Speaking Of Jim Crow Relics

The weekly compilation from the Brady Campaign had an attack on the filibuster. Quoting former President Obama, it was called a “Jim Crow relic”.

This week, President Obama called for the elimination of the filibuster: an arcane rule in the Senate that requires a supermajority of 60 votes, instead of 51, to pass nearly any bill. Our movement knows all too well the dangers of this rule. It’s what stopped Congress from passing lifesaving gun reform legislation following the Sandy Hook massacre.

They were 54 votes in favor and 46 against — clearly a simple majority! But the 60-vote rule stopped Congress from acting  even after 26 students and educators were shot and killed. 

Enough is enough. Why do we need a 60-vote threshold to pass a bill that will save American lives? Fifty-one is the majority, and 51 is fair.

We’re not asking for a lot. We’re simply calling for a simple majority vote — fair and square — to pass lifesaving, evidence-based policy solutions to end gun violence. There’s no excuse for senseless gun violence, especially when legislative solutions have been sitting before Mitch McConnell and the U.S. Senate for over 500 days!

We need to let every Senator know that #51IsFair and gun violence is a national emergency.

Actually, the filibuster and its use in the US Senate predates both the origin of Jim Crow laws and the Civil War. According to a history of it as published by the Senate, unlimited debate was allowed in both the House and Senate. The growth in the number of representatives saw it discontinued in the House but unlimited debate continued in the Senate. Its use to block bills came to the forefront in the 1840s when unlimited debate was used to block a banking bill. The concept of cloture or the ending of unlimited debate by a vote only came into existence in 1917 at the urging of President Woodrow Wilson.

The history of Jim Crow laws and black codes began in 1865 with the adoption of the 13th Amendment which ended slavery and involuntary servitude in the United States once and for all. The black codes were laws enacted at the state and local level which restricted former slaves as to where, when, and how they could work and also restricted their compensation. It served to put many blacks into indentured servitude.

Jim Crow laws were a follow-on that served to enforce segregation, to ban inter-racial marriage, to keep blacks disenfranchised, and, for the purposes of my discussion here, disarmed.

Historians like Clayton Cramer and legal scholars like Dave Kopel and Robert Cottrol among others have shown how many gun control laws were aimed at keeping blacks unarmed and vulnerable.

Let’s talk about two of those Jim Crow relics that I’ve written about in the past. The first from Florida and the second from my home state of North Carolina.

After armed black men using their Winchester repeating rifles prevented a lynching in Jacksonville, Florida, the Florida legislature enacted a law that required a permit for Floridians to carry a handgun or a “Winchester rifle or other repeating rifle.” It was the first law nationwide that treated repeating rifles differently than any other firearm. It was the antecedent to modern day “assault weapons” (sic) bans in states like California and New York (among others).

One need only look to the official proclamations of the Democratic Party and their standard bearer Joe Biden to see that support for such Jim Crow relics as a ban on repeating rifles lives on. In their ideological blindness, neither the Democrats nor the Brady Campaign suffer any cognitive dissonance in pushing Jim Crow originated gun control while attacking the filibuster as a “Jim Crow relic”.

I have written often on this blog about North Carolina’s pistol purchase permit and its role in perpetuating white supremacy in the early 20th century. It was enacted in 1919 soon after a race riot in Winston-Salem. There was a great fear of black veterans returning from World War One. The co-primary sponsor of the bill was Sen. Earle A. Humphreys (D-Goldsboro). Humphrey just happened to be the brother-in-law of US Sen. Furnifold Simmons who was the architect of the Democrat’s white supremacy campaign. The goal was to make it difficult if not impossible for blacks as well as Populists and union organizers to be armed outside the home.

Every time in the last decade a repeal of the pistol purchase permit system in North Carolina is tried, it ultimately fails. Part of that failure is due to recalcitrant sheriffs who don’t want to give up the power or money and the obsequious nature of Republicans towards law enforcement. The other part is due to the unified nature of Democrats and the gun control lobby in opposition. That includes the Brady Campaign. Current Brady Campaign President Kris Brown characterized the repeal effort as rolling back “our decades of a lifesaving policy requiring a background check and a “permit to purchase” for every handgun sale.”

