Gov. “Jim Crow” Cooper Vetoes Repeal of Jim Crow Law

As most of us expected, Gov. Roy “Jim Crow” Cooper (D-NC) vetoed HB 398 which would have repealed the 1919 pistol permit purchase law. That law was enacted by an all white, all Democrat, white supremacist General Assembly within months of a riot involving African-American WW I vets demanding their rights. The co-sponsor of the bill, Sen. Earle A. Humphreys (D-Goldsboro), was the brother-in-law of US Sen. Furnifold Simmons who was the architect of the Democrat’s white supremacy campaign begun in 1898.

It was men like these veterans who terrified the white supremacists. They had been to war, they had defeated the Kaiser, and they had seen Paris so to speak.

National Archives

In his veto message to the General Assembly, Cooper said:

“Gun permit laws reduce gun homicides and suicides and reduce the availability of guns for criminal activity. At a time of rising gun violence, we cannot afford to repeal a system that works to save lives. The legislature should focus on combating gun violence instead of making it easier for guns to end up in the wrong hands.”

Bear in mind that the repeal of the law was endorsed by the North Carolina Sheriffs Association and that all sales of handguns from dealer go through a NICS check by the FBI. Indeed, once in possession of a pistol purchase permit which is good for five years, there is nothing to stop either a felon or someone convicted of a domestic violence misdemeanor from purchasing a handgun from a dealer or a private individual. The pistol purchase permit substitutes for a NICS check and would cover up the lie told by the convicted individual.

The law still requires the sheriff of the county to attest to the “good moral character” of the applicant. In counties with hundreds of thousands of residents or even a million plus, can Cooper and those opposed to the repeal of this law honestly say the sheriff really knows the residents enough to attest to “good moral character”? I think not.

As research on the application of the law in North Carolina’s most populous county – Wake – shows, blacks are still much more likely to be denied a permit than whites. Thus, while laws that are supported by both black and whites regarding voter ID are called discriminatory and “Jim Crow”, an actual Jim Crow law designed by its sponsors to discriminate against blacks and which it still does is vetoed.

A friend elsewhere commented that the pistol purchase permit is nothing but a poll tax on an enumerated right. He was right. The 24th Amendment to the US Constitution eliminated the poll tax for voting but Cooper’s action today keeps it in place with regard to the Second Amendment.

UPDATE: Paul Valone, President of Grass Roots North Carolina, released this statement on Cooper’s veto of HB 398:

“By vetoing House Bill 398 to repeal our Jim Crow-era pistol purchase system, Governor Roy Cooper has made it clear he places political posturing above actually taking action to eradicate racism. He has also shown that he doesn’t care about the thousands of North Carolinians who, amid civil unrest and “defund police” measures, have decided to buy guns to defend their families but are being obstructed by urban sheriffs who violate the law by delaying permits.

“Most ironic is Cooper’s claim that he vetoed the bill due to increasing ‘gun violence’ when, in truth, violent crime had been declining for decades until his own party caused urban homicide rates to skyrocket. Grass Roots North Carolina will be doing its dead level best to over-ride Cooper’s veto while showing the people of North Carolina exactly who their governor really is.”

Historical Ignorance Is No Excuse

As philosopher George Santayana wrote, “Those who do not remember the past are condemned to repeat it.” Taken a step further, historical ignorance is no excuse for opposing a law meant to write a wrong.

In this case, it is the 1919 law originally entitled “an act to regulate the sale of concealed weapons in North Carolina.” Both houses of the North Carolina General Assembly have voted to repeal this law and have sent HB 398 to the governor’s desk where it is likely to be vetoed.

One of the leading opponents of the repeal is Sen. Natasha Marcus (D-Mecklenburg). A lawyer and community organizer, Marcus proudly proclaims her membership in Moms Demand Action. She is a graduate of Hamilton College in New York and the Duke University School of Law.

From Marcus campaign website

In her opposition to the repeal, the AP reports this:

The local pistol permit requirement began in 1919 during the Jim Crow era, and some bill supporters argue it’s still preventing law-abiding black residents from obtaining weapons. But a local NAACP leader spoke against the bill earlier Wednesday, and Marcus said such opposition is evidence to her that the current permitting system isn’t racist.

Just because a local NAACP leader spoke against the repeal does not confer racial neutrality upon the law. I’m sure if Lt. Gov. Mark Robinson (R-NC) who is black had condemned the existing law as discriminatory and based upon a desire for white supremacy – which it was – that Sen. Marcus would ignore it and call Lt. Gov. Robinson just a tool of the NRA.

For Sen. Marcus’ edification and education, here are some links that illustrate the history as well as the disparate impact of the law:

By historian Clayton Cramer – North Carolina’s Permit to Purchase Law: The Rumble Seat of Gun Control Laws?

