FNH Contends Ruger’s SFAR Violates SCAR Trademark

FN Herstal SA and FN America LLC filed a trademark lawsuit against Sturm, Ruger and Company yesterday in US District Court for the Middle District of North Carolina. They are contending that Ruger’s SFAR™ (Small Frame Automatic Rifle) violates their trademark for the FN SCAR® family of rifles and associated products. SCAR® stands for Special Operations Forces Combat/Capable Assault Rifle.

FN asserts that consumers will confuse the Ruger SFAR with their SCAR as they “are very similar or nearly identical in size, purpose, weight, feel, color, caliber, capacity, features, and even style to the firearms marketed and sold by FN for nearly fifteen (15) years under the SCAR Mark.” Moreover, they allege that since Ruger didn’t put “Ruger” in front of “SFAR” in their advertising nor put hypens between the letters it will pronounced as one word similar to that of the FN SCAR®.

As part of their complaint, they post pictures of Ruger’s SFAR™ and FN’s SCAR® as to how they are very similar in look and feel. On this, I have to disagree with the lawyers from FN. The Ruger product look very much the same as any other AR-10/AR-15 while the FN product have a much different and distinctive look about it. While FN argues that consumers will a) confuse the two products and b) think that the “SFAR” is endorsed or sponsored by FN.

FN’s complaint alleges four causes of action against Ruger. They include infringement of Federally-registered trademarks, unfair competition under the Lanham Act, violation of North Carolina’s Unfair and Deceptive Trade Practices Act, and trademark infringement under NC common law. FN seeks a permanent injunction against the use of “SFAR”, the destruction of all materials including firearms within Ruger’s possession marked with SFAR™, disgorgement of any profits from the sale of the rifle by Ruger, and finally, triple damages.

Ruger has no official response on their website as of today to this lawsuit. As the suit was filed yesterday, it is also too soon for a response in court.

So that you may view the exhibits contained in the complaint, I have embedded it below:

gov.uscourts.ncmd_.98070.1.0

GRNC-PVF Issues Recommendations For NC Primary

In advance of the March 5th North Carolina Primary, Grass Roots North Carolina – Political Victory Fund has released their recommendations. These recommendations are not made in all races but rather in those races where pro-gun candidates stand out. If the race is uncontested in the primaries, no recommendation is issued. A recommendation is more limited than a blanket endorsement.

It should be noted that One-Stop Early Voting in the primary begins on February 15th. You can go here to find the early voting locations for your county.

Here are GRNC-PVF’s recommendations for both Federal and NC state races:

FEDERAL RACES

US HOUSE

Unfortunately, leftists are still filing litigation against congressional districts, trying once again to deprive you of the political districts you sent representatives to the General Assembly to draw. Barring successful litigation, however, the districts and races where you can make a difference are listed below.

District 1 (R): In this swing district, the Republican primary features 2 candidates, both of whom returned GRNC’s candidate survey: Laurie Buckhout (96%, GRNC ****), Sandy Smith (99%, ****), with the winner running against incumbent Democrat Don Davis (GRNC 0-star). Both Republicans list support for the 2nd Amendment on their websites, so GRNC-PVF has no recommendation in this race.

District 2 (R): In this solidly Democrat district, the winner of the Republican primary will unfortunately face incumbent Deborah Ross (GRNC 0-star) in the General. Of three Republican candidates, only Eugene F. Douglass (96%, ****) returned the GRNC survey. GRNC-PVF recommends EUGENE F DOUGLASS.

District 3 (R): In this solidly Republican district, incumbent Greg Murphy (survey: 94%, voting: 92%, ****) has no primary opponent.

District 4 (R): In what is the most Democrat district in NC, with a Republican primary winner who will face Valerie Foushee (GRNC 0-star) in the General, GRNC-PVF recommends MAHESH (MAX) GANORKAR (survey: 100%, ***) over Eric Blankenburg (survey: NR, 0-star).

District 5 (R): In this solidly Republican district, GRNC-PVF recommends incumbent VIRGINIA FOXX (survey: 100%, voting: 92%, ****) over challenger Ryan Mayberry (survey: 100%, ****), but notes that Foxx has dropped gun votes in recent sessions of Congress and should be watched carefully.

