One Down; One To Go On Veto Override

Gov. Roy Cooper (D-NC) vetoed SB 41 on Friday. SB 41 would have repealed the pistol purchase permit, allowed churches with schools to protect themselves, and provided for a statewide gun safe storage initiative.

Today, the North Carolina Senate voted to override the veto by a vote of 30 aye, 19 nay, 1 excused. Every Republican state senator was present and voted for the override.

It now goes to the NC House of Representatives where an override vote appears to be on the agenda. The fact that is on the agenda would indicate that at least one Democrat has committed to vote for the override. With the current rules of House, the Speaker can call for a vote at any time without any notification or putting it on the agenda.

You may want to call the three Democrats or email them thanking them for their vote for SB 41 and ask them to stick with their vote. GRNC has more info here.

Roy Cooper Issues Expected Veto Of Pistol Purchase Permit Repeal

Gov. Roy Cooper (D-NC) is nothing if not consistent in his opposition to removing impediments to gun rights. He issued his veto today of SB 41 which would have repealed the Jim Crow-era pistol purchase permit that his own party instituted in 1919. The General Assembly in 1919 had no African-American members and was under the control of Democrats who had regained control in 1900 on a platform of white supremacy. Even today, research shows that African-Americans are denied permits at a much higher rate than whites.

The veto also puts congregations of churches that have attached private schools as risk.

Cooper’s veto message stated, in part:

“Eliminating strong background checks will allow more domestic abusers and other dangerous people to own handguns and reduces law enforcement’s ability to stop them from committing violent crimes. Second Amendment supporting, responsible gun owners know this will put families and communities at risk.”

SB 41 eliminates the current requirement that people have a valid permit from their local sheriff’s office before purchasing or acquiring a handgun. Under SB 41, sheriffs will lose the authority to issue or deny these permits based on criminal background checks and determining the safety and character of applicants.

The legislation removes sheriffs’ authority to refuse a permit based on signs of mental illness, domestic abuse incidents that might not be captured in a national database, or other indicators that a person could be a danger to themselves or others.

The bill also allows guns on some school properties, increasing the chances that children can find or access firearms at a time where gun offenses and suicides among North Carolina children is increasing.

Not stated in the veto message was the fact that the North Carolina Sheriffs Association did not object to passage of the repeal. Moreover, it is disingenuous to assume that a sheriff in a county as large as Wake, Mecklenburg, or Guilford – all of which have populations greater than half a million – knows everyone in his or her county that is mentally ill or doesn’t possess “good moral character.” Furthermore, the veto message ignores the restrictions in the bill that only allows possession of firearms on church property when students are not present. As such, it puts congregations with attached private schools at risk as they cannot protect themselves with volunteer church security teams.

Paul Valone, president of Grass Roots North Carolina, was quick to respond.

“As we predicted, anti-freedom Governor Roy Cooper wasted no time attacking the rights of gun owners. Worse, he attacked the ability of church-goers to protect themselves from attacks on religious institutions that are becoming all too common.

“It will be with great pleasure that GRNC will work to over-ride his veto of SB 41. Given that the bill passed by veto-proof supermajorities in both chambers of the legislature, we have every confidence that we will deliver defeat to his doorstep.”

Unlike in past sessions of the General Assembly, an override of this veto stands a better than even chance of passage. The Republicans hold a veto-proof majority in the Senate and only need one Democrat to stick with their original vote or to be absent for it to pass in the House. The rules adopted in the House now allow Speaker Tim Moore to call for an override vote without notice which is an advantage here.

If you are a North Carolinian, I would urge you to contact your representative or senator and demand they override the veto. Do this even if you live in a district like I do where your state senator is a Constitutionally-ignorant, gun control advocate.

Another Perspective On The H652 Over-Ride Failure

I have known Dean Weingarten for a number of years now. He is one of the good guys and he does good work. However, sometimes an outsider’s perspective is very different from that of someone closer to the action. Such is the case with the failure to over-ride Gov. Roy Cooper’s veto of H652 – Second Amendment Protection Act.

