Roy Cooper, Brady PAC, And Systematic Racism

I just listened in on a public Zoom webinar with Gov. Roy Cooper (D-NC) hosted by the Brady PAC and the Democratic Governors Association. It featured Cooper, Wendi Wallace of the DGA, Brian Lemak of Brady PAC, and Kris Brown, president of Brady United.

I should note off the bat that the chat function and any way to ask questions was disabled. I imagine that was to prevent any awkward questions from being raised by the audience.

It started with Wendi Wallace who is the Deputy Executive Director of the DGA. She came to them from the Planned Parenthood Action Fund last year. She was praising the efforts of the governors of Nevada and New Mexico to bring more gun control to those states.

The conversation then switched to Brian Lemak and Kris Brown. Among the things they said is they are hoping that with Roy Cooper that they can make North Carolina into the next Virginia. In other words, to impose gun control from on high upon the people of North Carolina. They said they are making North Carolina one of their highest priorities at all levels – Federal, state, and even county commissions.

Finally they allowed Cooper to speak. He welcomed this opportunity to talk about “gun safety”. Cooper then started out by saying the usual boilerplate of I grew up on a farm, I am a gun owner, and I support the Second Amendment. He then segued into his support for “responsible gun laws” and talked about the campus shooting at UNC-Charlotte.

Cooper then went to talk about how Obama carried North Carolina in 2008 but that there was a Republican “backlash” in 2010 which allowed them to take both houses of the General Assembly. Not only that but those Republicans had the temerity to gerrymander the state to keep their seats. This led to the state “going backwards on gun laws”.

He said when he was elected in 2016 that the Republicans still held a super-majority in the General Assembly. Cooper said he had three tools with which to stop “bad legislation”: the bully pulpit, the veto, and executive orders. This is where he noted his veto of HB 652 saying guns didn’t belong in schools. I’m not going into that here with the exception of noting that the bill only applied to schools attached to churches and that no firearm were allowed during school hours including during extracurricular events.

As to executive orders, Cooper said he ordered the State Bureau of Investigation to send over 200,000 more names to the NICS system after it was discovered a number of convictions had not been reported. What he didn’t say and didn’t want the listeners to know is that for most of his tenure as Attorney General of North Carolina (2000-2016), the SBI was under his control. It was only moved from the Department of Justice to the Department of Public Safety in 2014.

Cooper moved on to existing laws including the Jim Crow-era pistol purchase permit law. He said he wanted to expand that law to include “assault weapons”. He thought honest and responsible gun owners would go along with that. Cooper also mentioned his support for red flag laws.

The discussion then moved into more political matters such as mail-in ballots, how the Brady PAC planned to focus on not only Cooper’s race but the race for Lt. Governor, the pandemic, etc. Then Cooper said how he said the fight against “systemic racism” need to be a priority.

This is where I exploded.

What more obvious an example of systematic racism exists than a law specifically passed to prevent African-Americans from having access to handguns, other concealable weapons, and pump shotguns! Historian Clayton Cramer found in his research that the impact of the law was “to grant discretion to local white officials to use their discretion to disarm nearly all blacks and some disreputable whites of deadly weapons.”

All four on the webinar today would have denied that gun control had its origins in keeping African-Americans disarmed. However, the record is what it is and it’s legacy is systematic racism that progressives say they abhor.

As to the rest of the webinar, I couldn’t take any more and turned it off.

H652 Veto Over-Ride Fails In NC

The over-ride of anti-gun Gov. Roy Cooper’s (D-NC) veto of H652 – Second Amendment Protection Act failed in the House today. Here are the six Democrats who thought allegiance to the governor and Democrat Party was more important than protecting godly people.

In the original passage of the bill on June 25th, these Democrats voted in favor of passage and gave the bill an ostensible veto-proof majority.

Ayes (Democrat)Beasley; Brewer; Farmer-Butterfield; Floyd; Graham; John; Lucas; Pierce; Queen; Russell; B. Turner; Wray

Fast forward to this afternoon, July 8th, and these are the only Democrats who voted in favor of the veto over-ride.