District 6 (R): In this open seat in a now-Republican district with no Democrats running, whomever wins the Republican Primary will go to Washington. And as a demonstration of the increasing importance of GRNC evaluations in NC political races, all six Republican challengers submitted GRNC’s candidate survey, and all with scores of 100%, suggesting that any of them would be 2nd Amendment voters. However, the standout, who also hunts and vows to protect the 2nd Amendment on his website, as well as touting an endorsement by Donald Trump, is Addison McDowell (survey: 100%, ****). Accordingly, GRNC-PVF recommends ADDISON MCDOWELL.

District 7 (R): In this Republican-leaning district, incumbent David Rouzer (votes: 92%, ****) does not face a primary opponent.

District 8 (R): In this open seat in a Republican district, four of six candidates submitted GRNC’s candidate survey, all with scores of 98% or better. However, only one has a 100% voting record while serving in the NC House. GRNC-PVF recommends JOHN BRADFORD (survey: 100%, votes: 100%, ****).

District 9 (R): In this Republican-leaning district, incumbent Richard Hudson has improved his voting record (survey: 100%, votes: 92%, ****), and is faced with challenger Troy Tarazon (survey: 100%). Given that votes are a better indicator than survey scores, plus Hudson’s history of sponsoring pro-gun legislation, GRNC-PVF recommends RICHARD HUDSON.

District 10 (R): In this Republican-leaning district, the race for the open seat left by departing Patrick McHenry features six Republican contenders, all of whom submitted GRNC’s candidate survey with scores of 99% or higher. The party favorite, endorsed by former NC House Speaker Tim Moore, is Grey Mills (survey: 100%, votes: 100%, ****), who is leaving a NC House seat to run for Congress. But party favorites are often not the strongest 2A candidates. In this race, the standout is Pat Harrigan (survey: 100%, ****) who, by virtue of running a company that manufactures AR-15s and other firearms, is most likely to be a 2nd Amendment leader. GRNC-PVF recommends PAT HARRIGAN.

District 11 (R): In this Republican-leaning district, incumbent Chuck Edwards (survey: 100%, votes: 100%, ****) is being challenged by Christian Reagan (survey: 100%, ****). Although Edwards has angered some conservatives with votes on non-2nd Amendment issues, he has a 100% pro-gun voting record and a history of sponsoring pro-gun legislation. GRNC-PVF recommends CHUCK EDWARDS.

District 12: In this heavily Democrat district, only Addul Ali (survey: 96%, ****) registered as a Republican contender to longtime leftist Alma Adams.

District 13 (R): The race for this newly-drawn and heavily Republican district (formerly held by Democrat Wiley Nickel, 0-star) is truly a free-for-all, with 14 (yes, 14) Republicans running for the nomination and only one Democrat. Of the 14, 7 submitted GRNC’s candidate survey, with 6 earning a 4-star evaluation. GOP strategists reportedly claim the 4 serious contenders are DeVan Barber, (survey: 98%, ****), Kelly Daughtry (survey: NR, 0-star), Brad Knott (survey: 100%, ****), and Fred Von Canon (survey: 92%, ****). Of the three who submitted GRNC’s survey, only Knott touts defense of the 2nd Amendment as a campaign issue. Knott was also the only candidate to earn a perfect 100% on his survey. GRNC-PVF recommends BRAD KNOTT.

District 14: It is widely conjectured that, in redistricting, NC House Speaker Tim Moore (survey: 93%, votes: 100%, ***) drew this Republican-leaning district for himself. He is clearly the favored candidate in name-recognition, money, and party support, making him the overwhelmingly likely victor. But Moore, who started his career with a perfect 100% pro-gun voting record, has dropped to three stars (***) in recent years due to unwillingness to give certain pro-gun bills committee hearings. In 2023, he pulled permitless concealed carry bill HB 189 from its calendared floor vote at the last minute despite it having cleared two committee hearings. While Moore will probably make a good congressman and will certainly get GRNC-PVF support in the General Election, we cannot reward marginal performance in leadership. GRNC-PVF recommends opponent JEFF GREGORY (survey: 98%, ****).