In an Ammoland.com article entitled, “Rogue Republicans and Democrats Join Forces to uphold NC Governor Veto of Gun Reform”, Dean asserts that nine Democrats and five Republicans “changed their vote”.

Yes and no.

You had six members of the House who had excused absences on July 8th – one Democrat and five Republicans. Their absences lowered the threshold for a veto over-ride from 72 to 69. It should be remembered that the North Carolina General Assembly is a part-time job for which members are paid less than $15,000 annually plus per diem. There are going to be conflicts especially when the General Assembly is being called back and again as the session drags on much longer than normal thanks to gubernatorial vetoes and court actions involving redistricting.

On the day that the bill originally passed, June 25th, all six of these House members were present. Rep. Kelly Alexander (D-Mecklenburg) voted Nay that day. Republicans Ted Davis (New Hanover), Jeff Elmore (Avery & Wilkes), Donny Lambeth (Forsyth), David Rogers (Burke & Rutherford), and Larry Yarborough (Granville & Person) all voted Aye.

Conversely, on June 25th, Democrats Cecil Brockman (Guilford), Carla Cunningham (Mecklenburg), Susan Fisher (Buncombe), Verla Insko (Orange), and Evelyn Terry (Forsyth) were given execused absences. There were no Republicans absent that day.

H652 passed on June 25th with a total of 77 votes – 65 Republicans and 12 Democrats. It was only a veto-proof majority if, and only if, enough Democrats stuck with their original vote to provide the margin. The Republicans lost their super-majority in both houses of the General Assembly in the 2018 election. They must have Democrats cross over to over-ride any veto. That is the bottom line.

Dean noted that nine Democrats changed their votes. This is in error.

You have the five that were originally absent now voting Nay. you have the excused absence of Rep. Kelly Alexander (D-Mecklenburg) who had voted Nay, and you have six – not four- who originally voted in favor of the bill now voting to sustain the governor’s veto. I did a long post on those six. Dean missed that Rep. Brian Turner (D-Buncombe) and Rep. Marvin Lucas (D-Cumberland) switched their original Aye votes to Nay.

Dean mentions a vote that was 67-47. That vote was merely to call the bill to be voted on in the House. That vote only needed a majority to pass and not the super-majority required for a veto over-ride.

I think it is an error to call the Republicans who had an excused absence “rogue”. Gov. Roy Cooper has issued more vetoes than all the other governors combined since that power was granted to them. In this current session, Cooper has issued 25 vetoes. None, I repeat none, have been overturned. The only thing that would have changed if all of those five had been there is that the number of Democrats voting Aye would have been zero. Some of these Republicans are outstanding on gun rights, a couple just so-so, and all are better than their Democrat opponents in November when it comes to gun rights.

Dean is absolutely correct on two things.

Governors frequently offer rewards and twist arms to have legislators change their vote in veto override attempts.

In these votes, the progressive media favors those in favor of infringing on Second Amendment rights, which gives cover for those who change their votes.

H652 Veto Over-Ride Fails In NC

The over-ride of anti-gun Gov. Roy Cooper’s (D-NC) veto of H652 – Second Amendment Protection Act failed in the House today. Here are the six Democrats who thought allegiance to the governor and Democrat Party was more important than protecting godly people.

In the original passage of the bill on June 25th, these Democrats voted in favor of passage and gave the bill an ostensible veto-proof majority.

Ayes (Democrat)Beasley; Brewer; Farmer-Butterfield; Floyd; Graham; John; Lucas; Pierce; Queen; Russell; B. Turner; Wray

Fast forward to this afternoon, July 8th, and these are the only Democrats who voted in favor of the veto over-ride.