Ayes (Democrat)Brewer; Floyd; Graham; Queen; Russell; Wray

Where there were 12, there are only six. The over-ride failed by a vote of 66-48. It needed 69 votes to pass and over-ride Gov. Cooper’s veto. It has been suggested that the only reason those six even bothered to vote in the affirmative is that they faced tougher re-elections.

Here are the six along with churches in their district that are co-located with schools. Because the state considers this “educational property”, they remain unprotected from the evil and deranged. I won’t name the churches or schools or locations but rest assured that they are within the counties these six represent.

Rep. Chaz Beasley (D-Mecklenburg) represents the 92nd NC House District. It is located in the southern part of Mecklenburg County and abuts the South Carolina border. Rep. Beasley is an attorney and is in his second term.

Rep. Chaz Beasley (D)

Here is a church in his district that he just put at risk because he rather obey the governor and party than to allow people going to church be protected.

Rep. Jean Farmer-Butterfield (D-Wilson) is in her 9th term representing the 24th NC House District. She lists her occupation as Consultant, Health and Human Services Professional. More importantly, her husband is US Representative G. K. Butterfield (D-NC-1).

Rep. Jean Farmer-Butterfield (D)

This church and school are located in her district in Wilson County. However, it is not the church she and her husband attend. Then it might have a bit different.

Rep. Joe John (D-Wake) is in his 2nd term of office. He represents the 40th NC House District which is in NW Wake County. Prior to his election to the NC House, he served for many years as a judge on the NC Court of Appeals along with earlier service as a Superior Court judge and an Assistant District Attorney. Sadly, way back in the day, I actually worked the polls for him during one of his judicial elections.

Rep. Joe John (D)

This large church and school are located in Wake County within Rep. John’s district. I guess when you have worked so long in a space where you are always protected by armed guards that you fail to realize that others are not so lucky.

Rep. Marvin Lucas (D-Cumberland) is in his 10th term representing the 42nd NC House District. It adjoins Fort Bragg and includes communities like Spring Lake and the western part of Fayetteville. Lucas is a retired school principal.

Rep. Marvin Lucas (D)

This church and school are located in Cumberland County. It is just one of many that have put at risk by Rep. Lucas’ vote.

Rep. Garland Pierce (D – Hoke & Scotland) is in his 8th term representing the 48th NC House District. Pierce is the House Minority Whip. He is, interestingly enough, a Baptist minister. One would think he, of all people, might realize that churches are at risk.

Rep. Garland Pierce (D)

This church and school are in Rep. Pierce’s district. Obviously, it isn’t Bright Hopewell Baptist Church or he’d be more concerned.

Now we conclude with Rep. Brian Turner (D-Buncombe) who just happens to be my representative. Turner is in his 3rd term representing the 116th NC House District which consists of the southern and western parts of Buncombe County. Turner lists his current job as commercial real estate agent. Prior to that, he was the Executive VP and COO in his family’s military parachute business as well as serving a stint as the Assistant Vice-Chancellor for Corporate and Foundation Relations at UNC-Asheville.

I have had conversations with Turner in the past where he assures me he is pro-gun and has a carry permit. That said, he also believes in universal background checks and voted against doing away with the Jim Crow-era (and racist) pistol purchase permits.

Rep. Brian Turner (D)

Here are a couple of churches that are co-located with schools that his vote has put at risk. The small one is within a mile of my house.

And another larger church with a school here in Buncombe County.

There are many more churches that are now at risk throughout the state of North Carolina thanks to these six and the rest of their Democrat colleagues who voted to uphold the veto. The NC Department of Public Instruction publishes a list of every non-public school in the state by county. That list runs 81 pages. I would say that a majority of these schools are religious and many have attached churches.

Every Democrat – and it was all Democrats – who voted to uphold this veto should be ashamed of him or herself. The bill was explicit that firearms were not allowed on the church-school property during regular and extracurricular school hours. At a time when churches have increasingly become targets for the evil and deranged, they need to be able to protect their congregants and this bill would have allowed them to take that responsibility if they wished.

If I were the pastor of one of the churches impacted by this veto, I’d gather up my congregation and have a prayer vigil in the front of every one of these 48 Democrat state representatives’ homes. I would do it weekly and I would get the media involved. They need to understand that shame is a very powerful weapon.

