

Frankly, the NRA should never have objected to the bill even with the training component and that is one of the reasons I am running for the NRA Board of Directors. I am determined to see NRA-ILA “play nice” with other 2A organizations even on bills that didn’t originate with them. Objecting to the bill was a NRA v1.0 move and one that NRA 2.0 will hopefully never do.

Old Enemies Become Friends

I saw something put out yesterday by NRA-ILA that brought back memories.

If you have ever read Adam Winkler’s book Gunfight: The Battle over the Right to Bear Arms in America (#commission earned), you know there were those within the NRA that tried to discourage the Heller case. The fear was that a loss in the Supreme Court would forever end the Second Amendment as an individual right. Nonetheless, Alan Gura, Bob Levy, and Clark Neily persisted and the case went to the Supreme Court where it was won.

Alan Gura has since moved on to become the VP for Litigation at the Institute for Free Speech. He is the lead counsel on an amicus brief supporting the respondents in a case before the US Supreme Court. That case, Lackey v. Stinnie et al, deals with entitlement to attorneys fees in civil rights cases and preventing the government from strategically mooting cases to avoid paying these fees.

From ILA:

The issue before the Court is whether plaintiffs who win a preliminary injunction granting their requested relief are “prevailing parties” under 42 U.S.C. § 1988(b)—and thus entitled to attorney fees—when that injunction is never reversed. The amici argue that if such plaintiffs are not “prevailing parties,” governments that violate constitutional rights would be able to avoid attorney fee awards by strategically mooting cases. This would embolden abusive governments and discourage public interest litigation. By contrast, requiring the government to pay attorney fees for violating constitutional rights deters such violations and ensures that civil rights plaintiffs can afford to vindicate their rights through litigation.

Joining the NRA and Institute for Free Speech as amici in this brief are Southeastern Legal Foundation, Cato Institute, New Civil Liberties Alliance, Liberty Justice Center, and Second Amendment Foundation.

I am glad to see old adversaries now cooperating. Even more important is the NRA’s win in NRA v. Vullo which dealt with free speech and governmental coercion intended to suppress it. There is no question the case was a win for the NRA but it was also remanded back to the Second Circuit for further proceedings. There is nothing to say New York State won’t adopt a law or regulation that would effective moot this case. Attorneys have told me it can cost upwards of $1 million (or more) to bring a case up through the courts and be heard by the Supreme Court. It would be nice to have New York’s Department of Financial Services have to pay this back to the NRA.

A Juxtaposition

Checking my email this afternoon, I found links to two posts regarding the failure to pass HB 189, permitless concealed carry, in North Carolina.

The first is from the NRA-ILA and is a short post about the failure of the bill to meet the crossover deadline.

From NRA-ILA:

This week, HB 189, originally titled the ‘NC Constitutional Carry Act’, moved through several committees in the North Carolina House of Representatives. As drafted, this legislation would have removed unnecessary government permission slips to exercise your Second Amendment rights. ​Unfortunately, the bill was amended in committee to include a mandatory training and education requirement; as a result, the bill was no longer constitutional carry.

The bill title was changed to “Freedom to Carry Act,” but with the legislation facing other concerns, it was taken off of the floor calendar, and failed to meet the crossover deadline to pass the House of Representatives.​

Your NRA-ILA will continue to make it our mission for North Carolina to become a constitutional carry state, and bury any attempts to compromise on the issue.

If you’ve read my earlier posts, you know where I stand on this. I also find it ironic that the NRA says they will not “compromise” given their history of doing just that. Whoever wrote the above ought to ask Wayne about his compromise on 1986’s Firearm Owners Protection Act which may just have helped enrich his BFF.

Liberty Doll has a different take on it. Her videos have just that right amount of sarcasm mixed with cute rockabilly chick libertarian.

With Liberty Doll’s 263,000 followers on YouTube, I would wager she is much more effective in getting her (and gun rights activists in North Carolina’s) side of the story out than the NRA-ILA.

The sad thing in all of this is that the NRA could have been involved from the start and the bill could have passed the NC House. That would have involved working with GRNC and GOA cooperatively and openly in a joint effort to get the bill passed. As it is, the NRA was largely absent. They have one ILA lobbyist, D. J. Spiker, who has to cover North and South Carolina, Maryland, and Virginia. I don’t know whether it is a matter of finances or just mere disinterest combined with negligence but you need more than one person to cover one-tenth of the population of the United States.

