Mecklenburg County

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McFadden caves on gun permit delays

September 3, 2024 by 2 Comments

Sheriff Garry McFadden of Mecklenburg County, NC had a disingenuous way of delaying the issuance of NC Concealed Handgun Permits. Under the guise of investigating an applicant’s mental health status, he would have all applicants’ names sent to the Veterans Administration for a copy of their records. Notice I said all. The VA would be getting requests for mental health records for applicants who had never, ever served in any branch of the US military. This created both a paperwork headache for the VA and a prolonged delay for the applicant.

Based on this, Grass Roots NC, Gun Owners of America, and individual sued in US District Court for the Western District of NC. It appears a settlement is in the works which still requires the approval of Judge Max O. Cogburn, Jr.

GRNC released the following last night.

In recent days, a press release from the Mecklenburg County Sheriffs’ Office (MCSO) has caused Charlotte news media to prematurely report a settlement in the lawsuit filed by Grass Roots North Carolina, Gun Owners of America, and individual plaintiffs against Mecklenburg County Sheriff Garry McFadden. 

Per advice from GRNC’s legal team, we have so far refrained from giving details of the settlement. Given MCSO’s public statement adding “spin” to McFadden’s defeat, however, GRNC is compelled to tell the truth about what has been tentatively agreed to by the parties.

At issue are what appear to be intentional delays in issuing concealed handgun permits (CHPs) by McFadden, who previously sent mental health record requests to the Veteran’s Administration for all permit applicants, regardless of whether they served in the military, flooding the VA with paperwork in order to create delays in permits.

This is the second lawsuit GRNC and GOA have filed against McFadden over permit delays. Between the two suits, GRNC and GOA have ended McFadden’s gun permit delays in the following ways:

  • Repealing NC’s Jim Crow-era pistol purchase permit law, used by urban sheriffs to delay handgun purchases;
  • Ending the MCSO practice of requiring CHP applicants to schedule appointments, often months ahead, to apply;
  • Ending the practice of sending mental health records requests to the VA for all applicants;
  • Requiring the sheriff to make mental health record requests only for applicants who have previously sought mental health treatment (tentative); and
  • Paying $5,000 toward damages and legal fees suffered by the plaintiffs (tentative).

Most amusing was McFadden’s statement that he will continue to “inquire of each applicant whether the applicant has sought mental health treatment.” In truth, he is required to do so. In fact, it is a part of the CHP application form stipulated by the NC Administrative Office of the Courts.

While we are disappointed that McFadden refuses to pay the full legal fees incurred by those denied their rights due to his malfeasance as a public servant, as a public policy organization, GRNC is happy that McFadden has capitulated on permit delays.

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Natasha Marcus Finds GRNC Takes No Prisoners

September 8, 2021 by 2 Comments

You may remember NC State Senator Natasha Marcus (D-Mecklenburg). She is the senator who contended that North Carolina’s pistol purchase permit system was not racist despite its origins and its disparate impact on African-Americans. In her floor debate, she also made the claim that the law stopped more than 2,300 permits from being issued in her county despite having passed a NICS check.

It was an outrageous claim and not surprising coming from someone proudly claiming to be a member of Moms Demand Action.

Using both FOIA requests and multiple letters to Sen. Marcus, Grass Roots North Carolina found that her claims were, as the saying goes, made out of whole cloth. In other words, she made it up.

Grass Roots North Carolina is now asking that she receive formal discipline by the North Carolina Senate for her false claims.

From GRNC:

Group Demands Disciplinary Action 

Against Sen. Natasha Marcus

NC State Senator propagates falsehood during floor 

debate over purchase permit repeal bill

[Raleigh] Grass Roots North Carolina today demanded disciplinary action by Senate President Pro Tempore Phil Berger against Mecklenburg County Senator Natasha Marcus after finding conclusive documentation that during the Senate floor debate over House Bill 398 (“Repeal Purchase Permits”), Marcus falsely claimed to have proof that repealing the purchase permit system would result in handguns purchased by unqualified buyers who pass the FBI computerized background check but otherwise “failed the permit application.”

FOIA requests to the Mecklenburg County Sheriff Office (MCSO) now conclusively demonstrate that the numbers claimed by Marcus are false, demonstrating that she mislead her colleagues and constituents alike during debate over the bill.

Below is the letter delivered today to Sen. Berger demanding formal disciplinary action under Article II, Section 20 of the North Carolina Constitution. Copies of the letter from MCSO documenting the falsehood as well as the legal memo from GRNC Director of Legal Affairs Ed Green are available upon request.