H652 Over-Ride Vote Wednesday

The vote to over-ride Gov. Roy Cooper’s (D-NC) veto of H652 – Second Amendment Protection Act is scheduled for Wednesday, July 8th.

The bill passed both houses of the North Carolina General Assembly with bi-partisan veto-proof majorities. That is, if the Democrats who voted for the H652 don’t cave to pressure from Gov. Cooper and his anti-gun allies such as the Bloomberg-funded North Carolinians Against Gun Violence (sic).

Looking over the list of Democrats who voted for the bill, you find a majority of them, whether African-American or white, represent areas that are mostly rural. Those areas have many small churches and they invariably have smaller police or sheriff’s departments. I think they realized that this bill contained nothing to endanger students and teachers but rather would help churches protect their congregations from the deranged.

Grass Roots North Carolina has issued an alert asking that these swing voters be contacted. I have added it below:

CONTACT SWING VOTERS NOW, CHURCH CARRY VETO OVERRIDE VOTE IS ON WEDNESDAY
Cooper has never met a gun that he wouldn’t ban. In vetoing a bill that would protect churches from violent sociopaths, as has so far occurred at least three times in other states, Cooper has yet again demonstrated that he is not fit to hold the office of governor.
 
Both the Senate and the House passed the Second Amendment Protection Act
with a veto-proof majority, but Governor Cooper vetoed it anyway.  In his explanation, he stated “This bill allows guns on school property which threatens the safety of students and teachers. Therefore, I veto the bill.”
 
The Governor’s argument makes little sense.  Remember, this bill would allow concealed handgun permit-holders to carry firearms for self-protection in religious institutions which are co-located with educational facilities, provided that: (1) No curricular or extracurricular educational activities are taking place (meaning that no students or teachers are present); and (2) The person in control of the property has not posted a “no guns allowed” sign.
 
We thank the 33 Senators and 77 Representatives who voted “yes” on this bill the first time around, and now we ask these same Senators and Representatives to HOLD STRONG and reiterate their votes during the veto override vote scheduled for Wednesday, July 8.
 
How can you help?  By calling and emailing your Senator and Representative and reminding them that this bill was a good idea the first time they voted for it, and it is still a good idea and you expect them to support it again! 
 
Although no law prohibits concealed carry in religious institutions, those which operate a school are considered to be “educational property,” even when no school is currently operated. As such, concealed firearms are currently prohibited.
 
Recent years have seen no fewer than three cases in which armed parishioners were able to stop murderous rampages by violent sociopaths: 
Colorado Springs, Colorado (12/9/07): Armed church volunteer security member Jeanne Assam shot and wounded rampage killer John Murray, who then committed suicide.
Sutherland Springs, TX: (11/5/17): Armed citizen Stephen Willeford used an AR-15 to exchange fire with murderer Devin Patrick Kelly, wounding him and stopping the rampage.
White Settlement, TX (12/29/19): At the West Freeway Church of Christ, volunteer church security member Jack Wilson stopped rampage killer Keith Thomas Kinnunen seconds after the killing started with a single shot to the head.
The 2nd Amendment Protection Act would: Specifically tailor existing law to allow all churches and places of religious worship to provide for the safety of their congregants.

Protect their congregants by adding a section into existing gun laws that says if a person is legally permitted to carry a concealed handgun, that person can carry a handgun on the property of a church or other place of religious worship provided: (1) No curricular or extracurricular educational activities are taking place; and (2) The person in control of the property has not posted a “no guns allowed” sign.
  Allow all places of religious worship, whether or not they run a school, to offer the same level of protection to congregants.
  Sheriffs will have to issue CHP renewals without retraining if applied for within 60 days of expiration

A refresher course will be available for those who renew 180 days out

EMS personnel, after training, will be allowed to carry

Additional “special” law enforcement employed personnel will be allowed to carry This is not a new concept. Not only has it been offered in previous sessions of the General Assembly, it mirrors what has been in effect for most churches in the state since concealed carry was passed in 1995.  The 2nd Amendment Protection Act will close the loophole that treats some worshippers differently than others and ensure that all can worship safely and freely.
IMMEDIATE ACTION REQUIRED!
Those of us who live in the real world know that mass murderers bent on evil won’t be stopped by silly rules or signs.
This is why you must urge your Senator and Representative to continue to support this life saving legislation.  EMAIL THE SWING VOTERS: Tell them that we need them to reiterate their support for this important piece of legislation for the Safety and security of all North Carolinians.
 