By Nicholas Gallo in the North Carolina Law Review – Misfire: How the North Carolina Pistol Purchase Permit System Misses the Mark of Constitutional Muster and Effectiveness

Finally, a couple from myself – “An Act to Regulate the Sale of Concealed Weapons in North Carolina” – Part I and “An Act to Regulate the Sale of Concealed Weapons in North Carolina” – Part II

I do not hold the fact that Sen. Marcus was born and bred in New York against her. My mother was born and raised in New York and Paul Valone who has been tireless in the fight to overturn this Jim Crow law is also a New York native.

I do hold her ignorance of North Carolina history against her. I also find it contemptuous that she uses the testimony of a NAACP leader as her justification for saying the law is not racist. To be perfectly frank, she couldn’t care less whether it was or was not racist. All that matters to her is that it is gun control of which she is a card carrying supporter.

Democrats Vote To Preserve Jim Crow Law

Every Democrat in the North Carolina Senate save two voted against the repeal of the pistol purchase permit. As I and others have noted many times, the history and purpose of this bill passed in 1919 was to disarm black North Carolinians.

The only two Democrats who didn’t vote against repeal of this Jim Crow law were Sen. Don Davis (D-Greene, Pitt) who didn’t vote and Sen. Ernestine Bazemore (D-Beaufort) who had an excused absence. By contrast, every Republican supported the repeal with the exception of Sen. Bob Steinburg (R-Camden) who had an excused absence.

HB 398 had already passed the NC House of Representatives with bi-partisan support.

The bill has passed its 2nd and 3rd readings and has been enrolled. It now goes to Gov. Roy Cooper’s desk where undoubtedly he will continue the Democrat’s support of a law conceived in racism. A law that research in the North Carolina Law Review has shown still discriminates against blacks.

In a day and time when I get virtually daily emails from liberal groups denouncing Confederate statues as racist symbols and college buildings being renamed due to the segregationist past of their namesakes, I find it hard to comprehend just how strongly Democrat legislators, both white and black, cling to a law conceived in racism. Not only was it conceived in racism but the law still has a disparate impact on minorities.

I guess Democrats are more afraid of white women funded by a New York billionaire than they are of their own minority constituents. Go figure.

HB 398 Coming To Vote In NC Today

HB 398, the repeal of North Carolina’s pistol purchase permit, will be coming up for a vote in the NC Senate soon today. That may even be today as it has passed both the Senate Judiciary and Rules Committee. The NC House has already approved the repeal with a bipartisan majority. Undoubtedly, Gov. Roy Cooper (D-NC) will veto it and it will come up for an override. Pressure needs to be put on both Republicans and Democrats in the NC Senate to pass the bill and then to vote for the override.

Grass Roots North Carolina has been leading the fight on this for years. They sent out the following alert last night. I have sent my letters and I’d encourage you to do so as well. On the letter to Democrats, I added that we take down Confederate monuments as “racist” – shouldn’t we repeal a law that is actually still discriminating against blacks?

Action Vital to Repeal Purchase Permits

HB 398 to repeal our Jim Crow-era pistol purchase permit law passed the Senate Rules Committee today and heads to the floor for a vote as early as tomorrow. Please contact all members of the NC Senate immediately!
In today’s committee hearing, articulate defense of the bill was provided by sponsor Rep. Jay Adams (R-Catawba), Sen. Chuck Edwards (R- Buncombe, Henderson, Transylvania) and Sen. Ralph Hise (R- Madison, McDowell, Mitchell, Polk, Rutherford, Yancey). The usual leftist whining was made by Sen. Jay Chaudhuri (D-Wake). Thanks are also due Senate President Pro Tem Phil Berger and Rules Chair Sen. Bill Rabon for moving HB 398 in a timely fashion.
GRNC president Paul Valone testified to the committee, noting both the racist origins of the law. (which is being racially applied even today), and the fact that GRNC has so far had to sue two sheriffs to get permits issued in the 14 days required by statute even as broad scale civil unrest causes thousands of new gun owners to unsuccessfully seek permits. After his testimony, Chaudhuri commented that it was acceptable that gun owners should have to sue sheriffs merely to exercise their rights. 
As usual, Marcus and representatives of North Carolinians “Against Gun Violence” (formerly North Carolinians for Gun Control) promulgated mistruths about guns being purchased without background checks at gun shows and online sales, blithely ignoring the reality that the same laws apply in those venues as anywhere else. 
Amusingly enough, Marcus admitted the Jim Crow discriminatory origins of a law which is being used even now to disproportionately deny guns to minorities, meaning that in the interest of banning guns, Democrats are now defending racism.
Perhaps most ironic was Marcus’ claim that she is “not anti-gun” but merely “anti-violence,” which not only belied the fact that she and others like her always support restrictions on gun ownership, but also attempted to falsely cast gun rights supporters as “pro-violence.”
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IMMEDIATE ACTION REQUIRED!
HB 398 Will have a probable floor vote tomorrow. Accordingly, we need you to contact all members of the NC Senate to tell them to support the bill. Please note that we are using different messages for Republicans vs. Democrats.