———————————–

September 8, 2021

The Honorable Phil Berger, President Pro Tempore

16 West Jones Street, Room 2007

Raleigh, NC 27601

Dear Senator Berger:

Grass Roots North Carolina has now received conclusive proof that in the August 18, 2021 Senate floor debate over House Bill 398 (“Repeal Purchase Permits”), Sen. Natasha Marcus used false information to  attack the bill. 

As documented in the recording we have posted at https://www.grnc.org/hb-398-audio, Marcus claimed background checks for pistol purchase permits (PPPs) are supposedly superior to those conducted under the FBI’s National Instant Background Check System (NICS), saying:

“In Mecklenburg County, in the last fiscal year, over 2,300 permit applications passed the NICS background check but failed the permit application. So if this bill passed, all 2,300 plus of those applicants will now have a new unrestricted pass to purchase a handgun…”

That assertion is false. As outlined in the attached letter from Mecklenburg County Sheriff Office Public Information Manager Janet Parker in response to a FOIA request by GRNC Director of Legal Affairs Ed Green, the number of permit denials claimed by Marcus is not of people who passed NICS but were denied by Sheriff Garry McFadden; in fact, it represents all permit denials for the fiscal year 2021, including those denied via NICS.

When questioned on the source of her information, Marcus failed to provide the data for eight days, claiming that her unspecified “source” was gathering documentation. Only in response to my open letter to the Senate did she claim the information was provided by Permitium, LLC lobbyist Andy Munn in a series of text messages for which she provided screen images.

When called out publicly, Marcus doubled down on her claim, saying: 

“You will see that the texts confirm exactly what I said on the floor: More than 2,300 permits were denied in Mecklenburg County during the last fiscal year due to issues that became apparent AFTER the applicant had passed a NICS check.  This proves that the permit check system is neither duplicative nor unnecessary. It is an important tool to keep handguns away from dangerous and unstable people and it saves lives.  Your efforts to eliminate it are reckless.”

But referencing the number of denials claimed (2,379) to have passed NICS but “failed the permit application”, MCSO’s Public Information Manager responded:

“The number of PPP application denials in your request appears to represent the total number of denials (or very close to the actual total) for the entire fiscal year, including denials based on NICS disqualifiers. MCSO does not keep records distinguishing reasons for denial contained within NICS and reasons for 

denial outside of NICS. Nor does the MCSO keep easily accessible records that indicate all of the reasons for a PPP application denial when there are multiple reasons for denying a single application.”

Facts about Mecklenburg County pistol purchase permit denials:

  • MCSO does not keep the statistic claimed by Marcus: Permitium lobbyist Andy Munn could not tell Marcus how many passed NICS but failed the application because MCSO does not enter or store that information.
  • Marcus’ claim covers all denials, including those stopped by NICS: The total number of denials was 2,378 including those stopped by NICS – one less than Marcus claimed “passed the NICS background check but failed the permit application.”
  • The denials do not mean 2,378 people couldn’t purchase handguns: Some reasons for denial, such as failure to pay the permit fee or sign the release, or failure to provide previously requested documentation, were probably cured in a subsequent application that resulted in issuance of a PPP.
  • Denials included 426 who weren’t residents of Mecklenburg County: These applicants were likely eligible to own firearms but simply applied in the wrong county.

Sen. Marcus should be held to account:

Because effective public policy relies on accurate, honest information, propagating false information to colleagues and constituents represents serious misconduct, particularly when the falsehoods are uttered in a floor debate to mislead legislative colleagues with respect to legislation under debate.

Accordingly, please consider this a request by Grass Roots North Carolina for Senate leadership to formally discipline Senator Natasha Marcus as authorized under Article II, Section 20 of the North Carolina Constitution, the authority for which is outlined in a January 9, 2008 North Carolina House of Representatives memo entitled “Authority of Legislative Bodies to Discipline Members.” 

Respectfully,

F. Paul Valone

President, Grass Roots North Carolina

Executive Director, Rights Watch International

Radio host, Guns, Politics and Freedom

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A Right Delayed…

May 21, 2021 by 3 Comments

Is a right denied has been attributed to Dr. Martin Luther King, Jr.

Given Dr. King was denied a carry permit in Alabama, this story from Mecklenburg County, North Carolina is a prime example of what he spoke about.

Local Charlotte TV station WBTV did an investigative report on how long it takes to get a North Carolina Concealed Handgun Permit in that county. If you took a class now, you will get your shall-issue permit in about a year.

By contrast, in surrounding counties such as Gaston and Union, you would receive your permit is about 90 days.