The shootings at New Life Church, First Baptist Church, and West Freeway Church of Christ prove that only a good guy or gal with a gun can stop those bent on pure evil.  Liberty free [gun free] zones only disarm the innocent when seconds count and law enforcement is minutes away.
CONTACT YOUR STATE HOUSE AND SENATE REPRESENTATIVES: Urge them to reiterate their support for this important piece of legislation that will ensure our safety.
PHONE MESSAGE:

My name is ______ and I’m calling to urge you to reaffirm your support for the 2nd Amendment Protection Act, expanding our common sense human right of self-defense in places of worship co-located with educational facilities.  The recent past has shown that mere signs or rules will not stop evil men bent on mass murder.
Armed citizens are the only way to ensure our safety in these situations.  I expect you to live up to your principles and I urge you to support this critical piece of legislation. CONTACT INFO   Swing Voters:
  Chaz.Beasley@ncleg.net; Scott.Brewer@ncleg.net; Jean.Farmer-Butterfield@ncleg.net; Elmer.Floyd@ncleg.net; Charles.Graham@ncleg.net; Joe.John@ncleg.net; Marvin.Lucas@ncleg.net; Garland.Pierce@ncleg.net; Joe.Queen@ncleg.net; Ray.Russell@ncleg.net; Brian.Turner@ncleg.net; Michael.Wray@ncleg.net; Jay.Chaudhuri@ncleg.net; Don.Davis@ncleg.net; Kirk.deViere@ncleg.net; Harper.Peterson@ncleg.net; EricaD.Smith@ncleg.net  

Phone Your Rep:
  Phone your own Representative: CLICK HERE and use your address to find your representative and his/her contact information. Click on the ‘NC House’ radio button. PLEASE CONTRIBUTE TO GRNC: Help us fight gun control while we promote Second Amendment principles. Please CLICK HERE to contribute. Bear in mind that GRNC is an all-volunteer organization, so you can be sure your donations are put to the best possible use. Any amount helps, and any amount is appreciated.  
DELIVER THIS MESSAGE

Suggested Subject:  Support the 2nd Amendment Protection Act   Dear Senator/Representative,   I’m writing to urge you to reaffirm your support for the 2nd Amendment Protection Act.  This will expand the ability for ordinary citizens to carry firearms for self-protection in places of worship which are co-located with educational facilities.
Recent tragedies have shown that a good guy or gal with a gun can be critical in saving lives.   This is true common-sense safety legislation that will protect the public.
Mere signs or rules never deter those of evil intent and mass murder.  These only serve to stop innocent people from ensuring everyone else’s safety. 
I expect you to stand up for everyone’s common sense human rights and support this important step in safety once again. I will continue to monitor your actions on this important issue through alerts from Grass Roots North Carolina.    Respectfully,  

Cooper Vetoes H652 – Second Amendment Protection Act

In what should not be a surprise, anti-gun Gov. Roy Cooper (D-NC) vetoed H652 – Second Amendment Protection Act.

In his veto message he said:

Governor Cooper shared the following statement on HB 652:

“This bill allows guns on school property, which threatens the safety of students and teachers.”

This is utter bullshit.

Section 1 (a) of the bill explicitly states that guns may not be present during school hours.

The handgun is only possessed and carried on educational property outside of the nonpublic school’s operating hours. A nonpublic school’s operating hours are any time when curricular or extracurricular activities are taking place on the premises and any time when the premises are being used for school-sponsored activities.

Moreover, it only applies to non-public schools which also are used for church services. These are typically small Christian schools co-located with a church. During the week the Sunday School rooms are used for the school and on Sunday for church services.

An earlier post detailed the other parts of the bill which included reasonable accommodations for renewing your NC Concealed Handgun Permit and to protect EMTs who are backing up police tactical teams.

The bill passed both the House and Senate with bipartisan support. Indeed, if the Democrats who supported the bill initially don’t get cold feet, the veto can be overriden.

