HB 111

Uncategorized

Concealed Carry In Restaurants And Parks Passes NC House

March 31, 2011 by 2 Comments

HB 111 passed its Third Reading this afternoon 74 – 45 with 3 excused absences and 1 not voting (the Speaker). It has been ordered engrossed and will now be sent to the North Carolina Senate for action.

Rep. Darren Jackson (D-Wake) offered an amendment that would have stripped out concealed carry in restaurants. It failed 45 – 71.

The final vote on the Third Reading was a roll call vote despite earlier reports that it would be a non-roll call vote.

Ayes

Democrats

Representative(s): Alexander, K.; Brisson; Crawford; Hill; McGuirt; McLawhorn; Owens; Spear; Wray

Republicans

Representative(s): Avila; Barnhart; Blackwell; Blust; Boles; Bradley; Brawley; Brown, L.; Brown, R.; Brubaker; Burr; Cleveland; Collins; Cook; Current; Dixon; Dockham; Dollar; Faircloth; Folwell; Frye; Gillespie; Guice; Hager; Hastings; Hilton; Hollo; Holloway; Horn; Howard; Hurley; Iler; Ingle; Johnson; Jones; Jordan; Justice; Killian; Langdon; LaRoque; Lewis; McComas; McCormick; McElraft; McGee; McGrady; Mills; Moffitt; Moore, T.; Pridgen; Randleman; Rhyne; Sager; Samuelson; Sanderson; Setzer; Shepard; Stam; Starnes; Steen; Stevens; Stone; Torbett; Warren, H.; West

Noes

Democrats

Representative(s): Adams; Alexander, M.; Bell; Bordsen; Brandon; Bryant; Carney; Cotham; Earle; Faison; Farmer-Butterfield; Fisher; Floyd; Gill; Glazier; Goodman; Graham; Hackney; Haire; Hall; Hamilton; Harrison; Insko; Jackson; Jeffus; Keever; Luebke; Martin; Michaux; Mobley; Moore, R.; Parfitt; Parmon; Pierce; Rapp; Ross; Tolson; Wainwright; Warren, E.; Weiss; Wilkins; Womble

Republicans

None

The NRA-ILA released this on the bill this evening:

North Carolina: House Finally Considers and Passes Right-to-Carry Reform Bill

Wednesday, March 30, 2011

House Bill 111, which would expand where Right-to-Carry permit holders may lawfully carry firearms for personal protection, passed Second Reading on Tuesday and then passed in the House of Representatives today on Third Reading. H 111 will now move to the state Senate for their consideration.

Introduced by state Representatives Mark Hilton (R-96), Jeff Barnhart (R-82), Fred Steen (R-76), and Kelly Hastings (R-110), H 111 would remove the prohibition on permit holders from carrying firearms into restaurants that serve alcohol. As introduced, it would have also completely removed the ability of local governments to prohibit the lawful carrying of firearms by permit holders into parks. Finally, it clarifies that permit holders may carry firearms for personal protection within the state parks system.

As previously reported, H 111 was amended in subcommittee with language to allow servers in restaurants to ask patrons who order an alcoholic beverage whether they are carrying a concealed firearm. This amendment was proposed by state Representative Debra Ross (D-38), one of the most virulently anti-gun legislators in the General Assembly. On Tuesday, state Representative Leo Daughtry (R-26) offered an amendment to strip the Ross Amendment from H 111. This amendment passed by a 72 to 46 vote, removing Ross’s “poison pill” language. Two additional amendments were offered on Tuesday that were designed to weaken provisions dealing with carrying in parks.

First, state Representative David Guice (R-113) introduced an amendment that would allow local governments to prohibit permit holders from carrying firearms onto certain “recreational facilities,” which are defined as playgrounds, athletic fields, swimming pools, and athletic facilities. Unfortunately, this amendment passed by a 70 to 48 vote. The NRA will work to remove this emotionally-based, anti-gun amendment from H 111 when it is taken up in the state Senate.

In addition to the Guice Amendment, state Representative Bill Faison (D-50) offered an amendment to weaken the provisions regarding the state parks system. That amendment failed by a 44 to 74 vote.

Today, state Representative Darren Jackson (D-39) introduced an amendment that would strip out the restaurant carry provisions entirely. That amendment failed, but at this time, we do not have a vote count.

H 111 is now headed to the state Senate, where the NRA will work to make a good bill even better by trying to remove the Guice Amendment. Please take a moment to contact your state Senator and urge him or her to work with the NRA to improve and pass H 111.