Ayes (Democrat)Brewer; Floyd; Graham; Queen; Russell; Wray

Where there were 12, there are only six. The over-ride failed by a vote of 66-48. It needed 69 votes to pass and over-ride Gov. Cooper’s veto. It has been suggested that the only reason those six even bothered to vote in the affirmative is that they faced tougher re-elections.

Here are the six along with churches in their district that are co-located with schools. Because the state considers this “educational property”, they remain unprotected from the evil and deranged. I won’t name the churches or schools or locations but rest assured that they are within the counties these six represent.

Rep. Chaz Beasley (D-Mecklenburg) represents the 92nd NC House District. It is located in the southern part of Mecklenburg County and abuts the South Carolina border. Rep. Beasley is an attorney and is in his second term.

Rep. Chaz Beasley (D)

Here is a church in his district that he just put at risk because he rather obey the governor and party than to allow people going to church be protected.

Rep. Jean Farmer-Butterfield (D-Wilson) is in her 9th term representing the 24th NC House District. She lists her occupation as Consultant, Health and Human Services Professional. More importantly, her husband is US Representative G. K. Butterfield (D-NC-1).

Rep. Jean Farmer-Butterfield (D)

This church and school are located in her district in Wilson County. However, it is not the church she and her husband attend. Then it might have a bit different.

Rep. Joe John (D-Wake) is in his 2nd term of office. He represents the 40th NC House District which is in NW Wake County. Prior to his election to the NC House, he served for many years as a judge on the NC Court of Appeals along with earlier service as a Superior Court judge and an Assistant District Attorney. Sadly, way back in the day, I actually worked the polls for him during one of his judicial elections.

Rep. Joe John (D)

This large church and school are located in Wake County within Rep. John’s district. I guess when you have worked so long in a space where you are always protected by armed guards that you fail to realize that others are not so lucky.

Rep. Marvin Lucas (D-Cumberland) is in his 10th term representing the 42nd NC House District. It adjoins Fort Bragg and includes communities like Spring Lake and the western part of Fayetteville. Lucas is a retired school principal.

Rep. Marvin Lucas (D)

This church and school are located in Cumberland County. It is just one of many that have put at risk by Rep. Lucas’ vote.

Rep. Garland Pierce (D – Hoke & Scotland) is in his 8th term representing the 48th NC House District. Pierce is the House Minority Whip. He is, interestingly enough, a Baptist minister. One would think he, of all people, might realize that churches are at risk.

Rep. Garland Pierce (D)

This church and school are in Rep. Pierce’s district. Obviously, it isn’t Bright Hopewell Baptist Church or he’d be more concerned.

Now we conclude with Rep. Brian Turner (D-Buncombe) who just happens to be my representative. Turner is in his 3rd term representing the 116th NC House District which consists of the southern and western parts of Buncombe County. Turner lists his current job as commercial real estate agent. Prior to that, he was the Executive VP and COO in his family’s military parachute business as well as serving a stint as the Assistant Vice-Chancellor for Corporate and Foundation Relations at UNC-Asheville.

I have had conversations with Turner in the past where he assures me he is pro-gun and has a carry permit. That said, he also believes in universal background checks and voted against doing away with the Jim Crow-era (and racist) pistol purchase permits.

Rep. Brian Turner (D)

Here are a couple of churches that are co-located with schools that his vote has put at risk. The small one is within a mile of my house.

And another larger church with a school here in Buncombe County.

There are many more churches that are now at risk throughout the state of North Carolina thanks to these six and the rest of their Democrat colleagues who voted to uphold the veto. The NC Department of Public Instruction publishes a list of every non-public school in the state by county. That list runs 81 pages. I would say that a majority of these schools are religious and many have attached churches.

Every Democrat – and it was all Democrats – who voted to uphold this veto should be ashamed of him or herself. The bill was explicit that firearms were not allowed on the church-school property during regular and extracurricular school hours. At a time when churches have increasingly become targets for the evil and deranged, they need to be able to protect their congregants and this bill would have allowed them to take that responsibility if they wished.