She was wrong. It was an effort to rid the state of the then-98 years of institutionalized racism in the form of a Jim Crow law to keep blacks unarmed and subservient.

It is the height of hypocrisy on the part of the Brady Campaign to rail against the filibuster as a “Jim Crow relic” because it stood in their way of enacting a gun control law. A law that had its very antecedent in a Jim Crow law meant to make it “safer” for racists to lynch innocent blacks.

To be honest, when have politicians or the gun control industry let a little thing like hypocrisy ever get in the way of their pursuit of power.

The answer is never.

The Mecklenburg Declaration and Resolves (Reposted)

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.

HB652, Second Amendment Protection Act, Passes NC General Assembly

HB 652, the Second Amendment Protection Act, has passed both houses of the North Carolina General Assembly and now goes to the governor for his signature (or veto). The bill was passed with bipartisan support. The vote was 33-14 in the Senate and 77-38 in the House.

The bill would:

  • Allow concealed carry in churches that are also deemed educational property. Person must have NC CHP, it can only be a handgun, it can’t be during school hours, and the church must not be posted against carry. This only applies to private school property.
  • A lapse in a carry permit that is no more than 60 days would not require a person to retake another safety and training class
  • A lapse in a carry permit that is over 60 days and under 180 days would only require a refresher course on carry laws and not a new class
  • Expands the scope of permitted areas of carry in law enforcement facilities for non-sworn officers who have been so designated
  • Allows EMTs to carry concealed if providing tactical medical assistance to law enforcement in emergency situations such as the deployment of a SWAT team. EMTs would be required to have additional training to qualify.

Grass Roots North Carolina is asking that people contact the Governor’s Office and urge Gov. Cooper (D-NC) to sign the bill. The bill did pass with veto proof majorities providing all the Democrats who voted aye maintain their votes.

They ask you to send the following to the Governor’s Email Contact.

Dear Governor Cooper,

I’m writing to urge you to sign the 2nd Amendment Protection Act.  This will expand the ability for ordinary citizens to carry firearms for self-protection in churches which are co-located with educational facilities, provided the property is not controlled by a board of education.

Recent tragedies have shown that a good guy or gal with a gun can be critical in saving lives.   This is true common-sense safety legislation that will protect the public.

Mere signs or rules never deter those of evil intent and mass murder.  These only serve to stop innocent people from ensuring everyone else’s safety.

I expect you to stand up for everyone’s common sense human rights and support this important step in safety. I will continue to monitor your actions on this important issue through alerts from Grass Roots North Carolina.

Respectfully,

It took me 30 seconds or less to do the above. Most of the time was spent filling out my name and contact info.

As you might expect, North Carolinians Against Gun Violence (sic) opposed the bill and wants people to be like sheep led to slaughter. They are asserting it will put school children at risk never minding the actual language of the bill.

Durham Capitulated…But Quietly

Last week I wrote that the City of Durham had received a demand from Grass Roots North Carolina and GOA to designate gun stores as essential or face legal action. Greensboro also got one of these letters and folded it quickly.

They did fold but did it very quietly. What the City of Durham did was release an amendment to their original order saying they were merely going to adopt the amended Stay at Home order issued by the county. This new City of Durham order didn’t go into details as to what was or wasn’t an essential business. Mayor Stephen Schewel signed the order on the afternoon of Friday, April 3rd and it went into effect at 5pm on Saturday, April 4th.

Durham County’s order didn’t mention gun dealers or ranges as essential businesses. They just said that any business that was on the Department of Homeland Security’s CISA list was essential. That list did include firearms related businesses. Perhaps it is ironic that the title of the county order was “Second Amendment to the Declaration of a State of Emergency in Durham County, NC to Coordinate Protective Actions to Prevent the Spread of COVID-19.”

As I understand it, GRNC contacted Durham County and convinced them to them to comply. Somehow officials in Durham County convinced Mayor Schewel to comply but noted he refused to make any public statement about it.