Grass Roots North Carolina sent the following out tonight at about 8:30pm.

HB 111 Passes House
Today, GRNC’s HB 111, “Handgun Permit Valid in Parks & Restaurants,” passed its Third Reading in the North Carolina House and will now move to the Senate. An amendment attempted by Rep. Darren Jackson (D-Wake, GRNC 0-star) to remove restaurants from the areas where concealed carry is permitted failed in a 45-71 vote. On its Third Reading, the bill passed by 74-42 which, like its vote on Second Reading, represents a veto-proof 3/5 majority. Because the bill passed one chamber before the May 12 “crossover deadline” it remains alive for consideration next year even if not acted on by the Senate before the 2011 session adjourns.

After a request by GRNC, no attempt was made by House Republicans to water down the odious Guice Amendment under which municipalities may bar guns in any park with athletic facilities. Tactically, it is more sound to leave the worst possible language in the bill in the interest of garnering more support to remove it altogether. GRNC is reasonably confident of removing the provision in the Senate.

Throughout the House debate, gun owners found stalwart friends in Reps. Mark Hilton (R-Catawba, GRNC ****), Jeff Barnhart (R-Cabarrus, ****), Fred Steen (R-Rowan, ****), Kelly Hastings (R-Cleveland, Gaston, ****), George Cleveland (R-Onslow, ****), Glen Bradley (R-Franklin, Halifax, Nash, ****), Jonathan Jordon (R-Ashe, Watauga, ****), Bert Jones (U-Rockingham, ****), and Leo Daughtry (R-Johnston, ****) and John Blust (R-Guilford, ****). Particular thanks go to Speaker Thom Tillis (R-Mecklenburg, ****), who weathered adverse media to bring the bill to a vote. Please use the links above to offer a short note of thanks to all.

Uncategorized

Concealed Carry In NC Restaurants And Parks Final Vote Tomorrow

March 29, 2011 by 3 Comments

House Bill 111 which would allow concealed carry in eating establishments and restaurants that serve alcohol has passed the Second Reading in the North Carolina State House. The bill would also allow concealed carry in state and local parks.

From WRAL’s Twitter feed:

@NCCapitol #ncgaHouse passes H111, concealed guns in parks and restaurants, 77-41. 3rd reading objected to. Final vote tomorrow.

As soon as the final draft bill is posted along with the roll call vote, I’ll post it. I don’t know yet whether the Ross Amendment was deleted or not.

UPDATE: There were three amendments proposed today to HB 111. The first amendment to the bill by Rep. Leo Daughtry (R-Johnston) stripped out the Ross Amendment which would have allowed servers in a restaurant that was not posted against concealed carry to ask a person who ordered alcohol if he or she were carrying. This passed on a vote of 72 – 46 with only one Republican voting no.

The second amendment proposed by Rep. David Guice (R – Transylvania) allows local governments to post recreational facilities in parks to forbid concealed carry. However, it strictly defined recreational facilities as being only playgrounds, athletic fields, swimming pools, and athletic facilities. It did contain a provision that would allow a concealed carry holder to lock his weapon in his car if the recreational facility was posted. This provision passed 70 – 48. While the majority of Republicans voted against this amendment, enough Republicans joined with virtually all of the Democrats to pass this amendment.

The third, and final, amendment was proposed by Rep. Bill Faison (D-Orange). This amendment failed in a 44 – 74 vote. It would have only allowed concealed carry in North Carolina State Parks which permitted overnight camping. There are only 16 out of the 34 state parks that allow overnight camping.

On the Second Reading, the amended HB 111 passed by a vote of 77 – 41. The Third Reading, which is mainly a formality, will be tomorrow because there was an objection to the vote today.

The final roll call was as follows:

AYES

Democrats

Representative(s): Alexander, K.; Brandon; Brisson; Crawford; Hill; Lucas; McGuirt; McLawhorn; Owens; Spear; Wray

Republicans

Representative(s): Avila; Barnhart; Blackwell; Blust; Boles; Bradley; Brawley; Brown, L.; Brown, R.; Brubaker; Burr; Cleveland; Collins; Cook; Current; Daughtry; Dixon; Dockham; Dollar; Faircloth; Folwell; Frye; Gillespie; Guice; Hager; Hastings; Hilton; Hollo; Holloway; Horn; Howard; Hurley; Iler; Ingle; Johnson; Jones; Jordan; Justice; Killian; Langdon; LaRoque; Lewis; McComas; McCormick; McElraft; McGee; McGrady; Mills; Moffitt; Moore, T.; Pridgen; Randleman; Rhyne; Sager; Samuelson; Sanderson; Setzer; Shepard; Stam; Starnes; Steen; Stevens; Stone; Torbett; Warren, H.; West

