HB 937 Comes Up For A Vote In The NC Senate Today

HB 937 with the Senate Judiciary I Committee substitute language comes up for its Second Reading vote in the North Carolina Senate today. The Senate goes into session today at 3pm so the vote should happen sometime this evening. I just sent my State Senator a note encouraging him to vote for it which I anticipate that he will.

This bill does many things as the alert from Grass Roots North Carolina outlines below (see also Sean’s detailed analysis of the bill). Despite what the gun prohibitionists and some in the media might want you to believe this bill does not allow you to carry concealed on educational property and it doesn’t allow you to carry concealed while drinking alcohol in a bar or restaurant. What it does do is allow you to store your firearm in a locked vehicle while on educational property and it allows you to enjoy a nice meal in a restaurant that serves alcohol while carrying concealed.

From GRNC:

Senate improves on HB 937

House Bill 937 passed the NC Senate Judiciary I Committee today and will head for the Senate floor as early as tomorrow. Please see below for immediate actions required.

Due to the efforts of Senator Buck Newton (R- , GRNC ****), Senate President Pro Tem Phil Berger (R-Guilford, Rockingham, ****) and Senate Rules Chair Tom Apodaca (R, Henderson, ****), the version passed by the committee was far stronger than what left the House.

Although debate was limited, when asked for public comment, the chief of security for the University of North Carolina, along with security heads from all 17 campuses stood, in uniform, to express “concerns” about the bill’s campus provisions. Afterward, GRNC president Paul Valone addressed the committee by noting that UNC objections to campus carry on the premise that it would harm their ability to “protect” students rang false in light of the fact that violent crime on campuses across the state, plus attempts by two schools to suppress reports of violent crime, reveal that UNC is doing a poor job of “protecting” anyone.

GRNC wishes to thank Senate leadership for working with our organization to strengthen laws, better enabling lawful North Carolinians to protect themselves and their families.

Improvements to HB 937

In addition to restaurant carry, guns in locked vehicles in state-owned parking lots and a limited provision for guns in locked vehicles on state college campuses, all of which were in the House version of the bill, the Proposed Committee Substitute passed by the Senate:

  • Expands the guns-in-locked-vehicles provision for concealed handgun permit-holders (CHP-holders) to include all campuses rather than simply institutions of higher learning. As before, employees of the institution living in detached dwellings could still transfer firearms to and from their homes, but also added is a limited measure for employees who do not have CHPs.


  • Enables CHP-holders to carry at assemblies of people for which admission is charged and any establishment serving alcohol unless the person in control of the premises posts against firearms. As before, permit-holders would be prohibited from imbibing alcohol.

  • Narrows and clarifies the definition of “recreational facilities” within parks where municipalities may still ban concealed carry in parks, specifically prohibiting bans when organized athletic events are not taking place, and prohibiting bans in greenways, biking and walking paths and other open areas.

  • Removes handgun permits from public record, rendering them unavailable to the media.

  • Repeals the current prohibition on firearms for CHP-holders at funerals and parades.

  • Repeals NC’s Jim Crow-era handgun purchase permit system in its entirety.

  • Requires sheriffs to revoke CHPs from permit-holders convicted of disqualifying crimes.

  • Expands hunting to include use of sound suppressors.

IMMEDIATE ACTION REQUIRED!

  • CALL & EMAIL YOUR STATE SENATOR: Tell them to not only support HB 937, but to oppose all weakening amendments, particularly “poison pill” amendments to restaurant carry and any amendment which would weaken campus carry.


  • SEND AN EMAIL TO ALL MEMBERS OF THE SENATE using the copy and paste list below.

  • EMAIL THE UNC BOARD OF GOVERNORS: Even if you have already contacted them, email them again to ask whether 17 UNC security heads, in uniform, were lobbying against HB 937 at taxpayer expense.