IndyWeek is a free newspaper serving the Triangle. In NC-speak, the Triangle are the cities of Chapel Hill, Durham, Raleigh, and the smaller surrounding communities. IndyWeek is virulently anti-gun.

They have their panties in a wad that Durham folded to those “gun nuts” and their demands after Mayor Schewel said he wasn’t backing down. The article notes the original April 2nd deadline and the fact that GRNC and GOA didn’t sue.

In this case, April 2 came and went, and Schewel made no such statement, but the gun groups didn’t sue. So what happened? 

Very quietly, the city rolled over. 

IndyWeek then goes into the details of the Durham County and City of Durham orders which I posted above.

As to why Durham capitulated, IndyWeek has this response from Mayor Schewel.

“Our lawyers said we couldn’t win,” Schewel told the INDY on Tuesday. “And not only that they were gonna win, but that we were gonna have to pay their legal fees. And so that’s why we made the decision—which is, you know, awful. Gun stores are not essential. In fact, they are damaging. It’s terrible to be forced into this position.”

It is good to see the Constitution and some good legal advice trumped the anti-gun feelings of the good mayor. It should be no surprise that Schewel is a member of Mayor Bloomberg’s Illegal Mayors.

Greensboro Backs Down But Will Durham

Grass Roots North Carolina and Gunowners of America sent a demand letter to the cities of Greensboro and Durham on Tuesday. It demanded they rescind or change the determination the firearms-related businesses were not essential. They had until noon today to make the change or they would face court action.

Yesterday, Mayor Nancy Vaughan of Greensboro informed GRNC and GOA that she wrongly determined gun stores and ranges as “non-essential”. Now it remains to be seen if Mayor Steve Schewel of Durham will do likewise.

Picture courtesy of Carolina Peacemaker

On a related note, I got a response from Buncombe County yesterday for why they didn’t include gun stores and ranges in their list of essential businesses. Buncombe County felt that since state statute preempted them from closing them during periods of emergency that it would have been superfluous to have listed them as essential.

The release from GRNC on Vaughan’s retreat is below:

The mayor of Greensboro, North Carolina, has reversed herself and now agrees that gun stores within city limits can remain open, after being contacted by Grass Roots North Carolina (GRNC) and Gun Owners of America (GOA) and The Mayor had told the media that gun stores were not “essential” businesses, despite the fact that the city’s “stay-at-home” order stated otherwise.

This reversal comes after a Cease and Desist letter from GOA and GRNC urging Mayor Nancy Vaughan to correct her interpretation, or face legal action. Mayor Vaughan informed GOA and GRNC via email that she was incorrect in her interpretation.

While GOA and GRNC are thankful for the clarification, both organizations still look forward to seeing a public announcement by Mayor Vaughan to let the citizens of the Gate City know they can lawfully visit and purchase firearms and ammunition from gun stores during the “stay-at-home” order.

Likewise, Wake County, North Carolina has also reopened its gun stores after a similar letter sent by GRNC and GOA,  which also sent letters Guildford County and the city of Durham urging the localities to ensure gun stores remain open or face legal action.  

Elsewhere, when contacted by legal counsel for GRNC and GOA, the attorney for Orange County disavowed any statements previously made, saying its language would protect firearms businesses, and Buncombe County advises that although they did not specifically list firearm businesses as “essential,” the county will follow state guidelines which protect firearm businesses provided they follow social distancing requirements.

Three Of My Favorite Groups Unite To Take On Wake Sheriff

Wake County (NC) Sheriff Gerald Baker should be feeling a bit uneasy right about now. That’s because three of my favorite groups – Grass Roots North Carolina, the Second Amendment Foundation, and the Firearms Policy Coalition – have come together to file suit against Baker’s refusal to even take applications for the Jim Crow-era pistol purchase permit.

For those that don’t know, in North Carolina, you need a pistol purchase permit to purchase a handgun regardless of whether it is from a dealer or a private individual unless you possess a NC Concealed Handgun Permit. As I’ve written about it many a time, the law was passed in 1919 in an unspoken but well understood effort to keep African-Americans, Populists, and union backers disarmed.