If I were the pastor of one of the churches impacted by this veto, I’d gather up my congregation and have a prayer vigil in the front of every one of these 48 Democrat state representatives’ homes. I would do it weekly and I would get the media involved. They need to understand that shame is a very powerful weapon.

H652 Over-Ride Vote Wednesday

The vote to over-ride Gov. Roy Cooper’s (D-NC) veto of H652 – Second Amendment Protection Act is scheduled for Wednesday, July 8th.

The bill passed both houses of the North Carolina General Assembly with bi-partisan veto-proof majorities. That is, if the Democrats who voted for the H652 don’t cave to pressure from Gov. Cooper and his anti-gun allies such as the Bloomberg-funded North Carolinians Against Gun Violence (sic).

Looking over the list of Democrats who voted for the bill, you find a majority of them, whether African-American or white, represent areas that are mostly rural. Those areas have many small churches and they invariably have smaller police or sheriff’s departments. I think they realized that this bill contained nothing to endanger students and teachers but rather would help churches protect their congregations from the deranged.

Grass Roots North Carolina has issued an alert asking that these swing voters be contacted. I have added it below:

CONTACT SWING VOTERS NOW, CHURCH CARRY VETO OVERRIDE VOTE IS ON WEDNESDAY
Cooper has never met a gun that he wouldn’t ban. In vetoing a bill that would protect churches from violent sociopaths, as has so far occurred at least three times in other states, Cooper has yet again demonstrated that he is not fit to hold the office of governor.
 
Both the Senate and the House passed the Second Amendment Protection Act
with a veto-proof majority, but Governor Cooper vetoed it anyway.  In his explanation, he stated “This bill allows guns on school property which threatens the safety of students and teachers. Therefore, I veto the bill.”
 
The Governor’s argument makes little sense.  Remember, this bill would allow concealed handgun permit-holders to carry firearms for self-protection in religious institutions which are co-located with educational facilities, provided that: (1) No curricular or extracurricular educational activities are taking place (meaning that no students or teachers are present); and (2) The person in control of the property has not posted a “no guns allowed” sign.
 
We thank the 33 Senators and 77 Representatives who voted “yes” on this bill the first time around, and now we ask these same Senators and Representatives to HOLD STRONG and reiterate their votes during the veto override vote scheduled for Wednesday, July 8.
 
How can you help?  By calling and emailing your Senator and Representative and reminding them that this bill was a good idea the first time they voted for it, and it is still a good idea and you expect them to support it again! 
 
Although no law prohibits concealed carry in religious institutions, those which operate a school are considered to be “educational property,” even when no school is currently operated. As such, concealed firearms are currently prohibited.
 
Recent years have seen no fewer than three cases in which armed parishioners were able to stop murderous rampages by violent sociopaths: 
Colorado Springs, Colorado (12/9/07): Armed church volunteer security member Jeanne Assam shot and wounded rampage killer John Murray, who then committed suicide.
Sutherland Springs, TX: (11/5/17): Armed citizen Stephen Willeford used an AR-15 to exchange fire with murderer Devin Patrick Kelly, wounding him and stopping the rampage.
White Settlement, TX (12/29/19): At the West Freeway Church of Christ, volunteer church security member Jack Wilson stopped rampage killer Keith Thomas Kinnunen seconds after the killing started with a single shot to the head.
The 2nd Amendment Protection Act would: Specifically tailor existing law to allow all churches and places of religious worship to provide for the safety of their congregants.