STATE RACES

NC EXECUTIVE BRANCH

NC Governor (R): The Republican primary for governor has presented GRNC with a conundrum. Two candidates have distinguished themselves as Second Amendment supporters in the race, leaving our board of directors divided on which to recommend. On one hand, NC State Treasurer Dale Folwell compiled a 100% pro-gun voting record, GRNC survey scores averaging 96%, and a history of co-sponsoring pro-gun legislation while in the NC House, and has publicly called for constitutional carry, giving him GRNC’s highest 4-star evaluation (****).

On the other, Lt. Governor Mark Robinson first gained national attention with his impassioned plea for gun rights to the Greensboro City Council, coauthored an op-ed with GRNC President Paul Valone calling for repeal of our Jim Crow-era pistol purchase permit law, garnered a 100% GRNC survey, and has come out publicly for gun rights, saying: “I got them AR-15s in case the government gets too big for its britches.”

Both candidates have expressed support for constitutional carry and have promised to advocate it to the General Assembly. However, only Folwell has said so in public. The third candidate, a millionaire conducting a largely self-funded campaign, is Bill Graham (Survey: NR, GRNC 0-star), supported by the “RINO” contingent of the Republican Party, including an endorsement by Sen. Thom Tillis (GRNC 0-star), who helped craft the so-called “Bipartisan Safer Communities Act” which Joe Biden is attempting to use as a back door to universal gun registration. Given the strong Second Amendment stances of both Folwell and Robinson, in the Republican gubernatorial primary, the GRNC Political Victory Fund recommends you vote AGAINST Bill Graham.

NC Governor (L): Rarely does one see a Libertarian primary, but two Libertarians have filed for the gubernatorial primary. Because Mike Ross (survey: 100%, ****) and Shannon Bray (survey: 96%, ****) both received 4-star evaluations, GRNC-PVF has no recommendation in this race.

NC Lt. Governor (R): Another free-for-all featuring 11 Republican candidates seeking the nomination, 8 answering GRNC’s candidate survey, with 7 earning a 4-star evaluation. Two candidates have voting histories in the NCGA (Deanna Ballard, survey: 100%, votes: 100%, **** and Jeffrey Elmore, survey: 97%, votes: 100%, ****), but in their time in the legislature, neither sponsored pro-gun legislation, suggesting the 2nd Amendment is a back-burner issue for them. The candidate who stands out for 2nd Amendment voters is Hal Weatherman (survey: 100%, ****) who, despite having never serving in office, has been chief-of-staff or district office manager for three pro-gun office-holders: Congressman Sue Myrick (****), Lt. Gov. Fan Forest (****) and Congressman Madison Cawthorn (****). GRNC-PVF recommends HAL WEATHERMAN.

NC Attorney General: Although there is no Republican primary for the seat presently held by leftist Josh Stein (0-star, who is now running for governor), the Republican contender stands tall as a voice for conservatives and gun owners. Dan Bishop (survey: 88%, votes, 100%, ****) has a long history of supporting the 2nd Amendment, first in the NC House, then the NC Senate, and presently in Congress. Bishop has sponsored numerous pro-gun bills and often voted for the 2nd Amendment even when others Republicans in NC’s congressional delegation did not. GRNC-PVF strongly recommends DAN BISHOP.

NC Commissioner Agriculture (R): GRNC-PVF recommends COLBY HAMMOND (survey: 96%, GRNC ****) because incumbent Steve Troxler (survey: 95%, 0-star) insisted on posting the NC State Fair against concealed carry even when statutory requirements to do so were repealed by GRNC.

NC State Auditor (R): This race is more important to gun rights than it might seem because the state auditor has the power to audit the offices of sheriffs who delay concealed handgun permits. As the only candidate in the race with a 100% pro-gun voting record and history of sponsoring pro-gun legislation GRNC-PVF recommends JEFF TARTE (vote record: 100%, survey: 95%, ****).