NOES

Democrats

Representative(s): Adams; Alexander, M.; Bell; Bordsen; Bryant; Carney; Cotham; Earle; Faison; Farmer-Butterfield; Fisher; Floyd; Gill; Glazier; Goodman; Graham; Hackney; Haire; Hall; Hamilton; Harrison; Insko; Jackson; Jeffus; Keever; Luebke; Martin; Michaux; Mobley; Moore, R.; Parfitt; Parmon; Pierce; Rapp; Ross; Tolson; Wainwright; Warren, E.; Weiss; Wilkins; Womble

Republicans

none

Not Voting – Speaker Thom Tillis and Rep. Tom Murry (R-Wake)

UPDATE II: HB 111 is on the House legislative calendar for its Third Reading this afternoon. The House reconvenes at 2pm. It is listed as a “non-roll call” vote.

Grass Roots North Carolina sent out a message last night warning that opponents of the bill might try to add more amendments. While they are pleased that the Ross Amendment was removed from the bill, they are unhappy with the amendment that would allows municipalities to restrict firearms in recreational facilities.


The Raleigh News and Observer, in their Under the Dome column, quotes a couple of the Republicans who supported that amendment.

Several Republican members who support the bill said they were concerned, though, about people taking guns into parks where organized youth sports are held. Parents can get pretty hot-headed, they said.

Those GOP members, some with longtime experience with youth sports and others from law enforcement backgrounds, succeeded in attaching an amendment that would allow county governments to prohibit concealed weapons in recreational facilities. The amendment also would allow people to leave their guns locked in their cars in those situations.

“I’ve seen firsthand the violence on the Little League field,” said Rep. David Guice, a Republican from Brevard, who added that he has a concealed-carry permit. Guice said a mayor of Brevard was once banned from a city park because he assaulted an umpire.

Uncategorized

North Carolina CCW Reform Delayed

March 21, 2011 by 2 Comments

The NRA-ILA sent out this alert on North Carolina HB 111 this afternoon. The bill would allow concealed carry in restaurants and eating establishments that serve alcohol. It would not change the law that makes it illegal for someone who is carrying concealed to consume alcohol. The bill would also allow concealed carry in state and local parks.

North Carolina: Right-to-Carry Reform Bill Delayed by the state House of Representatives

Monday, March 21, 2011

Please contact your state Representative TODAY!

Consideration for House Bill 111 has been delayed by the state House of Representatives. Please continue to contact your state Representative IMMEDIATELY and urge him or her to support H 111, and to support efforts to remove the Ross Amendment. To locate your state Representative and their contact information, please click here.

HB 111, introduced by state Representatives Mark Hilton (R-96), Jeff Barnhart (R-82), Fred Steen (R-76), and Kelly Hastings (R-110), would remove the prohibition on Right-to-Carry permit holders carrying a concealed firearm into any restaurant that serves alcohol on premises. It would also remove the ability of a local government to ban the carrying of concealed firearms by Right-to-Carry permit holders in local parks, and clarify that permit holders are allowed to carry in State Parks.

The bill was amended in subcommittee to allow servers in restaurants to ask patrons who order an alcoholic beverage whether they are carrying a concealed firearm. This amendment was proposed by state Representative Debra Ross (D-38), one of the most virulently anti-gun legislators in the General Assembly. During the debate, opponents of the legislation grossly misrepresented the current Right-to-Carry law repeatedly. While those opposed to the Ross Amendment questioned the wisdom waiters and waitresses asking such intrusive questions, supporters of the amendment claimed it is illegal for someone carrying a concealed firearm to order an alcoholic beverage, leading some to ask why servers should be asked to act as part-time law enforcement. However, it is not illegal to order alcohol while carrying a firearm. It is illegal to CONSUME alcohol while carrying. Should this law pass, along with the Ross Amendment, law-abiding permittees who simply order alcohol for a friend, but who have no intention of drinking alcohol themselves, may be asked by a server to reveal they are carrying a concealed firearm, thus negating the concept of carrying concealed. Anyone within earshot will certainly know the individual is carrying a firearm, including anyone who may be intent on committing a violent crime at that restaurant, or in that restaurant’s parking lot.