The suit has been filed in US District Court for the Eastern District of North Carolina. The individual plaintiff is Kerry Stafford who decided a handgun was the proper firearm with which to defend herself and her family. After calling the Wake County sheriff’s department for an PPP application, she was refused.

The complaint alleges that Sheriff Baker has exceeded his discretion and has violated the Second and Fourteenth Amendments depriving Ms. Stafford and others of their constitutional rights under color of law. It asks that either an injunction be issued or that the requirement for a pistol purchase permit be waived until April 30th.

It is great to see these groups working together. For GRNC and SAF, it is a reprise of the joint efforts that led to the win in Bateman v. Perdue.

They issued a joint release which I have copied below:

GRNC, SAF, FPC File Federal Lawsuit Against Wake County, NC Sheriff Over Constitutional Violations

RALEIGH, NC (March 27, 2020) ­— Today, attorneys for an individual Wake County, North Carolina resident, Grass Roots North Carolina, Second Amendment Foundation (SAF), and Firearms Policy Coalition filed a federal lawsuit challenging Wake County Sheriff Gerald M. Baker’s recent actions infringing on Second and Fourteenth Amendment rights he announced as a response to the COVID-19 coronavirus pandemic. A copy of the lawsuit can be found at:

https://www.grnc.org/documents/Complaint-Wake-County-Filed.pdf

This latest case tracks a 2011 federal court victory in Bateman v. Perdue, also led by plaintiffs Second Amendment Foundation and Grass Roots North Carolina, which successfully challenged North Carolina statutes restricting firearms during states of emergency.

“Although Sheriff Gerald Baker claims his refusal to accept applications for pistol purchase permits and concealed handgun permits doesn’t infringe on individual rights, nothing could be further from the truth,” said GRNC president Paul Valone. “During this emergency, as always, GRNC intends to ensure that lawful North Carolinians have the means to protect themselves and their families.”

“Sheriff Baker is implementing by fiat what the Supreme Court struck down in Heller – a ban on a citizen’s right to purchase a handgun for the defense of hearth and home. This action cannot be allowed to stand,” said GRNC Director of Legal Affairs Ed Green.

“Times of emergency is when you need the ability to obtain the means of self-defense the most. Suspending that right is not acceptable. That is why this lawsuit is so important,” commented SAF founder and Executive Vice President, Alan Gottlieb.

“Sheriff Baker’s unconstitutional actions have and will deprive law-abiding, peaceable individuals the opportunity to obtain handguns, the ‘quintessential self-defense weapon’ according to the U.S. Supreme Court, in a time where the arms are most needed,” explained attorney and FPC Director of Legal Strategy, Adam Kraut. “Sheriff Baker’s actions to stop processing and issuing required  Pistol Purchase Permits violate fundamental human rights. We are proud to join GRNC and SAF in this fight to defend the rights of North Carolinians.”

Individual arms applicants/purchasers and retailers affected by ‘stay-home’ or shutdown orders can report potential civil rights violations to FPC’s COVID-19 Issue Hotline at www.FPChotline.org

Plaintiffs are represented by attorneys Ed Green, Raymond M. DiGuiseppe, and Adam Kraut.

Grass Roots North Carolina (www.grnc.org) is North Carolina’s most effective gun rights organization. GRNC was founded in 1994 as an independent, all-volunteer 501(c)(4) not-for-profit organization dedicated to preserving constitutional freedoms. The organization’s projects are primarily devoted to defending the individual right to keep and bear arms.

Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing, and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

Firearms Policy Coalition (www.firearmspolicy.org) is a 501(c)4 grassroots nonprofit organization. FPC’s mission is to protect and defend the Constitution of the United States, especially the fundamental, individual Second Amendment right to keep and bear arms, advance individual liberty, and restore freedom.

Doing Bars And Bartenders Right In Texas

When the governor of North Carolina ordered the closing of all restaurants and bars to in-service patrons on St. Patrick’s Day, my thoughts went to the servers and the bartenders. This is not because I’m a regular patron. Rather it is because the Complementary Spouse’s first cousin just started a new job as a bartender.