CONTACT INFO

NC SENATE:

Austin.Allran@ncleg.net, Tom.Apodaca@ncleg.net, Chad.Barefoot@ncleg.net, Tamara.Barringer@ncleg.net, Phil.Berger@ncleg.net, Stan.Bingham@ncleg.net, Dan.Blue@ncleg.net, Andrew.Brock@ncleg.net, Harry.Brown@ncleg.net, Peter.Brunstetter@ncleg.net, Angela.Bryant@ncleg.net, Ben.Clark@ncleg.net, Daniel.Clodfelter@ncleg.net, Bill.Cook@ncleg.net, David.Curtis@ncleg.net, Warren.Daniel@ncleg.net, Don.Davis@ncleg.net, Jim.Davis@ncleg.net, Joel.Ford@ncleg.net, Thom.Goolsby@ncleg.net, Malcolm.Graham@ncleg.net, Rick.Gunn@ncleg.net, Kathy.Harrington@ncleg.net, Fletcher.Hartsell@ncleg.net, Ralph.Hise@ncleg.net, Neal.Hunt@ncleg.net, Brent.Jackson@ncleg.net, Clark.Jenkins@ncleg.net, Ellie.Kinnaird@ncleg.net, Floyd.McKissick@ncleg.net, Gene.McLaurin@ncleg.net, Wesley.Meredith@ncleg.net, Martin.Nesbitt@ncleg.net, Buck.Newton@ncleg.net, Earline.Parmon@ncleg.net, Louis.Pate@ncleg.net, Ron.Rabin@ncleg.net, Bill.Rabon@ncleg.net, Shirley.Randleman@ncleg.net, Gladys.Robinson@ncleg.net, Bob.Rucho@ncleg.net, Norman.Sanderson@ncleg.net, Dan.Soucek@ncleg.net, Josh.Stein@ncleg.net, Jeff.Tarte@ncleg.net, Jerry.Tillman@ncleg.net, Tommy.Tucker@ncleg.net, Trudy.Wade@ncleg.net, Michael.Walters@ncleg.net, Mike.Woodard@ncleg.net

UNC BOARD OF GOVERNORS:

peter.hans@nelsonmullins.com, renee@fairproductsinc.com, ann.goodnight@sas.com, lbissette@mwbavl.com, maedog@bellsouth.net, pgb0902@aol.com, lbuff@embarqmail.com, president@uncasg.org, wcdavenport@nc.rr.com, jdeal@dealmoseley.com, phildixon@daglawyers.com, jfennebresque@mcguirewoods.com, flood_dudley@bellsouth.net, paulfulton@triad.rr.com, hgage@ec.rr.com, thomasharrelson@aol.com, lawyers@pinehurst.net, leroylail@hickoryfurniture.com, amax2@suddenlink.net, emcmahan@littleonline.com, charles.mercer@nelsonmullins.com, fgm@millsconstructionco.com, bmitchell@wcsr.com, hnath45@yahoo.com, powersd@rjrt.com, tarheel111@att.net, raiford@trasklandco.com, pdwalk@charter.net, brad.wilson@bcbsnc.com, david@youngandassociates.com

DELIVER THIS MESSAGE

TO THE NC SENATE:
(Suggested subject: “Please pass HB 937 as is”)

Dear Senator,

I wanted to take a moment to thank you for your efforts in moving HB 937 through the Judiciary Committee today, clearing the way for a full vote on the Senate floor soon. Your commitment to the safety of all North Carolinians is to be commended. Each one of you, especially Senate President Pro Tem Phil Berger, Senate Rules Chairman Tom Apodaca and Senator Buck Newton has worked closely with Grass Roots North Carolina to insure that my safety should not be compromised due to pressure from several anti-gun organizations as well as their unfounded fears.

The North Carolina Sheriffs’ Association opposes repeal of the archaic, redundant and arbitrary handgun purchase permit system which is, in fact, a leftover Jim Crow law. The facts are, however, that: (1) Background checks for handgun purchases will continue to be done, as they are in other states, via the National Instant Background Check System (NICS); and (2) Sheriffs currently impose a broad array of obstructions, including notarized character affidavits (3 in Orange County), limiting permits issued to as few as five per year, and extra checks (and fees) from local clerks of court. Worse, because there is no way of tracking permits once issued, people convicted of crimes after receiving a permit can use them to bypass NICS. This system is dangerous and needs to be repealed.

UNC President Tom Ross would have us believe that his safety record is sufficient to belay the fears of his staff and students, but when we take a closer look at his actual record, we find it severely lacking. Not only is he currently being investigated for covering up the actual number of attacks across many campuses across the state, he also sent 17 of his campus police units, in uniform at tax payer expense, to the NC General Assembly to oppose HB 937.