NRA-ILA Picks Wrong Target

The NRA-ILA is now headed by what I consider their third string quarterback. First, Wayne and company forced Chris Cox out for supposed disloyalty. Then his replacement Jason Ouimet left when he saw the writing on the wall. Now Randy Kozuch, an almost 30-year veteran of the NRA, was appointed as Executive Director of ILA by the Board of Directors on Monday He had been the interim head prior to Monday.

Yesterday, the NRA-ILA posted a release that claimed credit for getting North Carolina’s pistol purchase permit repealed and blasting other 2A groups for taking credit for it.

However, some other 2A groups in the state have instead continued to focus on seeking credit for the legislative victory. At least one group has gone so far as to try claiming exclusive responsibility for the passage and veto override of SB41.

Not only do these laughable claims dismiss over a decade of legislative repeal efforts by NRA members, gun owners, and other 2A groups, but they also create an unnecessary distraction. This is a time when Second Amendment expansion opportunities in North Carolina are possible, including NRA’s push for constitutional carry. We would hope that all pro-gun groups share that same enthusiasm to collectively fight for pro-gun legislation in North Carolina. 

Now I don’t know if this was the work of Randy Kozuch as it reads more like something that Marion Hammer would put out. I do know that someone royally screwed up.

To paraphrase Jim Croce:

You don’t tug on superman’s cape
You don’t spit into the wind
You don’t pull the mask off that old lone ranger
And you don’t mess around with Paul Valone of GRNC

It is bad enough to take credit for another organization’s hard work. The NRA has done that time and again. However, it goes beyond the pale when you then dump on an all-volunteer, highly effective, state-level gun rights organization for having the temerity to claim credit for their actual accomplishments.

As anyone who knows Paul Valone would expect, he is not taking this lying down. He issued a point by point response last night.

Gun Rights Supporters:
The failing NRA, in a desperate bid for relevance, recently made a veiled accusation against GRNC, claiming “…some other 2A groups in the state have instead continued to focus on seeking credit for the legislative victory. At least one group has gone so far as to try claiming exclusive responsibility for the passage and veto override of SB41.” Below are NRA claims, followed by the truth.

Myth: The NRA claims GRNC was the first group to claim credit for Senate Bill 41.

Truth: GRNC was not the one who first claimed credit, it was Fred Edgecomb, a past president of the NRA-affiliated NC Rifle & Pistol Assoc., who was heard to claim credit at a recent IDPA match. We merely responded by setting the record straight.

Myth: The NRA-ILA alert claimed that GRNC “dismiss[ed] over a decade of legislative repeal efforts by NRA members, gun owners, and other 2A groups.”

Truth: The first purchase permit repeal was negotiated by GRNC, Sen. Buck Newton, and the Republican-led NC Senate in 2013 and was included as part of HB 937, an omnibus bill which contained, among other things, restaurant carry. Because the Senate considerably strengthened the weak bill first passed by the NC House, it had to return to the House for a concurrence vote. Unfortunately, NRA-endorsed Governor Pat McCrory threatened to veto the bill if it contained the purchase permit repeal, causing the repeal to be stripped out in conference committee.

Next, in 2021, GRNC worked with Rep. Jay Adams to alter his bill, HB 398, by substituting language for a full purchase permit repeal. We also worked closely with then-NC Sheriffs Association President Dave Mahoney to get NCSA to endorse the repeal and got the bill passed by both chambers before Gov. Roy Cooper vetoed it.

This year, GRNC worked closely with Sens. Danny Britt, Warren Daniel, and Jim Perry to ensure that the SB 41 not only cleared both chambers, but did so without contaminating amendments. For the override vote, we hammered thousands of robocalls and automated text messages into the districts of Democrats who had voted for the bill.

Meanwhile, bill sponsors and other legislators I have asked reported no contact from the NRA lobbyist, DJ Spiker. The NRA was so utterly out of the loop that, at one point, it issued an alert which wrongly described the contents of a gun bill that had been changed in a previous committee meeting. In fact, in videos GRNC made this year of committee hearings on gun bills, you will see only GRNC testifying to the committees, not NRA and not NCRPA.