If your representative or senator voted for it, then I would be calling them now and asking them to support an override.

The house roll call is here and the senate roll call can be found here. Remember every one of them is up for re-election.

HB652, Second Amendment Protection Act, Passes NC General Assembly

HB 652, the Second Amendment Protection Act, has passed both houses of the North Carolina General Assembly and now goes to the governor for his signature (or veto). The bill was passed with bipartisan support. The vote was 33-14 in the Senate and 77-38 in the House.

The bill would:

  • Allow concealed carry in churches that are also deemed educational property. Person must have NC CHP, it can only be a handgun, it can’t be during school hours, and the church must not be posted against carry. This only applies to private school property.
  • A lapse in a carry permit that is no more than 60 days would not require a person to retake another safety and training class
  • A lapse in a carry permit that is over 60 days and under 180 days would only require a refresher course on carry laws and not a new class
  • Expands the scope of permitted areas of carry in law enforcement facilities for non-sworn officers who have been so designated
  • Allows EMTs to carry concealed if providing tactical medical assistance to law enforcement in emergency situations such as the deployment of a SWAT team. EMTs would be required to have additional training to qualify.

Grass Roots North Carolina is asking that people contact the Governor’s Office and urge Gov. Cooper (D-NC) to sign the bill. The bill did pass with veto proof majorities providing all the Democrats who voted aye maintain their votes.

They ask you to send the following to the Governor’s Email Contact.

Dear Governor Cooper,

I’m writing to urge you to sign the 2nd Amendment Protection Act.  This will expand the ability for ordinary citizens to carry firearms for self-protection in churches which are co-located with educational facilities, provided the property is not controlled by a board of education.

Recent tragedies have shown that a good guy or gal with a gun can be critical in saving lives.   This is true common-sense safety legislation that will protect the public.

Mere signs or rules never deter those of evil intent and mass murder.  These only serve to stop innocent people from ensuring everyone else’s safety.

I expect you to stand up for everyone’s common sense human rights and support this important step in safety. I will continue to monitor your actions on this important issue through alerts from Grass Roots North Carolina.

Respectfully,

It took me 30 seconds or less to do the above. Most of the time was spent filling out my name and contact info.

As you might expect, North Carolinians Against Gun Violence (sic) opposed the bill and wants people to be like sheep led to slaughter. They are asserting it will put school children at risk never minding the actual language of the bill.

Say No To Vote By Mail In NC

Under the heading of never let a crisis go to waste, the NC State Board of Elections under the leadership of Gov. Roy Cooper’s handpicked director is proposing “emergency” changes to voting in North Carolina. The changes to the NC Administrative Code would allow alternatives to voting in person to include the Democrat’s holy grail of vote by mail.

The law currently allows alternatives due to natural disasters, armed conflict, or extremely inclement weather. The proposed alternative is seeking to have COVID-19 included under the definition of “natural disaster.”

The comment period ends on Monday, April 20th.

While the comment period has been open since March 20th, it has been cruising under the radar. That is, until Grass Roots North Carolina issued the following alert below.

TOTALITARIAN WANNABEES NEVER LET A GOOD CRISIS GO TO WASTE, AND RIGHT NOW IS NO EXCEPTION
Election day is months away, but they’ve decided that what is happening right now is a good enough  excuse to make drastic changes.
We the people control the government through our vote. Now the left wants to take it out of our hands. You only need to look at Virginia to see what can happen with one close election.  The left takes over and rams through all kinds of liberty destructive legislation.
Now they want to do the same here under the ever-convenient pretense of a temporary emergency to force the issue of mail in voting.
This is dangerous to democracy on a number of levels:
Identifying voters will be a thing of the past – along with free and fair elections.

There will be no ‘chain of custody’ of ballots – votes for the pro-liberty right could be easily ‘lost’.

While votes for leftist candidates could easily be ‘found’.
The New “Crisis” Power Grab
Governor Cooper’s hand-picked Director of Elections, Karen Brinson Bell wants to sneak thought a very dangerous change to election law without oversight from our Representatives in the Legislature.
They want to impose last-minute “emergency” changes to our election laws, all without legislative approval, and this could include all-mail voting and California-style ballot harvesting.
IMMEDIATE ACTION REQUIRED!