Toby is very good at what he does and is very service oriented. As a result, he makes good tips whether as a server or a bartender. Immediately becoming eligible for unemployment will only replace a fraction of his income.

The NC Executive Order only tells the Alcoholic Beverage Commission to study the situation and get back to the governor in writing on regulations that they might be able to waive or show some flexibility.

Gov. Greg Abbott (R-TX) goes further than Gov. Roy Cooper (D-NC) and actually orders some things that will help bars and bartenders.

From Gov. Abbott’s press release:

Governor Greg Abbott today issued a waiver that will allow restaurants to deliver alcoholic beverages with food purchases to patrons, including beer, wine, and mixed drinks. The Governor also directed the Texas Alcoholic Beverage Commission (TABC) to waive certain provisions to allow manufacturers, wholesalers, and retailers of alcoholic beverages to repurchase or sell back unopened product. 

These waivers are in response to the financial hardship caused by COVID-19 that has disproportionately affected the hospitality industry. 

“The State of Texas is committed to supporting retailers, restaurants, and their employees,” said Governor Abbott. “These waivers will allow restaurants to provide enhanced delivery options to consumers during this temporary period of social distancing.”

Under this waiver, effective immediately, restaurants with a mixed beverage permit may sell beer, wine, or mixed drinks for delivery as long as they are accompanied by food purchased from the restaurant. 

The buy-back waiver allows alcohol distributors and manufacturers to repurchase excess inventory from restaurants, bars, and clubs affected by event cancellations due to COVID-19.

So bartenders can still make drinks for delivery and establishments can sell back their excess inventory. This keeps more people employed and allows the reallocation of inventory. I like it.

North Carolina should follow the example of Texas. However, given my home state’s antediluvian approach to anything dealing with alcoholic beverages, I’m not holding my breath.

Imagine If SAF And GRNC Hadn’t Won Bateman

Gov. Roy Cooper (D-NC) today declared a state of emergency that covers all of North Carolina. It was declared in response to the spread of COVID-19 or the coronavirus. As of Monday, there have been seven confirmed cases of it with six of those in Wake County and the seventh in Chatham County. For non-North Carolinians, that is Raleigh and the Pittsboro/Siler City areas.

From NC Office of Emergency Management

Excerpts from Gov. Cooper’s press release:

Governor Roy Cooper took the next step in the state’s coronavirus COVID-19 preparedness plan today and issued an executive order declaring a state of emergency. The declaration activates the Emergency Operations Center to help agencies coordinate from one location and makes it easier to purchase needed medical supplies, protect consumers from price gouging, and increase county health departments’ access to state funds…

Key provisions in the order are similar to those enacted in a natural disaster. The order will help with the cost burdens and supplies that may be difficult for providers and public health to access due to increased demand. It also increases the state public health department’s role in supporting local health departments, which have been tasked with monitoring quarantines, tracing exposure and administering testing.

Executive Order No. 116 in its entirety is found here.

Let’s take a trip down memory lane back to January 2010 when there was a heavy snow storm in the Piedmont of North Carolina. The City of King and Stokes County were particularly hard hit. In response, Gov. Beverly Perdue and both locales declared states of emergency. This automatically triggered then NC General Statute § 14-288.7(a) which provided, in part,:

“it is unlawful for any person to transport or possess off his own premises any dangerous weapon or substance in any area: (1) In which a declared state of emergency exists; or (2) Within the immediate vicinity of which a riot is occurring.”

The City of King went further and invoked their powers under NC General Statute § 14-288.12(b). This “forbade the sale or purchase of firearms and ammunition, as well as the possession of firearms and ammunition off an individual’s premises.” It also banned the sale of alcoholic beverages.

Thus, any time a state of emergency covering all of North Carolina or any time a city or county declared a state of emergency, § 14-288.7(a) kicked in and you could not carry a firearm outside your own home. There were no exceptions made for those of us who hold a Concealed Handgun Permit.

Fast forward a few months to June and the US Supreme Court handled down a monumental Second Amendment ruling. That was, of course, McDonald v. Chicago which applied the Second Amendment as an individual right to the states under the 14th Amendment. That was on the morning of June 28, 2010.