NC Secretary of Labor (R): GRNC-PVF recommends JON HARDISTER (survey: 98%, VOTES: 100%, ****) who currently serves in the NC House, where he has a perfect voting record and a history of sponsoring pro-gun legislation.

NC Superintendent of Public Instruction (R): GRNC-PVF recommends MICHELE MORROW (survey: 97%, ****).

NC State Treasurer: GRNC-PVF recommends A.J. DOUD (survey: 90%, ****).

NC Secretary of State (R): GRNC-PVF recommends either CHAD BROWN (survey: 100%, ****) or CHRISTINE E. VILLAVERDE (survey: 100%, ****) over Jesse Thomas (survey: NR, 0-star).

NC JUDICIAL RACES

NC Supreme Court (R): This open seat being vacated by Michael Morgan (who is running for governor) is a potential Republican pickup which could make the NC Supreme Court 6-1 under Republican control, consolidating conservative principles from the Court for decades to come. Having long had support from GRNC-PVF in previous races, Republican Jefferson Griffin does not have a primary, but is highly worthy of support by 2nd Amendment voters. GRNC-PVF strongly recommends JEFFERSON GRIFFIN.

NC Court of Appeals Seat 12: There are no primaries for this race, securing the Republican nomination for former NC House representative Tom Murry (survey: 84%, votes: 100%, ****), who will likely get a GRNC-PVF recommendation in November.

NC SENATE

District 03 (R): GRNC-PVF recommends MICHAEL SPECIALE (voting record: 100%, survey: 100%). In addition to a 100% recent voting record in the NC House, Speciale has a history of sponsoring pro-gun legislation and standing up to leadership for gun rights. He will be a leader for your rights in the NC Senate.

District 13 (R): Both Republican candidates, Vicki Harry and Scott Lassiter, submitted GRNC surveys with scores of 100%, earning 4-star evaluations. Because neither have voting records, GRNC-PVF has no recommendation in this race.

District 42 (R): GRNC-PVF recommends JAIME DANIEL (survey: 100%, ****) over Stacie McGinn (GRNC survey: 94%, ****).

District 45 (R): GRNC-PVF recommends MARK HOLLOW (survey: 99%, voting record: 100%, ****). Opponent Nancy Meek (survey 100%, ****) is reportedly pro-gun, but Hollo has both a perfect voting record while in the NC House, and a history of sponsoring pro-gun legislation.

NC HOUSE

District 9 (R): GRNC-PVF recommends TIMOTHY REEDER (votes: 100%, ****) over Tony Moore (GRNC survey: 94%, ****) due to priority of voting record over survey scores.

District 9 (D): In a rare case of a 4-star Democrat, GRNC-PVF recommends LENTON CREDELLE BROWN (survey: 100%, ****) over Claire Kempner (survey: NR, 0-star).

District 14 (R): Incumbent George Cleveland is one of the few long-term stalwart Second Amendment defenders of the NC House, with 100% voting record, repeated 100% survey score, and long history of sponsoring pro-gun legislation, more than earning a GRNC 4-star evaluation (****). GRNC-PVF strongly recommends GEORGE CLEVELAND over challenger Wyatt Gamble (GRNC survey: NR, 0-star).

District 25 (R): In a reversal of 2022, GRNC-PVF recommends YVONNE MCLEOD (survey: 88%, ***) over incumbent Allen Chesser (survey: 100%, votes: 100%, bill support: 50%, ***), after Chesser surprised both GRNC and other legislators with an attempted gun control amendment to the pistol purchase permit repeal.

District 35 (R): GRNC-PVF recommends MIKE SCHIETZELT (survey: 99%, ****) over James Norman (survey: 100%, ****). Although Schietzelt’s survey was an insignificant one point lower, his website features defense of the 2nd Amendment as a campaign platform, while Norman says nothing about defending your rights.

District 48 (R): GRNC-PVF recommends MELISSA SWARBRICK (survey: 96%, ****) over James Diaz (survey: 90%, ****).

District 55 (R): Because voting record is a better measure of candidates than survey scores, GRNC-PVF recommends MARK BRODY (survey: 96%, votes: 100%, ****) over Richard T. Miller (GRNC survey: 91%, ****) and Arthur L. McDonald (survey: 80%, ***).