Despite the coordinated pressure against HB 937, you stood strong and carried out the heroic passage of true “common sense” legislation. I now look forward to HB 937 going to a full vote on the Senate floor soon, and having it passed as is without weakening it through amendments or procedure. I will continue to monitor this legislation via alerts from Grass Roots North Carolina.

Respectfully,

TO UNC BOARD OF GOVERNORS:
(Suggested subject: “Don’t use my money to lobby against my rights”)

Members of the University of North Carolina Board of Governors:

Today, the North Carolina Senate Judiciary Committee approved HB 937 and it will soon be taken to the Senate floor for a full vote. I would like to ask each of you if UNC security chiefs were testifying, in uniform, while on the payroll, and therefore at taxpayer expense, while expressing their “concerns” about HB 937 to the Senate Judiciary I Committee. Is this the case?

I support higher education, but I cannot support a university system which fails to protect students from violent predators, actively hides the fact, and then opposes legislation which might deter such predation.

Accordingly, I will not contribute money to any UNC or supporting institution — and will advise alumni and others to do the same — until UNC withdraws its opposition to HB 937. Please advise me of your position on this issue.

Respectfully,

We in North Carolina are very fortunate to see our gun rights expanding at a time when they are contracting like it is in places like California, Connecticut, New Jersey, Colorado, and New York. Bills like this and support for them don’t happen overnight. Just like the Castle Doctrine, much of what is in this bill has taken years of patient effort by gun rights groups like GRNC to make it a reality. Since ammo is hard to find anyway, why not take the cost of a box of ammo and send them a donation. You may also want to send the NRA-ILA a little bit as well for their efforts at the Federal level.

UPDATE: According to the bill’s record on the NC General Assembly website, three amendments were considered, two passed, and the amended bill passed its Second Reading. No roll call vote is recorded so it may be that they are late reporting it or that it passed on a voice vote.  The amendments that passed came from the pro-gun side.

Time For Pressure On Republicans In The NC Senate To Pass HB937

Grass Roots North Carolina says now is the time to pass HB937 – the omnibus gun rights bills that includes restaurant carry – through the North Carolina Senate. The bill could go from the Senate Judiciary I Committee as early as this week. GRNC is warning about efforts to strip out the provision that would allow concealed carry holders to store their firearms in lock vehicles while on university and community college campuses. This provision is getting a lot of push-back from UNC System President Tom Ross.

From GRNC:


Continue The Fight To Pass HB 937

Push now for HB 937 Senate hearing!

Your continued vigilance helped carry HB 937 through the NC House last month despite coordinated efforts to kill the bill before it could pass to the NC Senate, where it may soon receive a committee hearing. We must insure that the Judiciary Committee members know that you are expecting to pass as is, without key provisions such as Campus Carry being removed!

The Senate Judiciary I Committee now has a chance to send HB 937 to the Senate Floor for a full vote as early as this week. Despite efforts to derail the bill through coordinated attacks from UNC President Tom Ross and others, HB 937 is now closer than ever to bringing several real changes designed to enhance the safety of all of North Carolina’s residents.

UNC President Tom Ross continues attacks on HB 937

University of North Carolina president Tom Ross continues to fight campus carry provisions of House Bill 937. As you recall, the bill, which passed the NC House and now resides in the Senate, contains restaurant carry, a limited measure for guns in locked vehicles on state university campuses, and other pro-gun initiatives.

When HB 937 received its hearing in a House Judiciary Committee meeting, representatives for NC State testified that it would hinder campus security’s efforts to “protect” students, echoing opposition previously expressed to the media by Ross. Just hours after their testimony, however, a student was raped outside the NCSU Free Expression Tunnel and, two days later, another was robbed at knife point near Reynolds Coliseum, demonstrating clearly that UNC can’t “protect” students, who must therefore be allowed to protect themselves.

Given his inability to protect even his own students on college campuses across the state, North Carolinians cannot sit back and do nothing while Tom Ross and others try to stop the passage of this bill. We must act now!