Finally, GRNC worked for nearly two decades to insert into the public consciousness the phrase “our Jim Crow-era purchase permit law” – a strategy we worked out after reading about the origins of the law in Dave Kopel’s book, ”The Samurai, the Mountie, and the Cowboy: Should America Adopt the Gun Controls of Other Democracies?”

Myth: That the NRA is “push[ing] for constitutional carry.”

Truth: North Carolina’s first permitless carry bill (then called “Vermont carry”) was introduced by Sen. Hugh Webster in 1997 as SB 810 at the behest of GRNC and GOA. We actually went as far as filing a discharge petition when Democrat Marc Basnight refused the bill a hearing. At around this time, we heard reports from gun rights groups in other states that NRA lobbyists were actively sabotaging permitless carry bills. This year, we are working closely with bill sponsor Rep. Keith Kidwell on HB 189, “NC Constitutional Carry Act.” We are unaware of any effort by the NRA on the bill. Frankly, it would be nice if the NRA did something on the bill, since the May 4 crossover deadline is fast approaching.

In closing, it’s bad enough that the NRA, consumed by its inner strife and reportedly declining membership, has been AWOL from the past two sessions of the General Assembly. Worse, however, is when the organization, facing legal challenges due to alleged corruption, siphons off resources from the group that is actually doing the heavy lifting.

Please help ensure that doesn’t happen by going to: grnc.org/join-grnc/contribute

With your help, all-volunteer Grass Roots North Carolina will continue its 29-year history of success.

Armatissimi e liberissimi,

 


F. Paul Valone
President, Grass Roots North Carolina
Executive Director, Rights Watch International
Radio host, Guns, Politics and Freedom
Author, Rules for ANTI-Radicals: A Practical Handbook for Defeating Leftism


Paul Valone is the honey badger of the gun rights community in North Carolina. While the NRA may still consider itself the 800 lb gorilla, “honey badger don’t care“.

NRA Moves Of Note

Two interesting developments concerning the NRA crossed my desk today. One was expected in the sense that the position had to be filled and the other has me wondering.

First, Randy Kozuch has been appointed to be the Interim Director of the NRA-ILA. The position had to be filled with someone after Jason Ouimet left as the Director of the ILA. There are boards and foundations within the NRA that specify the Director of the ILA must be a member. If I remember correctly, Kozuch was a candidate for the position when Chris Cox resigned. He had served as ILA head of state and local affairs.

According to the press release, Kozuch has been with the NRA for 29 years and had “overseen state lobbying efforts in all 50 state legislatures and served as the primary point of contact between NRA and the nation’s governors and state constitutional officers.” I will leave that statement there as is and refrain from any comments on his effectiveness in North Carolina.

The second development is of far more interest. A “Dear Director” email went out today from former NRA President David Keene. Under the current bylaws (Article V, Sec. 1 (a)), the president of the NRA “may not succeed himself or herself more than once, after being elected to serve a full term.” There is an exception made in the bylaws for the late Charlton Heston who was allowed to succeed himself up to four times.

A resolution is being submitted by Carol Frampton and Joel Friedman that would waive this limitation for current NRA President Charles Cotton and allow him to serve a third one-year term as President. The email from Keene is below:

Dear Fellow NRA Director.

This morning’s mail brought a copy of the resolution submitted by Carol Frampton and Joel Friedman to extend NRA President Charles Cotton’s term for another year. We will be asked to vote on this resolution at the Indianapolis Board meeting and it is my hope that you will join me in supporting it.

As a former NRA President, I can tell you that during challenging times, I know of no one in that job who would want an additional year on the firing line, but sometimes sacrifices are necessary for the good of the association membership and the Second Amendment. As a competent and careful attorney, himself, Charles has been a steady helmsman during the legal battles in which we have been enmeshed during his term. These battles should wind down over the course of the next year and he should be there to serve our interests during this crucial period. He deserves our thanks not just for what he’s accomplished thus far but for his willingness to allow us to ask him to carry on for another year.

David A. Keene

I find this quite interesting. It engenders a lot of questions as to the reasons behind this move. I don’t have any answers to them. Cotton’s term as President would normally end in April at the next Board meeting. At that time, First VP Willes Lee would be the successor to Cotton as President and David Coy would move into Lee’s position. A new Second VP would be selected at that time.