District 59 (R): GRNC-PVF recommends ALLEN CHAPELL (survey: 91%, ****) over Alan Branson (survey: 80%, ***).

District 62 (R): In his last service in the NC House, John Blust started off pro-gun. But over time, his voting record sagged to only 81%. Accordingly, GRNC-PVF recommends ANN SCHNEIDER (SURVEY: 99%, ****) over John Blust (survey: 100%, votes: 81%). Jaxon Barber, Michelle C. Bardsley, and Britt W. Moore all refused to return GRNC’s candidate survey, earning only GRNC’s lowest 0-star evaluation.

District 65 (R): GRNC-PVF recommends A. REECE PYRTLE, JR. (GRNC survey: 97%, votes: 100%, ****) over Joseph A. Gibson III (GRNC survey: 96, ****).

District 67 (R): GRNC-PVF recommends CODY HUNEYCUTT (survey: 95%, ****) over Brandon King (survey: NR, 0-star).

District 67 (R): GRNC-PVF recommends DEAN ARP (survey: 100%, votes: 100%, ****) over Clint Cannaday (survey: 88%, ***).

District 73 (R): GRNC-PVF recommends JONATHAN ALMOND (survey: 98%, ****) over Holly Edwards (survey: NR, 0-star).

NC House District 82 (R): Due to a 100% voting record and a history of sponsoring pro-gun legislation, GRNC-PVF recommends KEVIN CRUTCHFIELD (survey: 85%, voting record: 100%, ****) over Brian Echevarria (survey: 100%, ****)

District 83 (R): GRNC-PVF recommends BRAD JENKINS (GRNC survey: 100%, ****) over Grant Campbell (survey: NR, 0-star).

District 84 (R): Due to a 100% voting record and a history of sponsoring pro-gun legislation, GRNC-PVF recommends JEFF MCNEELY (survey: 93%, voting record: 100%, ****) over Doug Gallina (survey: NR, 0-star).

District 94 (R): GRNC-PVF recommends either BLAIR EDDINS (survey: 96%, ****) or DWIGHT SHOOK (survey: 96%, ****) over Stoney Green (survey: NR, 0-star) and Larry Yoder (survey: NR, 0-star).

District 110 (R): GRNC-PVF recommends KELLY HASTINGS (survey: 100%, voting record: 100%, ****) over Esther Scott (survey: NR, 0-star).

District 111 (R): GRNC-PVF recommends either DAVID ALLEN (survey: 100%, ****) or PAUL BRINTLEY (survey: 100%, ****) over Scott Neisler (survey: NR, 0-star) and Paul Scott (survey: NR, 0-star).

NC LOCAL ELECTIONS

Cabarrus County Board of Commissioners: Although GRNC-PVF does not ordinarily make recommendations in local races, in this case we have a stalwart candidate who until recently served in the NC House. With a long history of pro-gun sponsorship and votes supporting gun right even in opposition to his party leadership, GRNC-PVF strongly recommends LARRY PITTMAN (survey: 100%, votes: 100%),

This message supporting the above-named candidates was authorized and paid for solely by the Grass Roots North Carolina Political Victory Fund. Not authorized by any candidate or candidate committee.

GRNC Releases 2024 Remember In November Ratings

Grass Roots North Carolina, the state’s independent gun rights group, has released their latest version of Remember in November. It is a rating of all candidates for Council of State, US Congress, State House, and State Senate in North Carolina on where they stand on gun rights.

From GRNC on their star ratings:

“Remember in November” candidate evaluations estimate where candidates stand on gun issues by comparing their views with those of a control group of gun owners. As noted below, a “4-STAR” candidate agrees with control group on at least 90% of gun issues, a 3-STAR agrees on least 80%, a 2-STAR on at least 70%, a 1-STAR on at least 60%, and a 0-STAR candidate agrees on less than 60% of gun issues.