New GRNC radio spots promote HB 937

GRNC has launched a new round of radio spots in Raleigh, Greensboro and Charlotte targeting NC House Speaker Thom Tillis (R-Mecklenburg, GRNC ****) and NC Senate leader Phil Berger (R-Guilford, Randolph, ****), both of whom are potential challengers for US Senator Kay Hagan (*), challenging them to show support for gun rights by passing HB 937 THIS YEAR and WITHOUT WEAKENING AMENDMENTS. To hear the spots, CLICK HERE or go to: http://grnc.org/home/grnc-in-the-media/485-hb-937-radio-spot

IMMEDIATE ACTION REQUIRED!

  • CONTACT REPUBLICAN MEMBERS OF THE SENATE JUDICIARY I COMMITTEE using the copy-and-paste list below and ask them to pass HB 937 to the Senate floor without removing key provisions such as Campus Carry.


  • CONTACT UNC’s BOARD OF GOVERNORS using the copy-and-paste list below and let them know you don’t appreciate Ross using his left-wing politics to oppose legislation which stands to reduce the significant problem of violent crime on UNC campuses.

  • CONTACT YOUR NC STATE SENATOR: Let them know you want campus carry kept in HB 937. To find your state senator, CLICK HERE or go to: http://www.ncleg.net/representation/WhoRepresentsMe.aspx where you may scroll to the NC Senate section, enter your address and then click on the district number which comes up.

  • HELP FUND HB 937 RADIO SPOTS: Please consider making an additional contribution to fund the radio campaign by CLICKING HERE or going to: http://www.grnc.org/join-grnc/contribute

CONTACT INFO

North Carolina Senate Judiciary Committee Republicans:

Thom.Goolsby@ncleg.net, Buck.Newton@ncleg.net, Peter.Brunstetter@ncleg.net, Tom.Apodaca@ncleg.net, Tamara.Barringer@ncleg.net, Harry.Brown@ncleg.net, Kathy.Harrington@ncleg.net, Bob.Rucho@ncleg.net, Norman.Sanderson@ncleg.net, Dan.Soucek@ncleg.net, Jerry.Tillman@ncleg.net, Trudy.Wade@ncleg.net

UNC Board of Governors:

peter.hans@nelsonmullins.com, renee@fairproductsinc.com, ann.goodnight@sas.com, lbissette@mwbavl.com, maedog@bellsouth.net, pgb0902@aol.com, lbuff@embarqmail.com, president@uncasg.org, wcdavenport@nc.rr.com, jdeal@dealmoseley.com, phildixon@daglawyers.com, jfennebresque@mcguirewoods.com, flood_dudley@bellsouth.net, paulfulton@triad.rr.com, hgage@ec.rr.com, thomasharrelson@aol.com, lawyers@pinehurst.net, leroylail@hickoryfurniture.com, amax2@suddenlink.net, emcmahan@littleonline.com, charles.mercer@nelsonmullins.com, fgm@millsconstructionco.com, bmitchell@wcsr.com, hnath45@yahoo.com, powersd@rjrt.com, tarheel111@att.net, raiford@trasklandco.com, pdwalk@charter.net, brad.wilson@bcbsnc.com, david@youngandassociates.com

DELIVER THIS MESSAGE

TO THE SENATE JUDICIARY I COMMITTEE:
(Suggested subject line: “Please do not weaken HB 937”)

Dear Senator,

As a legal, gun-owning resident of North Carolina, I am deeply concerned that anti-gun groups will attempt to coordinate their message and convince some members of the Judiciary Committee to remove key provisions of HB 937, or weaken them through various amendments and procedural diversions. It is imperative that HB 937 pass as is.

We must be able to protect ourselves while we are in public, to include concealed handgun permit-holders who are students attending class on college campuses across the state. Each week seemingly brings us another reminder of how vulnerable we are as we read about yet more attacks at the hands of criminals. Our students even within our own state’s educational system are being attacked in record numbers, and yet the response from campus officials remains indifferent, at best.

I urge you to pass HB 937 without delay, and without removing key provisions within the bill such as Campus Carry. I will be monitoring this issue via Grass Roots North Carolina alerts.

Respectfully,

TO THE UNC BOARD OF GOVERNORS:
(Suggested subject line: “No money for UNC”)

Members of the University of North Carolina Board of Governors:

University of North Carolina president Tom Ross continues to marshal opposition to House Bill 937 (“Amend Various Firearms Laws”) over its limited provision to allow concealed handgun permit-holders, who have undergone training and background checks, proving themselves sane, sober and law-abiding, to keep firearms in locked vehicles on college campuses.

