HB 189

HB 189 – Freedom to Carry NC Act has been withdrawn from a vote by the full North Carolina House of Representatives and referred back to the House Rules Committee. The bill, formerly known as the NC Constitutional Carry Act, may be dead for this session unless Rep. Keith Kidwell (R-79) can add a fiscal note to the bill. It should be noted that Rep. Kidwell is the Deputy Majority Whip. As noted earlier, the crossover deadline for passage of a bill without a fiscal note is tomorrow, May 4th.

So who is at fault and what happened?

You have your choice.

You can blame Speaker Tim Moore who requested a training component be part of the bill, you can blame the NRA who has now come out in opposition to the bill at the last moment because it includes a training component, or Sen. President Pro Tem Phil Berger who says they’ve done enough on gun rights.

Given the NRA had a chance to testify either for or against the bill during the Judiciary 2 Committee hearing and did not, I think the blame rests more at their feet than that of Speaker Moore. I think Speaker Moore anticipated the opposition from some in law enforcement as well as from the anti-gun lobby and wanted to negate the rationale for their opposition to the bill. As for Sen. Berger, this is not the first time he’s decided to kill attempts at permitless carry. He did it in the 2017-2018 session after it had passed the House because he was afraid of losing his super-majority which he lost anyway.

From the Raleigh News and Observer:

Grass Roots North Carolina, a gun rights group that was one of the bill’s chief supporters, had strongly urged GOP leaders to take it up this week. The group’s president, Paul Valone, said he would continue to work on trying to get the bill passed this session.

Valone indicated that the National Rifle Association had concerns about education requirements that had been added to the bill on Tuesday while it was considered by a House committee.

“We are disappointed that the NRA, which has been largely absent in this session of the General Assembly, swooped in at the last minute and declared the bill unacceptable, due to the training provision we had added,” Valone said. “We are continuing to work on the bill, it is still alive, and we are by no means done.”

D.J. Spiker, the NRA’s North Carolina state director, said in response that the NRA “will never apologize for refusing to compromise on an issue as critical as Constitutional Carry.”

Sen. Berger said as the bill was being removed from the calendar that he thought the Republicans had done enough when they finally got rid of the pistol purchase permit. He also said he didn’t think the timing was right.

From an interview with Michael Hyland of WNCN Channel 17:

“We have passed a substantial bill dealing with some concerns about (the) Second Amendment. We’ve done away with the pistol purchase permit, which was the No. 1 goal of many of the gun rights groups for a long period of time,” Senate leader Phil Berger told reporters. “I just don’t know if if there’s a need for us to delve into additional issues dealing with guns and people’s Second Amendment rights.”

In my estimation, if the NRA had been willing to join with GRNC and GOA in support of the bill, flawed or not, then it would have passed and the NC Senate would have taken up the bill either in 2023 or 2024. As for the NRA’s rationale for opposing the bill of not being willing to compromise their principles, that is a joke. One of the things the NRA always seems willing to do is compromise even when it is not warranted.

I speculate that there was an element of retribution in the NRA’s 11th hour opposition to HB 189. The bill, like the repeal of the pistol purchase permit, was closely identified with Grass Roots North Carolina and not the NRA. The NRA got really pissy when they were called out for taking credit for the repeal and dumping on GRNC for taking the rightful credit. When that is added to the “if it’s not invented here” syndrome which pervades the NRA, it became more important to screw GRNC (and gun rights supporters in North Carolina) than to pass the bill.

Was the bill as clean as one would have liked? Of course it wasn’t. However, in politics it is the art of the possible and not the perfect. Getting HB 189 passed in time to meet the crossover deadline was the critical issue. Once the bill was in the Senate, it could have been amended any number of ways to make it better. Now, unless a miracle happens, thanks to the NRA we wait another two damn years.