Every candidate was sent a survey to their address of record with the NC State Board of Elections. Their responses were compared to a control group of gun owners on issues ranging from concealed handguns to safe storage to the Second Amendment. If a candidate did not return a survey, their response was rated a zero. When it comes to ratings, the voting record, if any, should be considered more important than survey results. In other words, action speak louder than words.

Candidate evaluations sorted by name are here.

Meanwhile, candidate evaluations by office and district sought are here.

If you look at the candidate evaluations, you will note that Republicans who blew off the survey receive the same score as Democrat anti-gun politicians. For example, in the race for Governor of NC, Republican attorney Bill Graham who has blanketed the airwaves with ads blew off the survey and has no voting record received a zero star rating. Likewise, Attorney General Josh Stein (D-NC) blew off the survey but had a negative voting record from his time in the General Assembly received the same zero star rating.

Meanwhile, in my own State Senate district, both the Republican and Democrat blew off the survey which is a shame. I already know that St. Sen. Julie Mayfield (D-Buncombe) is anti-gun but it would be nice to know that Republican Kristie Sluder believes in the Second Amendment. Her Facebook page says she stands with Trump but what does that mean in terms of gun rights?

My State House district is the same with neither the Democrat or Republican responding to the survey. If you are a Republican running in a district with a Democrat incumbent, you just might pick up a few extra votes if you stake out your position as pro-gun rights. The GOP is not called the Stupid Party without reason.

NC Wildlife Regulation Comments Due By January 30th

The public comment period on proposed changes to North Carolina Wildlife Resource Commission regulations are due by 11:59pm on January 30th. The regulations include the 2024-2025 inland fishing, hunting, trapping, and game land regulations and other regulated activities (camping on gamelands, etc.).

They can be submitted online here using the online form or by email. If by email, please include your name, county, and state of residence. The email address is regulations@ncwildlife.org.

I have embedded a PDF of all the proposed regulation changes below.

2024-2025-Annual-Cycle-Rules-Summaries-11-30-23

Be Aware When Renewing Your NC CHP

Grass Roots North Carolina recently sent out an alert on an issue that has come with renewals on North Carolina Concealed Handgun Permits. It seems some mental health organizations are trying to bill the permit holder for the mental health records check. This violates state law.

Here is what GRNC has to say about it:

It has come to our attention that some Mental Health Companies have been billing individuals that are renewing permit a fee for doing a records check.

Don’t fall for it.

Submitting the bill is a violation of NC law.

In the 2015 Legislative Session GRNC was instrumental in changing the NC CHP statute pertaining to the renewal of Conceal Handgun Permits. It reads as follows:

NCGS § 14-415.15 “The sheriff shall make the request for any records concerning the mental health or capacity of the applicant within 10 days of receipt of the items listed in G.S. 14-415.13. No person, company, mental health provider, or governmental entity may charge additional fees to the applicant (emphasis mine) for background checks conducted under this subsection.”

Send the invoice back and tell them to submit it to your sheriff’s office. 

So if you are renewing your permit, be aware and don’t be conned into paying for the records check when state law forbids it.

The Mecklenburg Declaration And Resolves (Reposted)

I originally posted this on July 4th of 2010. I am reposting it as I have every year since 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. Even the state flag used during the Confederacy had those dates on it.

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.

Good News For A Friday Afternoon

I come bearing good news on this Friday afternoon. That is if you hold the North Carolina Concealed Handgun Permit. Both the states of Nevada and Minnesota now allow holders of the NC CHP legally to carry concealed in their states. Of course, if Nevadans and Minnesotans wish to carry in North Carolina, we will recognize that permit as well as the permit of any other state as we offer universal reciprocity.

At one time, Nevada had stopped offering reciprocity to North Carolinians. However, Grass Roots North Carolina worked with state level groups there providing information on the NC CHP and its standards which led to a re-evaluation by that state.

From the GRNC Alert:

We have some good news to announce, in that Minnesota and Nevada added North Carolina permit reciprocity. GRNC worked regularly for a multi-year period with the state gun rights organization in NV to help inform NV’s state attorney’s office on the rigor and standards involved in North Carolina’s permit process.

After thorough analysis, NV finally restored reciprocity for North Carolina’s Concealed Carry Handgun permit.