We have until Monday, April 20th to object to the proposed “power grab” by the Governor and the NC State Board of Elections. To assure that your objection(s) get to SBOE, please do these (2) things: (Please read both before proceeding.)

Here is the link to the portal where you can comment on the proposed rule change.     Remember, the Left is inundating the site with sob stories of how many will be disenfranchised and how we’re all going to die. They need to hear rational reasons from you.

Copy your email from the portal and paste it into an email to rules@ncsbe.gov. Attention: Rule Making Coordinator with one of the objections below or write one of your own using this info. 
(Why the email? We need an electronic footprint to prove these objections were sent. We don’t trust the BOE. They could make an excuse and say these objections were never sent. Computer down etc.)


PLEASE CONTRIBUTE TO GRNC: Help us fight gun control while we promote Second Amendment principles. Please CLICK HERE to contribute. Bear in mind that GRNC is an all-volunteer organization, so you can be sure your donations are put to the best possible use. Any amount helps, and any amount is appreciated.  
DELIVER THIS MESSAGE

Suggested Subject: “No to Mail in voter fraud”   Dear : I object to your proposed executive overreach in forcing the mail in voting during a temporary emergency.

Such a scheme is fraught with danger to democracy and our representative republic. 

There will be no oversight by election officials.
The possibility of massive voter fraud.
There will be no ‘chain of custody’ for the ballots with another opportunity for massive fraud.

In short, this will destroy any confidence the people have in the electoral process and will taint any results and the legitimacy of the government itself. That is far more dangerous and life threatening than a disease outbreak that is showing signs that it is subsiding. 

There are a number of measures such as curb-side voting that can be taken – if necessary – to minimize the danger. 

I will be monitoring your actions on this issue closely through alerts from Grass Roots North Carolina.    

Respectfully,

Doing Bars And Bartenders Right In Texas

When the governor of North Carolina ordered the closing of all restaurants and bars to in-service patrons on St. Patrick’s Day, my thoughts went to the servers and the bartenders. This is not because I’m a regular patron. Rather it is because the Complementary Spouse’s first cousin just started a new job as a bartender.

Toby is very good at what he does and is very service oriented. As a result, he makes good tips whether as a server or a bartender. Immediately becoming eligible for unemployment will only replace a fraction of his income.

The NC Executive Order only tells the Alcoholic Beverage Commission to study the situation and get back to the governor in writing on regulations that they might be able to waive or show some flexibility.

Gov. Greg Abbott (R-TX) goes further than Gov. Roy Cooper (D-NC) and actually orders some things that will help bars and bartenders.

From Gov. Abbott’s press release:

Governor Greg Abbott today issued a waiver that will allow restaurants to deliver alcoholic beverages with food purchases to patrons, including beer, wine, and mixed drinks. The Governor also directed the Texas Alcoholic Beverage Commission (TABC) to waive certain provisions to allow manufacturers, wholesalers, and retailers of alcoholic beverages to repurchase or sell back unopened product. 

These waivers are in response to the financial hardship caused by COVID-19 that has disproportionately affected the hospitality industry. 

“The State of Texas is committed to supporting retailers, restaurants, and their employees,” said Governor Abbott. “These waivers will allow restaurants to provide enhanced delivery options to consumers during this temporary period of social distancing.”

Under this waiver, effective immediately, restaurants with a mixed beverage permit may sell beer, wine, or mixed drinks for delivery as long as they are accompanied by food purchased from the restaurant. 

The buy-back waiver allows alcohol distributors and manufacturers to repurchase excess inventory from restaurants, bars, and clubs affected by event cancellations due to COVID-19.

So bartenders can still make drinks for delivery and establishments can sell back their excess inventory. This keeps more people employed and allows the reallocation of inventory. I like it.

North Carolina should follow the example of Texas. However, given my home state’s antediluvian approach to anything dealing with alcoholic beverages, I’m not holding my breath.