One potential reason, and the most innocent, is that the terms of office were interrupted during the pandemic years of 2020 and 2021. The Annual Meeting happened later in the year which screwed things up a bit.

It could also be that Wayne and Brewer prefer to keep Cotton in the position while the New York proceedings are active. As Brewer plays Rasputin to Wayne’s Czar Nicholas II, this is believable. The shots are being called by Brewer and the Board does what they are told to do by Wayne.

Another alternative is that there is a faction who want to prevent Willes Lee from assuming the position of President of the NRA. His past actions as the leadership’s number two hatchet man (Marion Hammer holds the number one position) are coming back to bite him. I have referred to Lee as the Spiro Agnew of the NRA in the past. While that might be an insult to Agnew, Lee has served that role as Agnew did Nixon.

In the end, if this email is being sent out now, it is a fait accompli or done deal. The overwhelming majority of the Board does what it is told like obedient children. There are only a few members who have rocked the boat and they will be off the Board come the Annual Meeting. The sad thing is I have more faith in NY Assistant AG Monica Connell to represent the members of the NRA than I do in the Board.

UPDATE: Here is a copy of the actual resolution. It is a screen shot.

The resolution has been added to the agenda of the Bylaws and Resolutions Committee.

Jason Ouimet Leaving NRA-ILA

Jason Ouimet, Director of the NRA-Institute for Legislative Affairs, is leaving to join Shumaker Advisors. Stephen Gutowski reported it in The Reload and shortly thereafter it was posted on Twitter.

Ouimet replaced long-time ILA Executive Director Chris Cox in 2019.

As to why Ouimet is leaving now just 6 to 7 weeks before the NRA Annual Meeting, nothing is being said publicly. If I hear anything, I’ll post it.

Shumaker Advisors is a division of the law firm Shumaker, Loop, and Kendrick. They have offices in Florida, North Carolina, Ohio, and DC. Interestingly, Ryan Walker, Shumaker’s Senior VP of Federal Affairs, is a fellow Kent State grad.

Is Brewer Getting His Hooks Into NRA-ILA’s Budget?

When Chris Cox was forced out as the Executive Director of NRA-ILA, his Deputy Director and General Counsel David Lehman was out soon thereafter.

Jason Ouimet was appointed to take Cox’s position as head of NRA-ILA. As has been explained to me, he then started to search for a general counsel who would have his back and who would protect the NRA-ILA from Bill Brewer’s depredations. He went outside the Second Amendment world and hired Wade Callender who had served as a trial attorney, a Judge Advocate in the Navy, and for eight years as a general counsel in the software industry.

It appears Wade did his job too well. He protected the NRA-ILA from those outside forces such as Brewer whose goals and aims were inconsistent with the purpose of the organization. Unlike John Frazer at the NRA, he did his job as a good general counsel should therefore he was a threat.

Today a memo went out from Jason Ouimet saying that Wade will be leaving the position effective Labor Day. There was the typical mumbo-jumbo about Wade wanted to seek new opportunities and that he wanted to remain in Texas where he had been working during COVID. Ouimet did say that Wade “improved legal operations, saved millions and his counsel to me as Executive Director has been invaluable.” He is also being credited with shepherding the NYSRPA v. Bruen case through the Supreme Court.

This is bad news for the NRA-ILA. Bill Brewer has had his sights set on the ILA’s Second Amendment budget for a long time. It is another pot of money from which he can get legal fees. Wade stood in his way and now Ouimet has cracked open the door for Brewer.

Not only will the ILA not have a General Counsel who could and would stand up to Brewer but their long-time litigation counsel Chris Conte passed away in 2021. Conte was the one responsible for developing cases which then would work their way up to the appellate level.

As should be self-evident by now, Brewer and his firm are not qualified to handle Second Amendment cases. The few minor 2A cases in which he has been involved have either been dropped or dismissed. To make matters worse, qualified Second Amendment lawyers like Charles Cooper of Cooper & Kirk were purged for “disloyalty” in 2019. I have even heard rumors that Brewer thought he should have been the one to bring the NYSRPA case to the Supreme Court and not Paul Clement. Even the thought of that makes me cringe.