Ironically, only hours after North Carolina State University officials testified to the North Carolina House that the bill would hinder their ability to “protect” students, yet another student was raped, this time outside the Free Expression Tunnel. Two days later, a student was robbed at knife point near Reynolds Coliseum.

Sadly, these are not isolated cases: Both UNC Chapel Hill and Elizabeth City State University are under investigation for deliberately reporting violent crime, including sexual assault. Indeed, even by these under-reported measures, one source cites thirty-five sexual assaults at UNC Chapel Hill over just three years, placing the university 50.1% above the national average for such institutions.

Is this the sort of “protection” Mr. Ross envisions? Is it what you envision?

Controlled, multi-variate research indicates that concealed handgun laws deter murder, rape and aggravated assault. Indeed, research by John R. Lott and William Landes indicate that such laws are the only effective measure in deterring multiple victim public homicide such as occurred at Virginia Tech.

Ross appears to be allowing his political ideology to interfere with rational public policy: His position as former director of the Z. Smith Reynolds Foundation enabled him to promote various hard-left causes, including funding the state’s primary gun control group, North Carolinians Against Gun Violence.

Moreover, I am shocked that a rape victim at UNC Chapel Hill is being threatened with expulsion for even naming her rapist. Is it the intent of UNC to stifle its failure to protect its students at all costs?

I support higher education, but I cannot support a university system which fails to protect students from violent predators, actively hides the fact, and then opposes legislation which might deter such predation.

Accordingly, I will not contribute money to any UNC or supporting institution — and will advise alumni and others to do the same — until UNC withdraws its opposition to HB 937. Please advise me of your position on this issue.

Respectfully,

Rights Watch Files Park Carry Suit Against Winston-Salem

Rights Watch International, the non-profit arm of Grass Roots North Carolina, has filed suit in Forsyth County Superior Court against the City of Winston-Salem. The case, Childs et al v. City of Winston-Salem et al, is seeking a declaratory judgment and a permanent injunction against Winston-Salem over the city’s park carry ordinance on the grounds that it exceeded its authority, is unconstitutionally vague, and violates both the North Carolina and US Constitution.

The plaintiffs in the case are Rights Watch International and four individuals – David Childs, David Phillips, Shannon West, and Christopher Hjelm – who are claiming injury from the Winston-Salem park carry ordinance. The defendants in the case are the City of Winston-Salem, its Department of Recreation and Parks, Mayor Allen Joines, and Recreation and Parks Director Timothy Grant. The two individuals are being sued in their official capacities.

North Carolina, like most states, has a pre-emption statute that retains regulation of firearms as a state prerogative and limits what counties and municipalities may do. HB 650 which was passed in the last session of the North Carolina General Assembly said concealed carry in state, county, and municipal parks was legal. The only limitations that counties and cities may impose are prohibitions against carry in “recreational facilities” which were defined to be only “a playground, an athletic field, a swimming pool, and an athletic facility.”

The problem is that the city decided to play fast and loose with how they defined recreational areas and athletic facilities. From the adopted Ordinance No. 4735 which amended Section 38-10 of the Code of Ordinances:

(1) Recreational facilities include only the following: a playground, an athletic field, a swimming pool, and an athletic facility owned or operated by the city.
(2) Athletic field means a piece of land traditionally used for organized athletic or sporting event(s), including the adjoining spectator area.
(3) Athletic facility means a building, structure or place including a walking trail, greenway and body of water such as a lake for engaging in sporting events, recreational activities, fitness or physical training.
(4) Playground means a piece of land used for and usually equipped with facilities for recreation especially by children including the adjoining area and shelter used by children for respite, eating and playing sedentary games
.

Not only has the city stretched the definition of athletic facility and recreational facility, they have failed to fulfill their responsibilities by consistently posting the recreational facilities in which concealed carry is prohibited. Since it is a class 3 misdemeanor which carries a fine of up to $500 to carry in prohibited locations, this is problematic for the plaintiffs and their desire to both obey the ordinance and to provide for their own self-protection.