We can also tell you that we’re still working on Freedom to carry HB 189 and if you haven’t signed the petition please do so.

The relevant information on North Carolina permit reciprocity in these states is available here:

PERMIT TO CARRY RECIPROCITY

Minnesota

Under MN law, the Department of Public Safety (DPS) is required to publish a list of states which have handgun carry permit laws that are not similar to Minnesota’s permit-to-carry law.

Minnesota permit-to-carry law is M.S. 624.714. Subdivision 16 deals with “recognition of permits from other states.

Out of State Permits Valid in Minnesota.

Reciprocity with North Carolina


Nevada gun laws apply to both in-state and out-of-state residents.

You are permitted to “open-carry” firearms, with certain limitations, whether you are an in-state or out-of-state resident.

If you are a non-Nevada resident, you can carry a concealed weapon only if you have a CCW from a reciprocal state.

Currently, Nevada’s reciprocal states for concealed carry of handguns.

Reciprocity with North Carolina


This brings to an exceptional 40 states in which lawful North Carolinians may exercise the fundamental right to carry concealed firearms. For a map of reciprocal states, go to: GRNC Reciprocity Map

Grabbing The Credit

If you read my post from last night, you know that it was not Moms Demand Action, Giffords, Everytown, or North Carolinians Against Gun Violence (sic) who deserves the credit for killing the permitless concealed carry bill, HB 189, in the NC House yesterday. The credit really goes to the people in Fairfax.

Nonetheless, Becky and her minions at NCGV are claiming credit. Below is what they posted to Instagram.

In an email sent out at 1:34pm on May 4th, they said:

HUGE news! We did it: the Permitless Carry bill was WITHDRAWN from the NC House calendar last night! Our volunteers – YOU!! – sent hundreds of emails, phone banked, spread the word on social media, and showed up at the General Assembly to stop HB 189 — all in a few days!

This was not a foregone conclusion: the bill passed two legislative committees in two days, and had been scheduled for a vote last night. It was pulled at the very last minute. So for now, HB 189 is NOT advancing to a full House vote!
👀 We’ll keep watching to make sure this bill does not come back up for a House vote – but today, know that YOU stopped this bill in its tracks!!

Thank you for your support on stopping this dangerous bill – North Carolina is safer today because of you!

Becky Ceartas

Executive Director

North Carolinians Against Gun Violence Action Fund

NRA May Have Killed Permitless Carry In NC

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.

Veto Overriden; Pistol Purchase Permit Repealed! (Updated)

The North Carolina House of Representatives joined the Senate in voting to over-ride Gov. Roy Cooper’s veto of SB 41. The vote was 71 aye, 46 nay, and 3 absent or not voting. The vote transcript has not been published as of this writing. I will update it later today when it is available.

SB 41 now goes into law. One of the everlasting stains of North Carolina’s segregationist, white surpremacist past is now erased. It only took 104 years. The Jim Crow-era pistol purchase permit is now history.

Just as importantly, churches with attached private schools will be able to protect their congregations from those intent on doing evil. On the latter, the carrying of firearms is only allowed with church permission and only at times when students are not present including during extracurricular events.

I will be updating this post throughout the day with reactions.

UPDATE: The breakdown of the vote was finally posted yesterday. All 71 Republicans voted for the override. 46 Democrats voted no and 3 more had excused absences.

As I posted earlier, Carolina Forward wants Dems to eat their own. Interestingly, Rep. Cotham (D-Mecklenburg) says she had previously notified both the Speaker and Minority Leader she would be absent for a hospital procedure. Meanwhile, Rep. Brockman (D-Guilford) was reportedly being seen at an urgent care facility. Rep. Wray was an original sponsor of the repeal and it is thought this was his way of not voting “no”.

Rep. Willingham (D- Bertie, Edgecombe, & Martin) had previously voted for the bill and had said in reference to another bill that even with a veto he stuck by his vote. It is thought that knowing there would be two absences, he could vote no and be let off the hook by the Dems.

Bottom line, Speaker Tim Moore knew one way or another he had the votes going into yesterday morning.