GRNC Releaes Analysis Of NC Gun Legislation

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.

Newest Gun-Related Legislation In Congress (Updated)

I have been remiss in updating the list of newly introduced legislation dealing with firearms and firearm ownership. Below are the bills that have been introduced in the House of Representatives since February 5th and the Senate since January 31st. They include both pro-gun rights bills and others that would seek to trample on the Second Amendment.

House of Representatives

HR 538 – Rep. Eliot Engel (D-NY)
PLEA Act
To protect the Nation’s law enforcement officers by banning the
Five-seveN Pistol and 5.7 x 28mm SS190, SS192, SS195LF, SS196, and SS197
cartridges, testing handguns and ammunition for capability to penetrate
body armor, and prohibiting the manufacture, importation, sale, or
purchase of such handguns or ammunition by civilians.

Referred to House Judiciary Committee

HR 575 – Rep. Steve Stockman (R-TX)
Second Amendment Protection Act of 2013
To express the sense of the Congress that the United States should not
adopt any treaty that poses a threat to national sovereignty or abridges
any rights guaranteed by the United States Constitution, such as the
right to keep and bear arms, and to withhold funding from the United
Nations unless the President certifies that the United Nations has not
taken action to restrict, attempt to restrict, or otherwise adversely
infringe upon the rights of individuals in the United States to keep and
bear arms, or abridge any of the other constitutionally protected
rights of citizens of the United States.

Referred to House Foreign Affairs Committee

HR 577 – Rep. Steve Stockman (R-TX)
Veterans Second Amendment Protection Act
To amend title 38, United States Code, to clarify the conditions under
which certain persons may be treated as adjudicated mentally incompetent
for certain purposes.

Referred to House Committee on Veterans Affairs Subcommittee on Disability Assistance and Memorial Affairs

HR 578 – Rep. Marlin Stutzman (R-IN)
Co-sponsors:
Rep Brady, Kevin [R-TX] – 2/14/2013
Rep Bucshon, Larry [R-IN] – 2/12/2013
Rep Griffin, Tim [R-AR] – 2/14/2013
Rep Hartzler, Vicky [R-MO] – 2/12/2013
Rep Jordan, Jim [R-OH] – 2/14/2013
Rep LaMalfa, Doug [R-CA] – 2/14/2013
Rep Lucas, Frank D. [R-OK] – 2/13/2013
Rep Meadows, Mark [R-NC] – 2/14/2013
Rep Palazzo, Steven M. [R-MS] – 2/13/2013
Rep Stockman, Steve [R-TX] – 2/12/2013
Rep Thornberry, Mac [R-TX] – 2/12/2013
Rep Walberg, Tim [R-MI] – 2/14/2013
Rep Wilson, Joe [R-SC] – 2/14/2013
Respecting States’ Rights and Concealed Carry Reciprocity Act of 2013
To allow reciprocity for the carrying of certain concealed firearms.
Referred to House Judiciary Committee

HR 602 – Rep. Jeff Miller (R-FL)
Veterans 2nd Amendment Protection Act
To amend title 38, United States Code, to clarify the conditions under
which certain persons may be treated as adjudicated mentally incompetent
for certain purposes.

Referred to House Committee on Veterans Affairs Subcommittee on Disability Assistance and Memorial Affairs

HR 619 – Rep. Jerrold Nadler (D-NY)
Keep Kids Safe Act of 2013 
To amend title 18, United States Code, to place limitations on the
possession, sale, and other disposition of a firearm by persons
convicted of misdemeanor sex offenses against children
.
Referred to House Judiciary Committee

HR 661 – Rep. Barbara Lee (D-CA)
Co-sponsors:
Rep DeLauro, Rosa L. [D-CT]
– 2/13/2013

Rep Farr, Sam [D-CA]
– 2/13/2013

Rep Fattah, Chaka [D-PA]
– 2/13/2013

Rep Grijalva, Raul M. [D-AZ]
– 2/14/2013

Rep Holt, Rush [D-NJ]
– 2/14/2013

Rep Honda, Michael M. [D-CA]
– 2/13/2013

Rep Lowey, Nita M. [D-NY]
– 2/13/2013

Rep McCollum, Betty [D-MN]
– 2/13/2013

Rep Moran, James P. [D-VA]
– 2/13/2013

Rep Pingree, Chellie [D-ME]
– 2/13/2013

Rep Price, David E. [D-NC]
– 2/13/2013

Rep Quigley, Mike [D-IL]
– 2/13/2013

Rep Roybal-Allard, Lucille [D-CA]
– 2/13/2013

Rep Rush, Bobby L. [D-IL]
– 2/14/2013

Rep Schiff, Adam B. [D-CA]
– 2/13/2013

Rep Serrano, Jose E. [D-NY]
– 2/13/2013
Tiahrt Restrictions Repeal Act  
To repeal certain impediments to the administration of the firearms laws.
Referred to House Judiciary Committee