I’m sure we will hear more on this in the coming days as the Annual Meeting approaches at the end of May. When we do, I’ll be reporting it.

Misplaced Priorities

The NRA-ILA posted yesterday that they plan to spend at least $2 million on fighting gun control. The post also dealt with Legislative Town Halls. This is all well and good.

That is until you think how much was spent elsewhere.

For example, the NRA has spent $8 million in legal fees to avoid paying former ILA Director Chris Cox the $2 million severance his contract called for.

This is on top of the approximately $10 million in legal fees spent on their abortive attempt at bankruptcy.

Now it might just be me but I’d sure as hell rather have seen $18 million spent on fighting gun control and protecting the Second Amendment than on legal shenanigans. Imagine if just a fraction of the money spent on Brewer, Attorneys and Counselors, had been spent in the Georgia run-off election. Instead of a 50-50 Senate with the Democrats running things, Cocaine Mitch would still be running things and would have served as a bulwark against the anti-rights, anti-gun moves of the Biden Administration.

As I said in the headline, misplaced priorities.

Perhaps The Locals Do Know Best

We often complain about national groups coming in and telling the locals how they should be doing it. This is usually in the context of a group like Mike Bloomberg’s Everytown, Moms Demand Action, or Giffords. However, sometimes it is our own side in the battle for gun rights that is doing this.

Such is the case in Alabama where the NRA is supporting a move to consolidate the list of pistol permit holders, that state’s nomenclature for a concealed carry permit, into a statewide database. The bills in question are HB39 and SB47. The bills provide for the permits to be standardized and issued statewide. They also provide for a lifetime carry permit.

This move is getting a mixed reaction as reported by CBS 42.

Bama Carry and the Alabama Gun Rights Network don’t always agree on the best strategies for advancing gun rights in the Heart of Dixie.

However, when I reached out to friends who are affiliated with those organizations, the response I got was virtually identical. They are opposed to the bills in their current form as they create a database of gun owners which has the potential to be abused.

My friend Beth Alcazar, the Alabama representative of the DC Project and a board member of Bama Carry, had this to say to me in a Facebook message. I’m quoting her with her permission.

At the heart of this matter (and why we are hesitant to get on board) is the fact that law abiding gun owners will be on a registry, with all information being shared, statewide, and this info. could end up on a driver license. This, of course, could cause problems traveling across state lines. What if someone is stopped or pulled over and now questioned or harassed (or searched) because of this identification? And what happens if a government body must be created to oversee this database? Currently, our permit info. is only in the hands of our sheriffs. A lifetime permit could open that up… from just local to state.

Additionally, the NRA doesn’t appear to be listening to Alabamians or to our state’s largest gun rights group, and they continue to push legislation that has potential problems or unintended consequences.

And therein lies the problem. When it is a matter of state and local politics, local activists should be listened to. That there seems to be a disconnect between local gun right rights groups and the NRA on an issue of local concern is not good. The NRA should either defer to the local groups or work to find a compromise that satisfies all gun rights groups involved.

We in North Carolina had much the same problem in 2011 concerning gun bans outside the home during periods of declared emergencies. Grass Roots North Carolina along with local plaintiffs and the Second Amendment Foundation brought Bateman v. Perdue. The NRA-ILA representative in North Carolina was pushing for a quick legislative fix that would have mooted the case. The problem with a quick legislative fix was that it could have been changed on the whim of the next General Assembly. GRNC, SAF, and local activists had to push legislators to let the court case run its path. In the end the General Assembly did that and we won a decision in Bateman declaring the gun ban unconstitutional.

I wrote back then (June 2011) that “there are some in the NRA’s hierarchy who believe the NRA has to be the be-all and end-all of all things Second Amendment.” I noted that the NRA does some things really well and others not so well. I said the NRA should concentrate on training, the legislative arena, and other areas where a mass organization can do well. I didn’t think they were nearly as good at Second Amendment litigation as SAF.

I would now modify my statement from 2011 to say that the NRA does lobbying at the national level well and should work closer with state and local groups on state level lobbying if they want to be effective. Moreover, by state and local groups I don’t mean it has to be the NRA state affiliate as the experience of non-affiliates VCDL and GRNC has shown. Whether the NRA and their state ILA representatives are wise enough to recognize this is still open to debate.