Senate Republicans:  Ted.Alexander@ncleg.gov; Deanna.Ballard@ncleg.gov; Lisa.Barnes@ncleg.gov; Phil.Berger@ncleg.gov; Danny.Britt@ncleg.gov; Jim.Burgin@ncleg.gov;Kevin.Corbin@ncleg.gov; David.Craven@ncleg.gov; Warren.Daniel@ncleg.gov; Chuck.Edwards@ncleg.gov; Carl.Ford@ncleg.gov; Amy.Galey@ncleg.gov; Kathy.Harrington@ncleg.gov; Ralph.Hise@ncleg.gov; Brent.Jackson@ncleg.gov; Steve.Jarvis@ncleg.gov; Todd.Johnson@ncleg.gov; Joyce.Krawiec@ncleg.gov; Michael.Lazzara@ncleg.gov; Michael.Lee@ncleg.gov; Tom.McInnis@ncleg.gov; Paul.Newton@ncleg.gov; Jim.Perry@ncleg.gov; Dean.Proctor@ncleg.gov;Bill.Rabon@ncleg.gov; Norman.Sanderson@ncleg.gov; Vickie.Sawyer@ncleg.gov; Bob.Steinburg@ncleg.gov
Senate Democrats:
Sydney.Batch@ncleg.gov; Ernestine.Bazemore@ncleg.gov; Dan.Blue@ncleg.gov; Jay.Chaudhuri@ncleg.gov; Ben.Clark@ncleg.gov; Sarah.Crawford@ncleg.gov;Don.Davis@ncleg.gov; Kirk.deViere@ncleg.gov; Toby.Fitch@ncleg.gov; Valerie.Foushee@ncleg.gov; Michael.Garrett@ncleg.gov; Jeff.Jackson@ncleg.gov; Paul.Lowe@ncleg.gov; Natasha.Marcus@ncleg.gov; Julie.Mayfield@ncleg.gov; Mujtaba.Mohammed@ncleg.gov; Natalie.Murdock@ncleg.gov; Wiley.Nickel@ncleg.gov;Gladys.Robinson@ncleg.gov; DeAndrea.Salvador@ncleg.gov; Joyce.Waddell@ncleg.gov; Mike.Woodard@ncleg.gov  
DELIVER THIS MESSAGE

Message for Senate Republicans: Suggested subject: “Support HB 398: Repeal archaic permit law”   Dear Senator:
Please accept my thanks to Republicans for moving HB 398, “Repeal Purchase Permit Law,”. 
If the law is repealed, background checks for gun purchases will be done at the time of sale, rather than up to five years earlier, as under current law. In fact, the Charlotte Observer documented cases of people getting purchase permits, committing crimes, but still having permits available for use (and to bypass the National Instant Background Check System) even after becoming ineligible to purchase firearms.
This year, the North Carolina Sheriffs Association reversed its position and now supports repealing the law. With both gun rights supporters and law enforcement organizations now supporting repeal, only gun control advocates want to keep the system despite the fact that it gives criminal access to firearms.
I will be monitoring all actions on HB 398 through Grass Roots North Carolina legislative alerts.
Respectfully, Message for Senate Democrats: Suggested subject: “Support HB 398: Repeal racist permit law”
Dear Senator:
In the interest of bringing background checks into the 21st Century, I strongly urge you to support HB 398, “Pistol Purchase Permit Repeal.” The North Carolina Sheriffs’ Association now supports repeal of our Jim Crow-era pistol purchase permit law as “duplicative.” Meanwhile, as depicted in a recent NC Law Review paper, black applicants are being denied permits at a rate three times that of whites, revealing that racism in permit issuance continues to this day.
Moreover, sheriffs in Wake, Mecklenburg and Guilford counties are using the law to obstruct lawful citizens from obtaining handguns for self-defense, even as rising civil unrest around the country makes it more vital than ever that citizens have the means to defend their families.
Worse, an investigation by the Charlotte Observer found that pistol purchase permits, which are untraceable and valid for five years, continue to be held – and potentially used to bypass background checks – by people who subsequently become ineligible to own guns.
I strongly encourage you to support repeal of the archaic permit law, after which background checks for gun purchases will be done at the point of sale, not up to five years prior. I will continue to monitor this issue through Grass Roots North Carolina legislative alerts.
Respectfully,

NC Republicans Waffle on Pistol Purchase Permit Fix

In a year in which we saw the state of Iowa ditch their requirement for a pistol purchase permit, the Republicans in the North Carolina General Assembly still are kowtowing to the NC Sheriffs Association. Certain sheriffs in North Carolina have been obstructing the issuance of pistol purchase permits since the beginning of the pandemic.