HR 720 – Rep. Peter King (R-NY)
Co-sponsors:
Rep Capuano, Michael E. [D-MA]
– 2/14/2013

Rep Cicilline, David N. [D-RI]
– 2/14/2013

Rep Deutch, Theodore E. [D-FL]
– 2/14/2013

Rep Engel, Eliot L. [D-NY]
– 2/14/2013

Rep Farr, Sam [D-CA]
– 2/14/2013

Rep Grimm, Michael G. [R-NY]
– 2/14/2013

Rep Himes, James A. [D-CT]
– 2/14/2013

Rep Holt, Rush [D-NJ]
– 2/14/2013

Rep Israel, Steve [D-NY]
– 2/14/2013

Rep McGovern, James P. [D-MA]
– 2/14/2013

Rep Moran, James P. [D-VA]
– 2/14/2013

Rep Norton, Eleanor Holmes [D-DC]
– 2/14/2013

Rep Pierluisi, Pedro R. [D-PR]
– 2/14/2013

Rep Quigley, Mike [D-IL]
– 2/14/2013

Rep Rangel, Charles B. [D-NY]
– 2/14/2013

Rep Slaughter, Louise McIntosh [D-NY]
– 2/14/2013

Rep Waxman, Henry A. [D-CA]
– 2/14/2013
To increase public safety by permitting the Attorney General to deny the
transfer of a firearm or the issuance of firearms or explosives
licenses to a known or suspected dangerous terrorist
.
Referred to House Judiciary Committee

HR 722 – Rep. Peter King (R-NY)
Co-sponsors:
Rep Bishop, Timothy H. [D-NY]
– 2/14/2013

Rep Farr, Sam [D-CA]
– 2/14/2013

Rep Moran, James P. [D-VA]
– 2/14/2013

Rep Rangel, Charles B. [D-NY]
– 2/14/2013
To combat illegal gun trafficking, and for other purposes. 
Referred to House Judiciary Committee

HR 793 – Rep. Linda Sanchez (D-CA)
Co-sponsors:
Rep Bishop, Timothy H. [D-NY] – 2/15/2013
Rep Cardenas, Tony [D-CA] – 2/15/2013
Rep Clay, Wm. Lacy [D-MO] – 2/15/2013
Rep DeLauro, Rosa L. [D-CT] – 2/15/2013
Rep Edwards, Donna F. [D-MD] – 2/15/2013
Rep Grijalva, Raul M. [D-AZ] – 2/15/2013
Rep Hahn, Janice [D-CA] – 2/15/2013
Rep Lee, Barbara [D-CA] – 2/15/2013
Rep Maloney, Carolyn B. [D-NY] – 2/15/2013
Rep Matsui, Doris O. [D-CA] – 2/15/2013
Rep McGovern, James P. [D-MA] – 2/15/2013
Rep Napolitano, Grace F. [D-CA] – 2/15/2013
Rep Norton, Eleanor Holmes [D-DC] – 2/15/2013
Rep Pascrell, Bill, Jr. [D-NJ] – 2/15/2013
Rep Roybal-Allard, Lucille [D-CA] – 2/15/2013
Rep Rush, Bobby L. [D-IL] – 2/15/2013
Rep Sires, Albio [D-NJ] – 2/15/2013
Rep Vargas, Juan [D-CA] – 2/15/2013
To amend the Internal Revenue Code of 1986 to impose an excise tax on
concealable firearms and to require the Attorney General to establish a
firearms buyback grant program. 


Referred to House Judiciary Committee and to House Ways and Means Committee

Senate

S 261 – Sen. Dianne Feinstein (D-CA)
Co-sponsors:
Sen Boxer, Barbara [D-CA]
– 2/7/2013

Sen Lautenberg, Frank R. [D-NJ]
– 2/7/2013

Sen Menendez, Robert [D-NJ]
– 2/7/2013

Sen Schumer, Charles E. [D-NY]
– 2/7/2013

Sen Whitehouse, Sheldon [D-RI]
– 2/7/2013
No Firearms for Foreign Felons Act of 2013  
To establish and clarify that Congress does not authorize persons
convicted of dangerous crimes in foreign courts to freely possess
firearms in the United States.

Referred to Senate Judiciary Committee

UPDATE: Here is one more to add to the list from Chuck Schumer. Interestingly enough, his office hasn’t released any sort of press release on the bill. Given that the most dangerous place in DC figuratively is between Chuck Schumer and a TV camera, this is remarkable.

S 374 – Sen. Charles Schumer (D-NY)
A bill to ensure that all individuals who should be prohibited from
buying a firearm are listed in the national instant criminal background
check system and require a background check for every firearm sale.

Referred to Senate Judiciary Committee

Update On North Carolina Firearms-Related Legislation

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.

First Firearms-Related Bills Introduced In NC General Assembly

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);