Protect their congregants by adding a section into existing gun laws that says if a person is legally permitted to carry a concealed handgun, that person can carry a handgun on the property of a church or other place of religious worship provided: (1) No curricular or extracurricular educational activities are taking place; and (2) The person in control of the property has not posted a “no guns allowed” sign.
  Allow all places of religious worship, whether or not they run a school, to offer the same level of protection to congregants.
  Sheriffs will have to issue CHP renewals without retraining if applied for within 60 days of expiration

A refresher course will be available for those who renew 180 days out

EMS personnel, after training, will be allowed to carry

Additional “special” law enforcement employed personnel will be allowed to carry This is not a new concept. Not only has it been offered in previous sessions of the General Assembly, it mirrors what has been in effect for most churches in the state since concealed carry was passed in 1995.  The 2nd Amendment Protection Act will close the loophole that treats some worshippers differently than others and ensure that all can worship safely and freely.
IMMEDIATE ACTION REQUIRED!
Those of us who live in the real world know that mass murderers bent on evil won’t be stopped by silly rules or signs.
This is why you must urge your Senator and Representative to continue to support this life saving legislation.  EMAIL THE SWING VOTERS: Tell them that we need them to reiterate their support for this important piece of legislation for the Safety and security of all North Carolinians.
 
The shootings at New Life Church, First Baptist Church, and West Freeway Church of Christ prove that only a good guy or gal with a gun can stop those bent on pure evil.  Liberty free [gun free] zones only disarm the innocent when seconds count and law enforcement is minutes away.
CONTACT YOUR STATE HOUSE AND SENATE REPRESENTATIVES: Urge them to reiterate their support for this important piece of legislation that will ensure our safety.
PHONE MESSAGE:

My name is ______ and I’m calling to urge you to reaffirm your support for the 2nd Amendment Protection Act, expanding our common sense human right of self-defense in places of worship co-located with educational facilities.  The recent past has shown that mere signs or rules will not stop evil men bent on mass murder.
Armed citizens are the only way to ensure our safety in these situations.  I expect you to live up to your principles and I urge you to support this critical piece of legislation. CONTACT INFO   Swing Voters:
  Chaz.Beasley@ncleg.net; Scott.Brewer@ncleg.net; Jean.Farmer-Butterfield@ncleg.net; Elmer.Floyd@ncleg.net; Charles.Graham@ncleg.net; Joe.John@ncleg.net; Marvin.Lucas@ncleg.net; Garland.Pierce@ncleg.net; Joe.Queen@ncleg.net; Ray.Russell@ncleg.net; Brian.Turner@ncleg.net; Michael.Wray@ncleg.net; Jay.Chaudhuri@ncleg.net; Don.Davis@ncleg.net; Kirk.deViere@ncleg.net; Harper.Peterson@ncleg.net; EricaD.Smith@ncleg.net  

Phone Your Rep:
  Phone your own Representative: CLICK HERE and use your address to find your representative and his/her contact information. Click on the ‘NC House’ radio button. PLEASE CONTRIBUTE TO GRNC: Help us fight gun control while we promote Second Amendment principles. Please CLICK HERE to contribute. Bear in mind that GRNC is an all-volunteer organization, so you can be sure your donations are put to the best possible use. Any amount helps, and any amount is appreciated.  
DELIVER THIS MESSAGE

Suggested Subject:  Support the 2nd Amendment Protection Act   Dear Senator/Representative,   I’m writing to urge you to reaffirm your support for the 2nd Amendment Protection Act.  This will expand the ability for ordinary citizens to carry firearms for self-protection in places of worship which are co-located with educational facilities.
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 once again. I will continue to monitor your actions on this important issue through alerts from Grass Roots North Carolina.    Respectfully,  

Cooper Vetoes H652 – Second Amendment Protection Act

In what should not be a surprise, anti-gun Gov. Roy Cooper (D-NC) vetoed H652 – Second Amendment Protection Act.

In his veto message he said:

Governor Cooper shared the following statement on HB 652:

“This bill allows guns on school property, which threatens the safety of students and teachers.”

This is utter bullshit.

Section 1 (a) of the bill explicitly states that guns may not be present during school hours.

The handgun is only possessed and carried on educational property outside of the nonpublic school’s operating hours. A nonpublic school’s operating hours are any time when curricular or extracurricular activities are taking place on the premises and any time when the premises are being used for school-sponsored activities.