By the close of business on June 28th, the Second Amendment Foundation and Grass Roots North Carolina with attorney Alan Gura had filed suit against the State of North Carolina, the City of King, and Stokes County for violating the Second and 14th Amendments. The case, Bateman v. Perdue, using the newly won application of the Second Amendment to the states in McDonald, directly challenged NC’s emergency powers gun bans.

To make a long story short, US District Court Judge Malcom J. Howard, using strict scrutiny found that the emergency powers gun ban did violate the Second Amendment in March 2012.

The problem here is that the emergency declaration statutes, are not narrowly tailored to serve the government’s interest in public safety. They do not target dangerous individuals or dangerous conduct. Nor do they seek to impose reasonable time, place and manner restrictions by, for example, imposing a curfew to allow the exercise of Second Amendment rights during circumscribed times. Rather, the statutes here excessively intrude upon plaintiffs’ Second Amendment rights by effectively banning them (and the public at large) from engaging in conduct that is at the very core of the Second Amendment at a time when the need for self-defense may be at its very greatest. See Heller, 128 S. Ct. at 2799 (” [A] mericans understood the ‘right of self-preservation’ as permitting a citizen to ‘repe[l] force by force’ when ‘the intervention of society in his behalf, may be too late to prevent an injury. ‘ ” (quoting 1 Blackstone’s Commentaries 145-146, n.42 (1803) ) (second alteration in original)) . Consequently, the emergency declaration laws are invalid as applied to plaintiffs.

Session Law 2012-12 was signed by Gov. Beverly Perdue (D-NC) on June 11, 2012 and became effective on October 1, 2012. This codified the ruling by Judge Howard and repealed NC General Statutes § 14-288.7 and § 14-288.12 through § 14-288.17.

Thanks to Alan Gura, the Second Amendment Foundation, and Grass Roots North Carolina just because seven people have COVID-19 and the governor has declared a state of emergency you can no longer be disarmed. We owe them and the individual plaintiffs a debt of gratitude.

60+ North Carolina Counties Have Adopted 2A Sanctuary Resolutions

I have dropped the ball on reporting about the number of North Carolina counties that have adopted Second Amendment Sanctuary resolutions.

Mea culpa, mea culpa, mea maxima culpa!

When I was getting ready to head to the SHOT Show in January, the number had risen to 10. Now a month later, there are more than 60 counties that have adopted such a resolution.

Map from North State Journal

From A. P. Dillon at North State Journal:

RALEIGH — As of the end of the first week of February, 60 of North Carolina’s 100 counties have passed some form of Second Amendment resolution affirming the right of citizens to bear arms. That number is over four times the total from the end of January when only 12 counties had passed such a measure.

Brunswick, Carteret, Lee and Lenoir are the most recent to join the movement.

The Franklin County Commission passed their resolution on Feb. 3, stating the county will protect the rights of its citizens to keep and bear arms and oppose any unconstitutional means to restrict such rights.

Onslow County commissioners met on Feb. 10 and unanimously adopted a Second Amendment resolution. By the recommendation from the county’s attorney, the Onslow resolution does not declare the county specifically to be a “sanctuary.”

Onslow Chairman Jack Bright said that they passed this resolution to let legislators know how their citizens felt after watching the introduction of laws restricting gun rights in Virginia.

The number as of yesterday is now 63. Moore, Person, and Halifax counties have adopted Second Amendment Sanctuary resolutions.

You are really starting to see the rural-urban divide when you examine this map. The largest counties such as Guilford, Mecklenburg, Wake, and my own Buncombe have not adopted Second Amendment Sanctuary resolutions. Lest you say it is Democrat versus Republicans on the issue, Guilford County has a 5-4 Republican majority.

More on this from A. P. Dillon:

Dara Demi, communications director for Wake County government, told NSJ, “The Wake County Board of Commissioners has not discussed this issue to date during its formal meetings, and it is not currently on the agenda for any future meetings.”

According to General Assembly Senate Republicans, in North Carolina counties adopting Second Amendment resolutions, 76% of Democrats on county boards voted to support sanctuary policy.