From WBTV:

“If you’re in Mecklenburg County, expect it to be about a year from the time you take the class, get an appointment to start your application and then the application will be processed,” Cranston said.

Records received by WBTV from the Mecklenburg County Sheriff’s Office show that process is taking an incredibly long time.

“It’s not that the Sheriff’s Office is making it longer than it is cut out to be. It is that the numbers have went up,” Meckelnburg County Sheriff Garry McFadden said.

Since January of 2020 there have been more 13,000 new applications and nearly 5,000 renewals. About 42 percent of those have been completed.

McFadden says he’s hiring additional staff and has authorized thousands of hours of overtime to help catch up. WBTV asked him what else he could be doing to get through applications more quickly.

“We are going to hire more staff. But as we hire, the demand is still there,” McFadden said.

“Every application that we work on that is, that is an application that we’re catching up on. We’re trying to catch up, but the volume is still coming in,” McFadden said.

Right now, the sheriff’s office is currently processing applications from December and the next appointment to get fingerprinted isn’t until October of this year.

The process is supposed to take just 90 days and under state law the sheriff’s office is supposed to notify applicants whether their permit will be approved or denied in 14 days.

Follow the this link to see the video of the sheriff’s interview. He has poor mouthing down to an art form.

I have no knowledge of any pending lawsuits given he is in violation of state law. That said, I wouldn’t be surprised if one or more are on the horizon.

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The Mecklenburg Declaration and Resolves (Reposted)

July 4, 2020 by

I originally posted this on July 4th of 2010 and have reposted every year since then. I am reposting it to recognize these early North Carolina patriots from Mecklenburg County. Despite all the changes in the Queen City since then, there are still many there or from there who continue the fight for liberty and especially our Second Amendment rights.

Before there was a Declaration of Independence of 1776, there were the Mecklenburg Declaration of May 20, 1775 and the Mecklenburg Resolves of May 31, 1775. While there is significant controversy over the authenticity of the former, there is none regarding the latter. There is controversy about the Mecklenburg Declaration because the original copy is reputed to have been destroyed in a fire and mention of it then only comes to light in 1819. Nonetheless, May 20, 1775 is the date enshrined on both the Great Seal of the State of North Carolina and the State Flag.

Both the Declaration and the Resolves were adopted in Charlotte Town in Mecklenburg County, North Carolina. Charlotte Town is now known as Charlotte. The area had been settled by the heavily Presbyterian immigrants from Northern Ireland and Scotland known as the Scotch-Irish. Upon hearing of the Battles of Lexington and Concord, they had been outraged and the Declaration was the result.

The Mecklenburg Declaration

  1. That whosoever directly or indirectly abetted or in any way, form or manner countenanced to unchartered & dangerous invasion of our rights as claimed by G. Britain is an enemy to this County – to America & to the inherent & inaliable rights of man.
  2. We the Citizens of Mecklenburg County do hereby desolve the political bands which have connected us to the Mother Country & hereby absolve ourselves from all allegiance to the British crown & abjure all political connection, contract or association with that nation who have wantonly trampled on our rights & liberties & inhumanely shed the innocent blood of American patriots at Lexington.
  3. We do hereby declare ourselves a free and independent people – are & of right ought to be a sovereign & self-governing association, under the controul of no power other than that of our God & the general government of the congress, to the maintainence of which independence civil & religious we solemnly pledge to each other our mutual cooperation, our lives, our fortunes & our most sacred honor.
  4. As we now acknowledge the existence & controul of no law or legal officers, civil or military, within this County, we do hereby ordain & adopt as a rule of life, all, each & every of our former laws – wherein nevertheless the crown of great britain never can be considered as holding rights, privileges, immunities, or authority therein.
  5. It is also further decreed that all, each & every military officer in this County is hereby reinstated in his former command & authority, he acting conformably to these regulations. And that every member present of this delegation shall henceforth be a civil officer, viz. a Justice of the peace in the character of a ‘Committee-man’ to issue process, hear & determine all matters of controversy according to sd. adopted laws – to preserve peace, union & harmony in sd. County & to use every exertion to spread the love of country & fire of freedom throughout America until a more general & organized government be established in this province. A selection from the members present shall constitute a Committee of public safety for sd. County.
  6. That a copy of these resolutions be transmitted by express to the President of the Continental Congress assembled in Philadelphia, to be laid before that body.
    Ephraim Brevard
    Hezekiah J. Balch
    John Phifer
    James Harris
    William Kennon
    John Foard
    Richard Barry
    Henry Downs
    Ezra Alexander
    Charles Alexander
    Zaccheus Wilson
    Waightstill Avery
    Benjamin PattonMatthew McClure
    Neil Morrison
    Robert Irwin
    John Flennegin
    David Reese
    William Graham
    John Queary
    Hezekiah Alexander
    Adam Alexander
    John Davidson
    Richard Harris
    Thomas Polk
    Abraham AlexanderJohn McKnitt Alexander

While there still exists much controversy on the authenticity of the Declaration, none exists with regard to the Resolves adopted on May 31, 1775. Captain James Jack of Charlotte was sent with a copy of the resolves and a letter to the North Carolina delegates to the Continental Congress requesting their approval by Congress.