Moreover, it only applies to non-public schools which also are used for church services. These are typically small Christian schools co-located with a church. During the week the Sunday School rooms are used for the school and on Sunday for church services.

An earlier post detailed the other parts of the bill which included reasonable accommodations for renewing your NC Concealed Handgun Permit and to protect EMTs who are backing up police tactical teams.

The bill passed both the House and Senate with bipartisan support. Indeed, if the Democrats who supported the bill initially don’t get cold feet, the veto can be overriden.

If your representative or senator voted for it, then I would be calling them now and asking them to support an override.

The house roll call is here and the senate roll call can be found here. Remember every one of them is up for re-election.

Constitutional Carry Passes Vote In NC House But…..

House Bill 746, the Omnibus Gun Bill which contains a provision for permitless concealed carry, passed its first two votes on the floor of the North Carolina House yesterday. The bill will have its third and final vote on Thursday. It passed on a vote of 65 yea, 54 nay, and 1 not voting. All weakening amendments were either defeated or tabled.

This should be a moment of joy and celebration for gun rights supporters in North Carolina and the nation. It should be except it isn’t. The bill if it passes the North Carolina State Senate will almost certainly be vetoed by Gov. Roy Cooper (D-NC). For the bill to have been veto-proof it required 72 yea votes. In other words, the bill needed either a few Democrat supporters which was unlikely or fewer Republican defections.

Now the question that remains is whether those eight Republicans are anti-rights, have been bought off by Michael Bloomberg and his hired guns, or both. It is too soon to see if campaign contributions will be made by Bloomberg to any of these eight. Nonetheless, it appears that Bloomberg’s hiring of lobbyist Chris McClure was a smart tactical move given McClure’s Republican connections. As for their stand on gun rights, most of them were considered wobbly given their ratings by GRNC with only two having 3 stars or better ratings.

So the question remains as to whether any of the “Elite Eight” or “Elitest Eight” (as they are called by Grass Roots North Carolina) will change their vote Thursday.

In the meantime, here are the eight Republicans that voted against constitutional carry and against their own party’s platform. Links to their legislative webpage are in the captions below each picture.

Rep. Ted Davis (R-New Hanover)
Rep. John Faircloth (R-Guilford))
Rep. John Fraley (R-Iredell)
Rep. D. Craig Horn (R-Union)
Rep. Frank Iler (R-Brunswick)
Rep. Chuck McGrady (R-Henderson)
Rep. Samuel Watford (R-Davidson)
Rep. Linda Hunt Williams (R-Wake)

You can read GRNC’s alert on the defection of these eight Republicans here. It contains a pre-written email to send to them.

If these eight had voted against funding abortions or against free lunches for school kids you know the Democrats would be sending their minions to demonstrate in front of their homes and offices. The news media would run the story as the lead item on the local broadcast. I rarely see gun rights supporters adopting their Alinskyite tactics. The only exception I can think of is the demonstrations by activists from the New Jersey Second Amendment Society (NJ2AS) outside the home of Senate President Steve Sweeney after the death of Carol Bowne who was murdered while waiting for a carry permit. I can’t say whether or not these type of demonstrations would be effective in North Carolina but they certainly would get the media’s attention.

UPDATE: A reader who is active in North Carolina gun rights politics sent me this by email and he is 100% correct.

With respect to your article, I would add only that what matters is not how the eight voted today, but rather how they would vote on an override. Many who oppose the bill will vote for an override out of loyalty to their party.

HB 746 passed its Third Reading yesterday on a vote of 64-51. Rep. Craig Horn and Rep. Sam Watford who are mentioned above did not vote as they had excused absences. Speaker Tim Moore (R-Cleveland) did vote and he voted for passage.

The Omnibus Gun Bill has been ordered engrossed and will now be sent to the North Carolina State Senate for their consideration.