The Ross Amendment was clearly intended as a “poison pill,” and was designed to create opposition to the bill. Nothing in the current law or in H 111 would require a permittee to answer the server. However, restaurant owners may have concerns regarding potential liability should they choose to not harass their patrons with intrusive personal questions. While the NRA remains in support of H 111, we will work to remove the Ross Amendment.

Please continue to contact your state Representative IMMEDIATELY and urge him or her to support H 111, and to support efforts to remove the Ross Amendment.

Uncategorized

HB 111 – Concealed Carry In Restaurants And Parks Passes Out Of Committee

March 10, 2011 by 2 Comments

HB 111, the bill in the North Carolina State House that would allow concealed carry in restaurants that serve alcohol and would allow concealed carry in parks, passed out of the House Judiciary A Subcommittee today.

Grass Roots North Carolina issued a full report on the subcommittee hearings including news on all amendments this evening.

In a bruising battle fought by both legislators and GRNC’s Legislative Action Team, HB 111, “Handgun Permit Valid in Parks & Restaurants” fought its way out of the NC House Judiciary A Subcommittee and now heads for a floor vote as early as tomorrow. Both strengthening and weakening changes were made to the bill.

REP. HILTON’S SUBSTITUTE

Working with GRNC, bill sponsors Mark Hilton (R-Catawba, ****), Jeff Barnhart (R-Cabarrus, ****) and Fred Steen (R-Rowan, ****) produced an enhanced version of HB 111 which included concealed carry not only in municipal parks, but in state parks as well. The substitute was quickly adopted as the working vehicle for the bill.

COMMITTEE FIGHT

Anti-gun Reps. Deborah Ross (D-Wake, GRNC 0-star), Bill Faison (D-Durham, **), and Larry Hall (D-Durham, 0-star) tried to tie up the bill with repeated questioning and with contradictory and shifting amendments. Ross demanded that, in restaurants, servers ask diners ordering alcohol whether they are carrying firearms. In a confusing array of amendments to amendments, ultimately the committee passed an amendment to the bill under which restaurants MAY but are not REQUIRED to ask those ordering alcohol of their status. As noted below, GRNC will vociferously oppose even this weakened language on the House floor.

An equally confusing series of amendments was offered by Faison, who tried to remove both municipal and state parks from the bill. After Hilton, Barnhart and Steen opposed Faison’s proposals, they ultimately failed in an 8-5 vote.

In an effort to tie up the bill, Faison repeatedly dogged bill sponsors with questions about why permit-holders need to protect their families in restaurants, demanding unavailable crime statistics and complaining “Where’s the problem?” Hall painted fanciful pictures of shootouts between patrons in restaurants, and demanded exclusion of parks for the sake of “youth groups,” saying he didn’t want permit-holders “further endangering” kids.

But leading the charge to subvert gun owners’ ability to protect themselves was Ross, who claimed support for her weakening amendment from the Restaurant Association (whose lobbyist then stood to oppose the Ross amendment), and whined that concealed carry is specifically exempted from the right to keep and bear arms enumerated in the North Carolina Constitution.

UPDATE: Gary Robertson of the Associated Press has more on the bill passing out of committee and the opponents reactions to the bill.

Uncategorized

Concealed Carry In NC Restaurants And Parks Gets Second Hearing

March 8, 2011 by 2 Comments

The North Carolina House Judiciary A Subcommittee will hold hearings on HB 111 on Wednesday. This bill would allow concealed carry holders to carry in restaurants and eating establishiments that serve alcohol and to carry in city or county parks (but not state parks). Concealed carry holders still would not be allowed to drink while carrying concealed.

This bill was heard before the same subcommittee last week but no vote was taken.

HB 111 would still allow restaurant owners to post their establishments prohibiting concealed carry. Nonetheless, some restaurant owners oppose the bill according to a story in the Fayetteville Observer.

In Fayetteville, manager Mike Callahan of The Big Apple Restaurant & Sports Pub and co-owner Josh Collins of Huske Hardware House Restaurant & Brewery in Fayetteville think the law change would threaten the lives of their patrons and employees.

Paul Valone, president of Grass Roots North Carolina, takes issue with some of the dire predictions and hyperbole.

“Just because I happen to walk into Fat Boy’s buffet restaurant in Mooresville, that happens to have beer in the line, why should I not be able to protect my family?” said Paul Valone of Grass Roots North Carolina, a gun rights advocacy group that is pushing for the law change. “I suspect some of the people involved in the Luigi’s restaurant shooting in Fayetteville a number of years back would probably agree with me.”

Criminals avoid places where they think people could be armed, Valone said.