The Mecklenburg Resolves

This day the Committee of this County met, and passed the following Resolves:
WHEREAS by an Address presented to his Majesty by both Houses of Parliament in February last, the American Colonies are declared to be in a state of actual rebellion, we conceive that all Laws and Commissions confirmed by, or derived from the Authority of the king or Parliament, are annulled and vacated, and the former civil Constitution of these Colonies for the present wholly suspended. To provide in some Degree for the Exigencies of the County in the present alarming Period, we deem it proper and
necessary to pass the following resolves, viz.
1. That all Commissions, civil and military, heretofore granted by the Crown, to be exercised in these Colonies, are null and void, and the Constitution of each particular Colony wholly suspended.
2. That the Provincial Congress of each Province, under the Direction of the Great Continental Congress, is invested with all legislative and executive Powers within their respective Provinces; and that no other Legislative or Executive does or can exist, at this Time, in any of these Colonies.
3. As all former Laws are now suspended in this Province, and the Congress have not yet provided others, we judge it necessary, for the better Preservation of good Order, to form certain Rules and Regulations for the internal Government of this County, until Laws shall be provided for us by the Congress.
4. That the Inhabitants of this Country do meet on a certain Day appointed by this Committee, and having formed themselves into nine Companies, to wit, eight for the County, and one for the Town of Charlotte, do choose a Colonel, and other military Officers, who shall hold and exercise their several Powers by Virtue of this Choice, and independent of Great-Britain, and former Constitution of this Province.
5. That for the better Preservation of the Peace, and Administration of Justice, each of these Companies do choose from their own Body two discreet Freeholders, who shall be impowered each by himself, and singly, to decide and determine all Matters of Controversy arising within the said Company under the Sum of Twenty Shillings, and jointly and together all Controversies under the Sum of Forty Shillings, yet so as their Decisions may admit of Appeals to the Convention of the Select Men of the whole County; and also, that any one of these shall have power to examine, and commit to
Confinement , Persons accused of Petit Larceny.
6. That those two Select Men, thus chosen, do, jointly and together, choose from the Body of their particular Company two Persons, properly qualified to serve as Constables, who may assist them in the execution of their Office.
7. That upon the Complaint of any Person to either of these Select men, he do issue his Warrant, directed to the Constable, commanding him to bring the Aggressor before him or them to answer the said Complaint.
8. That these Eighteen Select Men, thus appointed, do meet every third Tuesday in January, April, and October, at the Court-House in Charlotte to hear and determine all Matters of Controversy of Sums exceeding Forty Shillings; also Appeals: And in Cases of Felony, to commit the Person or Persons convicted thereof to close Confinement, until the Provincial Congress shall provide and establish Laws and Modes of Proceeding in Such Cases.
9. That these Eighteen Select Men, thus convened, do choose a Clerk to record the Transactions of the said Convention; and that the said Clerk, upon the Application of any Person or Persons aggrieved, do issue his Warrant to one of the Constables, to summons and warn the said Offender to appear before the convention at their next sitting, to answer the aforesaid Complaint.
10. That any Person making Complaint upon Oath to the Clerk, or any Member of the Convention, that he has Reason to suspect that any Person or Persons indebted to him in a Sum above Forty Shillings, do intend clandestinely to withdraw from the County without paying such Debt; the Clerk, or such Member, shall issue his Warrant to the Constable, commanding him to take the said Person or Persons into safe Custody, until the next
sitting of the Convention.
11. That when a Debtor for a Sum below Forty Shillings shall abscond and leave the County, the Warrant granted as aforesaid shall extend to any Goods or Chattels of the said Debtor as may be found, and such Goods or Chattels be seized and held in Custody by the Constable for the space of Thirty Days; in which Term if the Debtor fails to return and discharge the Debt, the Constable shall return the Warranty to one of the Select Men of the Company where the Goods and Chattels were found, who shall issue Orders to the Constable to sell such a part of the said Goods as shall amount to the Sum due; that when
the Debt exceeds Forty Shillings, the Return shall be made to the Convention, who shall issue the Orders for Sale.
12. That Receivers and Collectors for Quitrents, Public and County Taxes, do pay the same into the Hands of the Chairman of this Committee, to be by them disbursed as the public Exigencies may require. And that such Receivers and Collectors proceed no farther in their Office until they be approved of by, and have given to this Committee good and sufficient Security for a faithful return of such Monies when collected.
13. That the Committee be accountable to the County for the Application of all Monies received from such Officers.
14. That all these Officers hold their Commissions during the Pleasure of their
respective Constituents.
15. That this Committee will sustain all Damages that may ever hereafter accrue to all or any of these Officers thus appointed, and thus acting, on Account of their Obedience and Conformity to these Resolves.
16. That whatever Person shall hereafter receive a Commission from the Crown, or attempt to exercise any such Commission heretofore received, shall be deemed an Enemy to his Country; and upon Information being made to the Captain of the Company where he resides the said Captain shall cause him to be apprehended, and conveyed before the two Select Men of the said Company, who, upon Proof of the Fact, shall commit him the said Offender into safe Custody, until the next sitting of the Convention, who shall deal with him as Prudence may direct.
17. That any Person refusing to yield Obedience to the above Resolves shall be deemed equally criminal, and liable to the same Punishments as the Offenders above last mentioned.
18. That these Resolves be in full Force and Virtue, until Instructions from the General Congress of this Province, regulating the Jurisprudence of this Province, shall provide otherwise, or the Legislative Body of Great-Britain resign its unjust and arbitrary Pretentions with Respect to America.
19. That the several Militia Companies in this county do provide themselves with proper arms and accoutrements, and hold themselves in constant Readiness to execute the commands and Directions of the Provincial Congress, and of this committee.
20. That this committee do appoint Colonel Thomas Polk, and Doctor Joseph Kennedy, to purchase 300 lb. of Powder, 600 lb. of Lead, and 1000 Flints; and deposit the same in some safe place, hereafter to be appointed by the committee.
Eph. Brevard, Clerk of the Committee.
Singed by Order of the Committee.