Earl Ray Says No To Constitutional Carry In The Mountaineer State

West Virginia Gov. Earl Ray Tomblin (D-WV) vetoed SB 347 this morning it was in the interest of public safety. SB 347 which passed both houses of the West Virginia legislature by overwhelming majorities. The bill would have made the state the fifth to adopt constitutional carry. While open carry is legal without a permit, concealed carry permits require mandated training and cost $105.

From Tomblin’s press release:

“Throughout my career, I have strongly supported the Second Amendment, as demonstrated by my repeated endorsements and high grades from the National Rifle Association. However, I must also be responsive to the apprehension of law enforcement officers from across the state, who have concerns about the bill as it relates to the safety of their fellow officers. It also would eliminate the required gun safety training courses for those applying for a concealed carry permit. In light of these concerns and in the interest of public safety for all West Virginians, I have vetoed Senate Bill 347.”

Another politician who had received high grades from the NRA at one time, Sen. Joe Manchin (D-WV), was already under fire for his opposition to SB 347 in which he said West Virginians believed in “gunsense”. That is one of the code words popular with Shannon Watts and the Everytown Moms for Illegal Mayors. The Firearms Policy Coalition said that Manchin who claims to be a Life member of the NRA needs to be booted from the organization. As Sebastian noted today, he’s not sure West Virginians much care for Manchin and we’ll find out for sure in 2018.

The West Virginia Citizen’s Defense League hasn’t not commented publicly on the veto yet and are still considering their options. However, their Facebook page has a very active comment thread on it. It appears that a veto override will require a special session of the legislature.

Legislators on both sides of the aisle are indicating that they will vote in favor of the bill when it comes up again.

Del. Rupie Phillips (D-Logan, 24) supported the legislation in the House of Delegates and promised to do so again.

“We spent a lot of time on this issue and I hate that we’re going to have to spend time again on it at the beginning of next year’s session,” Phillips said.

Meanwhile, Del. Mike Folk (R-Berkeley, 63) has said the bill will come up again in the next session. He also dismissed the supposed concern that it would put law enforcement at risk.

He dismissed claims that it would have put law enforcement officers at risk. “They assume (already) that every person is armed, so the safety issue is not a good argument,” Folk said.

He is promising to bring the proposal up again during next year’s Regular Legislative Session.

“We’ll do it again next year and we’ll make sure we do it early enough that he can veto it next year and the same thing that happened with the pain capable bill will happen with this bill,” Folk said, referencing this year’s legislative override of Gov. Tomblin’s veto of the bill that would have banned abortions in West Virginia after 20 weeks.

Given the overwhelming majorities in favor of the bill, 71-29 in the House and 30-4 in the Senate, I think it is a safe bet that when it comes up again, it will pass.

Background Check Veto Upheld In Maine

The Maine State Legislature passed a universal background checks bill on June 19th in what was considered a surprise vote. The bill had been defeated twice before in the State Senate.

In a surprise vote Wednesday, the Maine Senate passed a bill that creates civil penalties for those who sell guns in private sales to people who are prohibited from having them.

The legislation imposes a civil fine of $500 if a gun seller does not perform a background check and the buyer is later discovered to be a prohibited person.

The bill, LD 1240, was first watered down by the Senate, but on Tuesday, the House of Representatives sent the original measure back to the Senate. The Senate approved the bill on a 18-17 vote, with two rural Democrats joining Republicans in the minority on the measure.

Fortunately for Maine gun owners, Gov. Paul LePage (R-ME) was true to his word and vetoed the bill. He said the bill only impacted honest gun owners and for that reason he vetoed the bill.

Yesterday, the Maine State House voted to uphold the governor’s veto in a 77-71 vote. The gun prohibitionists in the State House are now threatening to go to a referendum to pass the measure and cite the misleading poll number from an anti-gun push poll.

The background-check bill, L.D. 1240, sponsored by Rep. Mark Dion, D-Portland, would have created a civil violation for selling a gun to a person prohibited from owning a gun, such as a convicted felon.