A simple bill, HB 398, would provide citizens of a county an alternative where their sheriff has been one of these obstructionists. It simply allows them to apply for a permit in an adjoining county. So, for example, a citizen of Wake County, where Sheriff Gerald Baker has been such an obstructionist that he is being sued in US District court, could apply for a permit in one of the seven adjoining counties. This bill is a mere tweak to a Jim Crow law that should have been ditched years ago. Notwithstanding that the sheriffs of the seven largest counties in the state are all African-American who you would think would want such a racist law abolished, the NC Sheriffs Association seems to be objecting to such a fix. That has the GOP in the General Assembly – or some of them – caving.

Grass Roots North Carolina has fought the issue for over 20 years. They just issued an alert after HB 398 was removed from a hearing calendar.

NC SHERIFFS EFFECTIVELY SAY ‘POUND SAND’
In the early months of the pandemic, GRNC began receiving complaints of abuse of the NC pistol purchase permit system by sheriffs in Wake and Mecklenburg counties and elsewhere. Wake County Sheriff Gerald Baker even tried to stop issuing permits altogether…until GRNC and two other organizations sued him. Yet despite even this, purchase permit and concealed handgun applicants are reporting multi-month delays in scheduling appointments for permits.

NC Sheriffs effectively say ‘pound sand’ GRNC has been trying to repeal the Jim Crow-era purchase permit law for 20+ years, even getting a repeal through the NC Senate in 2014. Unfortunately, each time we have encountered opposition from the powerful NC Sheriffs Association (NCSA).

In the interest of getting permits into the hands of applicants until we can fully repeal the law, Representative Jay Adams (R-Catawba, GRNC ****) introduced HB 398, a simple bill to at least allow applicants to apply in counties adjoining their county of residence if their own sheriff is being obstructionist. 

The bill was calendared for a hearing last Wednesday…until, apparently, the Sheriffs’ association objected to even that minor change. Then Judiciary 4 Committee Chair Hugh Blackwell (R-Burke) pulled it from the calendar at the last minute, claiming leadership planned to “improve” the bill, but not telling anyone what the “improvements” might be, suggesting that Republicans might once again be caving to the NCSA
IMMEDIATE ACTION REQUIRED!
With the crossover deadline little more than a month away, your IMMEDIATE action is crucial. Please send three emails and make three phone calls:
CALL AND EMAIL: NC House Speaker Tim Moore at: (704) 739-1221   (919) 733-3451   Tim.Moore@ncleg.gov 

CALL AND EMAIL: NC House Rules Chair Destin Hall at: (919) 733-5931   (919) 733-5931   Destin.Hall@ncleg.gov

CALL AND EMAIL: NC House Judiciary 4 Committee Chair Hugh Blackwell at: (919) 733-5805   (919) 733-5805  Hugh.Blackwell@ncleg.gov

CONTACT INFO Tim.Moore@ncleg.gov; Destin.Hall@ncleg.gov; Hugh.Blackwell@ncleg.gov  
DELIVER THIS MESSAGE

Suggested Subject: “Enough is enough: Pistol permit obstruction must stop!”    

Dear :[Speaker Moore/Rep. ___:]
You must stop obstruction of NC pistol purchase permits and the resulting denial of citizens’ rights by returning House Bill 398 to the House calendar for immediate action.

Using COVID-19 and increased permit applications as an excuse, sheriffs in Wake and Mecklenburg counties, among others, are obstructing pistol purchase permits and concealed handgun permits, often taking months to schedule appointments for applications, even in the face of multiple lawsuits filed by Grass Roots North Carolina and others.
For years, sheriffs have objected to repealing our Jim Crow-era pistol purchase permit law – a racist law passed to prevent minorities from buying guns for self-protection. Now we are encountering resistance even to a small and simple change which would allow permit applicants to bypass obstructionist sheriffs by applying in adjacent counties.

Enough is enough. Citizens have been denied their right to purchase handguns for self-protection for entirely too long. In the 2020 elections, gun voters supported you because they expect you to protect and defend the Second Amendment. 

It is now time for you to do what we elected you to do by passing House Bill 398. Additionally, please advise me of your position on this issue. I will be monitoring your actions through Grass Roots North Carolina legislative alerts.
Respectfully,

The official state motto of North Carolina is Esse Quam Videri. Translated from the Latin it means “To be rather than to seem.” The Republicans in the General Assembly always say they support the Second Amendment and gun rights. If so, now is the time for them to be rather than to seem!