This document was printed in the North Carolina Gazette on June 16, 1775,
and the Cape-Fear Mercury on June 23, 1775. There was a slight variation in wording in the two newspapers.

 So on this day as we honor the Nation’s Founders and the Declaration of Independence of 1776, let us also honor these men from a provincial North Carolina backwater who recognized that our future lay in independence from Great Britain.

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What Sheriff Bailey Didn’t Say

July 19, 2013 by 1 Comment

Mecklenburg County Sheriff Chipp Bailey is one of the North Carolina sheriffs who is determined to retain the state’s racist, Jim Crow-era pistol purchase permit system. In an interview given to WCNC-TV of Charlotte, Sheriff Bailey contends that the pistol purchase permit system would have prevented the shooters in Tucson, Virginia Tech, and Aurora from obtaining their pistols.

Mecklenburg County Sheriff Chipp Bailey said that he agrees with every law-abiding citizen’s right to own firearms, but says he wants the state to continue to allow his office the right to dispense permits, because of the NICS system does not catch all mental health issues.

“We also check our transport logs for involuntary commits and those kinds of things which wouldn’t be picked up by NICS or some other device.” Sheriff Bailey said, “I think it’s important for us to know who is being permitted for firearms or who is going out to buy firearms…until the process gets where you can really count on it, then I think the sheriff’s need to be involved with it.”

There is only one little flaw in Sheriff Bailey’s argument. Once the permit which is good for five years is issued, it can’t be revoked. It also substitutes for the NICS check. Thus, a person who based a background check up to five years ago can take their permit to a FFL, present their permit, buy a gun, and avoid the NICS check. If they have committed a felony, a misdemeanor involving domestic violence, or had been adjudicated mentally ill after being issued the permit, they could still obtain a firearm. I don’t think the fact that they would be committing a Federal felony by lying on the ATF Form 4473 would matter much to such a person.

The Charlotte Observer – Sheriff Bailey’s local paper – did an analysis on pistol purchase permits. It found more than 60 felons in Mecklenburg County alone held pistol purchase permits. A NICS check would have caught these felons when they tried to purchase a firearm.

Mecklenburg County is also lagging the state in the issuance of Concealed Handgun Permits according to the most recent data. As Sean points out here, something is a little fishy when Mecklenburg County has only seen a rise of 2.83% in new permits as compared to the statewide figure of 9.36%. Moreover, just slightly smaller Wake County has issued 4.5 times as many permits in the same time period.

I think Sheriff Bailey, despite his so-called support for the citizen’s right to own a firearm, has some explaining to do.