It originally was a sweeping bill that would have mandated background checks before all gun purchases. His bill passed narrowly in the Legislature earlier this month, and the House upheld the veto in a 77-71 vote on Wednesday.


In his veto message, LePage said the bill was focused “on those who would choose to obey the law, and for that reason I believe it misses the target.”


“This is an issue that may need to go straight to our citizens,” Dion said in a statement after the vote. “The governor described my bill as ‘well-meaning,’ but public policy requires more than intentions, it requires action.”


Dion was referring to a potential referendum on the matter: J. Thomas Franklin, president of Maine Citizens Against Handgun Violence, a pro-gun control group, said last week that it is considering bringing a citizens’ initiative to ask Maine voters to decide on mandatory background checks in 2014.

Searching the Maine register of lobbyists, I cannot find any that represent Mayor Bloomberg’s Illegal Mayors nor any that represent other gun prohibitionist group. I am going to assume that Bloomberg didn’t employ his full court press like he did in Colorado and Nevada.

Still that a state like Maine with a long tradition of protecting gun rights would have even considered such a bill – much less passed one – is disappointing. Maine, like the rest of northern New England, is changing and, in my opinion, not for the better.

Obama Urged By Advisors To Veto Appropriations Bill

The Executive Office of the President released a statement yesterday regarding the House passage of the FY2013 appropriations bill for the Departments of Commerce and Justice as well as for science and related agencies. They are accusing the House of Representatives of violating the “bipartisan agreement to put the Nation on a sustainable fiscal course in enacting the Budget Control Act of 2011 (BCA).” They go on to say that the President’s senior advisors would be urging him to veto this bill.

From a taxpayer’s perspective this is rich given that the appropriations bill is below the level that Obama requested. The administration is accusing Republicans of making spending cuts that would mean cuts in services elsewhere in the budget.

However, what is much more interesting is their strong opposition to the budget rider proposed by Rep. Denny Rehberg (R-MT) which would cut the ATF’s funding for the multiple semi-auto firearm reporting requirement in the Southwest.

Prohibition on Multiple Sales of Rifles Reporting Requirement. Preventing the Bureau of Alcohol, Tobacco, Firearms and Explosives from requiring licensed firearms dealers in four border States to report information on the sale of multiple rifles or shotguns to the same person would hamper efforts to address the problem of illegal gun trafficking along the Southwest Border and in Mexico.

This reporting requirement is of dubious legality and even more dubious utility in stopping firearms trafficking to the narco-terrorists in Mexico. That the Obama Administration would single it out for special mention speaks to their true intentions regarding firearms.

UPDATE: Bob Owen is reporting that even with the cut to the multiple rifle reporting requirement, ATF will be getting a $1 million increase in its budget over the previous fiscal year. Rep. Trey Gowdy (R-SC) has offered an amendment to the appropriations bill that would remove that same $1 million from the DOJ’s General Administration budget. This is the part of the budget that supports the AG’s office. Gowdy said he proposed doing this due to their stonewalling over Project Gunwalker. (corrected)

UPDATE II: The NRA-ILA released a statement urging members to contact their member of Congress regarding the Rehberg Amendment and the need to keep it in the appropriations bill.

It comes as no surprise that the Obama Administration put out a Statement of Administration Policy saying that President Obama’s senior advisors would recommend that he veto H.R. 5326 (FY2013 Commerce, Justice, Science Appropriations bill)…

Apparently, one of the reasons the President would veto H.R. 5326 is because of a NRA-backed general provision preventing funding for the new and unauthorized multiple sales reporting and registration plan proposed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE). On Thursday, April 26, the U.S. House of Representatives Committee on Appropriations approved this general provision offered by Congressman Rehberg (R-Mont.), by a vote of 30-19.

Without this funding restriction, the BATFE could continue to circumvent the will of Congress by collecting information on multiple-sales of long guns by Executive Branch mandate and then, centralizing records of thousands of Americans’ gun purchases, without any legal authority.