All Plaintiffs have sought to determine where the ordinance does not allow concealed carry in the parks which they use, but have been unable to obtain a listing of the designated areas from the Defendants nor have they been able to identify the prohibited areas from posting in the parks due to the vagueness of the definitions in the Ordinance and the inconsistency or failure of Defendants to post restricted areas.

The lawsuit alleges that Winston-Salem, by their defining recreational facilities so expansively, has engaged in an “action in excess of statutory authority”. The suit further alleges that the city ordinances are “unconstitutionally vague in that they do not provide adequate notice to Plaintiffs as to what conduct is and is not legal and do not offer sufficient notice to prevent discriminatory and arbitrary enforcement..” Finally, the suit alleges that Winston-Salem’s ordinances violate the plaintiffs’ right to keep and bear arms because they operate in such a way as to be a total ban on the right to keep and bear arms.

The suit asks for a declaratory judgment saying the ordinances in question are null and void due to the above allegations. It further asks for attorneys’ fees and a permanent injunction prohibiting Winston-Salem from enforcing the ordinances.

Winston-Salem was chosen for this suit because their ordinance was the most egregious of all North Carolina municipalities which chose to post athletic and recreational facilities. They knowingly pushed the envelope and now they find themselves in court as well they should.

Winston-Salem (NC) Wants To Ditch The Park Carry Law

The City of Winston-Salem has been one of the most vocal and consistent opponents of HB 650 which forced North Carolina municipalities to allow concealed carry in city and county parks. Now, according to this alert from Grass Roots North Carolina, they are seeking to have the law repealed in the wake of the tragedy in Newtown, Connecticut.

Demands Repeal of HB 650 Expanded Carry in Parks…

Insensitively exploiting the recent evil mass-homicide within a “Gun-Free” Connecticut school, the Winston-Salem City Council announced a list of requested legislation they want to see from this year’s NC General Assembly. Among these demands is repeal of last year’s expanded park carry that was passed as HB 650.

Incredibly, the Council responds to murder in a “Gun-Free Zone” by demanding expansion of their dangerous reach within North Carolina municipalities.

Winston-Salem Mayor Allen Joines was quoted as saying park carry is “a mixed bag, and it’s confusing. The legislature pre-empted local governments’ authority to control local parks. I think they should leave that up to us.” Compliance with this law is as easy as permitting law-abiding citizens to carry everywhere. Left up to the Mayor, we would be unable to defend our families in parks. This type of endangerment can no longer be tolerated.

Council Member Derwin Montgomery claims, “local governments have a right to regulate the time and place (arms are carried)”. So according to the Councilman, a right that “shall not be infringed” upon can be “regulated”?

Perhaps Winston-Salem’s efforts are more-related to an attempt to avoid responsibility for violating the provisions of HB 650 and the resulting lawsuit pursued GRNC’s partner, Rights Watch International?

Either way, Winston-Salem has earned a reminder from North Carolina gun owners that we will not permit expansion of dangerous“Gun-Free Zones” in our state, and have no patience for municipalities that violate state law by infringing upon gun rights.

IMMEDIATE ACTION REQUIRED

CONTACT THE WINSTON-SALEM CITY COUNCIL and let them know that you don’t appreciate their clear violations of state law and attempt to expand dangerous “Gun-Free Zones” of defenselessness within NC municipalities

CONTACT INFO

danbesse@danbesse.org; vivianb@cityofws.org; denisea@cityofws.org; robertc@cityofws.org; derwinm@cityofws.org; mollyl@cityofws.org; wandam@cityofws.org; jamestjr@cityofws.org; allenj@cityofws.org

DELIVER THIS MESSAGE

Suggested Subject: Don’t make parks “Gun-Free” murder zones.

Winston-Salem leadership :

I am disappointed that you have decided to violate state law and continue to violate the rights of law-abiding North Carolina gun owners to defend themselves and their families in your parks. I am also disappointed that you are demanding that HB 650, last year’s expanded park carry bill, be rescinded. This important law decreases the area in which citizens are disarmed in our state. As we have seen with the increase in mass-homicides within “Gun-Free Zones”, places where citizens are prevented from being able to effectively defend themselves and their families are the most dangerous places in our society.

I urge you to stop your promotion of “Gun-Free Zones” in parks, and to embrace the common-sense expansion of freedom created by HB 650.

Sincerely,