Imagine If SAF And GRNC Hadn’t Won Bateman

Gov. Roy Cooper (D-NC) today declared a state of emergency that covers all of North Carolina. It was declared in response to the spread of COVID-19 or the coronavirus. As of Monday, there have been seven confirmed cases of it with six of those in Wake County and the seventh in Chatham County. For non-North Carolinians, that is Raleigh and the Pittsboro/Siler City areas.

From NC Office of Emergency Management

Excerpts from Gov. Cooper’s press release:

Governor Roy Cooper took the next step in the state’s coronavirus COVID-19 preparedness plan today and issued an executive order declaring a state of emergency. The declaration activates the Emergency Operations Center to help agencies coordinate from one location and makes it easier to purchase needed medical supplies, protect consumers from price gouging, and increase county health departments’ access to state funds…

Key provisions in the order are similar to those enacted in a natural disaster. The order will help with the cost burdens and supplies that may be difficult for providers and public health to access due to increased demand. It also increases the state public health department’s role in supporting local health departments, which have been tasked with monitoring quarantines, tracing exposure and administering testing.

Executive Order No. 116 in its entirety is found here.

Let’s take a trip down memory lane back to January 2010 when there was a heavy snow storm in the Piedmont of North Carolina. The City of King and Stokes County were particularly hard hit. In response, Gov. Beverly Perdue and both locales declared states of emergency. This automatically triggered then NC General Statute § 14-288.7(a) which provided, in part,:

“it is unlawful for any person to transport or possess off his own premises any dangerous weapon or substance in any area: (1) In which a declared state of emergency exists; or (2) Within the immediate vicinity of which a riot is occurring.”

The City of King went further and invoked their powers under NC General Statute § 14-288.12(b). This “forbade the sale or purchase of firearms and ammunition, as well as the possession of firearms and ammunition off an individual’s premises.” It also banned the sale of alcoholic beverages.

Thus, any time a state of emergency covering all of North Carolina or any time a city or county declared a state of emergency, § 14-288.7(a) kicked in and you could not carry a firearm outside your own home. There were no exceptions made for those of us who hold a Concealed Handgun Permit.

Fast forward a few months to June and the US Supreme Court handled down a monumental Second Amendment ruling. That was, of course, McDonald v. Chicago which applied the Second Amendment as an individual right to the states under the 14th Amendment. That was on the morning of June 28, 2010.

By the close of business on June 28th, the Second Amendment Foundation and Grass Roots North Carolina with attorney Alan Gura had filed suit against the State of North Carolina, the City of King, and Stokes County for violating the Second and 14th Amendments. The case, Bateman v. Perdue, using the newly won application of the Second Amendment to the states in McDonald, directly challenged NC’s emergency powers gun bans.

To make a long story short, US District Court Judge Malcom J. Howard, using strict scrutiny found that the emergency powers gun ban did violate the Second Amendment in March 2012.

The problem here is that the emergency declaration statutes, are not narrowly tailored to serve the government’s interest in public safety. They do not target dangerous individuals or dangerous conduct. Nor do they seek to impose reasonable time, place and manner restrictions by, for example, imposing a curfew to allow the exercise of Second Amendment rights during circumscribed times. Rather, the statutes here excessively intrude upon plaintiffs’ Second Amendment rights by effectively banning them (and the public at large) from engaging in conduct that is at the very core of the Second Amendment at a time when the need for self-defense may be at its very greatest. See Heller, 128 S. Ct. at 2799 (” [A] mericans understood the ‘right of self-preservation’ as permitting a citizen to ‘repe[l] force by force’ when ‘the intervention of society in his behalf, may be too late to prevent an injury. ‘ ” (quoting 1 Blackstone’s Commentaries 145-146, n.42 (1803) ) (second alteration in original)) . Consequently, the emergency declaration laws are invalid as applied to plaintiffs.

Session Law 2012-12 was signed by Gov. Beverly Perdue (D-NC) on June 11, 2012 and became effective on October 1, 2012. This codified the ruling by Judge Howard and repealed NC General Statutes § 14-288.7 and § 14-288.12 through § 14-288.17.

Thanks to Alan Gura, the Second Amendment Foundation, and Grass Roots North Carolina just because seven people have COVID-19 and the governor has declared a state of emergency you can no longer be disarmed. We owe them and the individual plaintiffs a debt of gratitude.