“You won’t find a clearer example of the internal fractures facing the Democratic Party. Even elected officials are bucking the extreme urban-focused agenda the Democratic Party elites are pushing,” Senators Tom McInnis (R-Richmond) and Brent Jackson (R-Sampson) said in a press release.

I would expect to see western North Carolina counties like Swain, Macon, Transylvania, Polk, and even Jackson to adopt such resolutions in the coming weeks. Likewise, I would expect to see more eastern NC counties doing the same. With both Cherokee and Dare counties having adopted them, North Carolina is now covered from Manteo to Murphy with some obvious exceptions.

Let’s Give Him A Warm North Carolina Welcome (Updated)

Guess who is coming to town on Thursday?

If you said anyone other than Mike Bloomberg you would be wrong.

Bloomberg is planning campaign stops in Winston-Salem, Greensboro, and Raleigh in conjunction with the start of early voting in the North Carolina primary.

In Winston-Salem, he will be at Campus Gas, 1231 Polo Rd from 7:00am–8:30am. He continues on to his campaign HQ at 300 S. Elm Street in Greensboro and will be there at 9:30am. Doors open to the public at 9am. Finally, he will be in Raleigh at Union Station ( 510 W Martin St) from 11:45am until 1:15pm.

Volunteers from Grass Roots North Carolina plan to give him a warm North Carolina welcome when he arrives at his Greensboro downtown HQ. This is the main event! Try to be there by 9am.

A good turn out will get good press coverage. Please be there around 9am. Our friends in Virginia welcomed his bus in Arlington and greatly outnumbered Bloomberg’s supporters. It sure would be nice to see that happen here in the Tar Heel State.

If you can’t be in Greensboro or you need to get to work earlier, a few people plan to welcome his arrival in Winston-Salem at 7am. I’d suggest being there around 6:30am at Campus Gas.

Bloomberg’s money has bought him a lot of things. It bought him many houses, a well-armed security team, and most recently a compliant legislature in Virginia. It has also bought him silence when it comes to comments he made in a 2015 appearance at the Aspen Institute. He requested video not be made available and the Aspen Institute complied.

However, things have a way of leaking out.

“Ninety-five percent of your murders, murderers and murder victims, fit one M.O. You can just take the description, Xerox it, and pass it out to all the cops,” Bloomberg said. “They are male, minorities, 16 to 25. That’s true in New York, that’s true in virtually every city. And that’s where the real crime is. You’ve got to get the guns out of the hands of people that are getting killed.”

“So one of the unintended consequences is people say, ‘Oh my God, you are arresting kids for marijuana that are all minorities.’ Yes, that’s true. Why? Because we put all the cops in minority neighborhoods. Yes, that’s true. Why do we do it? Because that’s where all the crime is,” he continued.

https://www.washingtonexaminer.com/news/throw-them-up-against-the-wall-leaked-recording-of-bloomberg-defending-stop-and-frisk-resurfaces

This was a continuation of comments he made in defense of “stop and frisk” back in 2013. You can hear part of his comments to WOR-NY below where he says too many whites are being stopped and not enough minorities.

I am reading an excellent book right now on the rise of white supremacy in North Carolina in the post-Civil War days. The book, Wilmington’s Lie: The Murderous Coup of 1898 and the Rise of White Supremacy, details how disarmament of blacks was one goal of the white supremacists. It started with the Black Codes, began again after Reconstruction ended, and continued on into the 20th Century. Armed freedmen and black Union veterans stood up to the Klan which allowed blacks to vote up through the end of the century. It made Wilmington a successful mixed-race community with many black office holders up until the coup of 1898.

Bloomberg’s comments would have found hearty agreement from former Confederate Colonel Roger Moore who headed the KKK in Wilmington and later from the Democrat architect of white supremacy Sen. Furnifold Simmons. The state’s pistol purchase permit is a remnant of laws put in place by the white supremacists. That we still have it is due in part to ad campaigns funded by Bloomberg and his Everytown organization against discarding the system.

So when Mike comes to town, let’s give him the warm North Carolina welcome he so richly deserves.