I knew it would be inevitable that media hype and ignorance would quickly permeate the blogosphere with regards to the new gun laws in NC, but I figured it would be moderately based in personal preference rather than outright distortion of fact or hyped one-liners. I read an article tonight that made me decide to go ahead and write this piece – and for those that show interest, I will be updating is as comments and questions require me to add additional information.
To those at the Charlotte Observer – please outline your facts better before publishing them on your website for readers to accept as gospel. One-line zingers have no place in a gun-legislation discussion. This is one of those times that more info is better. Tell the WHOLE story, and the reasons for it. Don’t sensationalize to stir the pot.
They have a section on the ad that reads “The new gun legislation would:” and then proceeds to itemize things they consider of import. I’m going to respond to these in order beneath the bulleted item.
- Set no limits for the number of permits a person can obtain.
Incorrect – There has never been a limit on how many permits a person can obtain. There is a limit on how many permits you can get at one time, but that’s not the same. You pay your $5 for each permit, get fingerprinted, and come back later the same day or a few days later to pick up your permit(s). You can still get the same number of permits you always could, but now you can can do it in one trip, rather than multiple trips. § 14-404, subsection E
- Require sheriffs to specify why a permit was denied.
I like this addition to the ruling. Specifically it states “The statement shall cite the specific facts upon which the sheriff concluded that the applicant was not qualified for the issuance of a permit and list, by statute number, the applicable law upon which the denial is based. An appeal from the refusal shall lie by way of petition to the chief judge of the district court for the district in which the application was filed. The determination by the court, on appeal, shall be upon the facts, the law, and the reasonableness of the sheriff’s refusal, and shall be final.”
§ 14-404, Subsection B
- Allow sheriffs to revoke a permit after a disqualifying offense.
This has already been a rule before under case law, but is now written into statutory law. Basically, if you commit any infraction that would have made you ineligible for a concealed carry permit at any time during the permit period of five years, then the sheriff’s office has to revoke your permit – which extends to mental health issues, which I really like. Basically, if you’re ever admitted to the hospital for attempted suicide, they take your permits away.
I’m not yet clear on the interpretation of the law as it applies to handguns you already own. They can take away your concealed carry permit, but as far as I know, not your actual guns, which still allows you to carry under North Carolina Open Carry law. Someone double-check me on that to be sure if you’d like…
- Prevent cities or towns from creating rules against carrying concealed handguns.
I personally applaud this rule as well. There are towns in NC that have tried to implement rules to prohibit concealed carry – that is now no longer a waste of any judges time on his docket. The rule says no one can override this anywhere in the state for a specific municipality, town, etc. Good change!
- Make purchase permit data, concealed carry data and gun sales information confidential.
Absolutely critical! The scandal that rocked the states up north a few months ago occurred because a newspaper requested the “public record” of all concealed carry permit holders and then posted a map on their website. In NC, that can never happen. The Charlotte Observer admits having requested information on all 60,000 permit holders in their county this year. The sheriff’s department had to give it to them – after which you have no idea what happens to that information. No more. Now, the sheriff can’t give it to them even if he wanted to. This rule needed to happen!
- Increase penalties for certain gun crimes in which a gun is used or displayed.
Another good ruling in my opinion.
- Make it a criminal offense for anyone to allow a child to access a gun without supervision.
True, but VERY misleading. I know because I fought this with the NC Department of Social Services and won (though they’re very shy about admitting it.)
There are TWO rules that affect adults with regards to children and guns. One says what kids can and can’t do with them. The other states how guns have to be stored. The department of social services likes to try to confuse the two.NC General Statute 14-315.1 relates to storage and reads – and basically says you are NOT required to lock up your guns.
NC General Statute 14-316. relates to kids who USE firearms. There are two totally different things. The old rule stated:
“It shall be unlawful for any parent, guardian, or person standing in loco parentis, to
knowingly permit his child under the age of 12 years to have the possession, custody or use in
any manner whatever, any gun, pistol or other dangerous firearm, whether such weapon be
loaded or unloaded, except when such child is under the supervision of the parent, guardian or
person standing in loco parentis. It shall be unlawful for any other person to knowingly furnish
such child any weapon enumerated herein. Any person violating the provisions of this section
shall be guilty of a Class 2 misdemeanor.”
The new modification states:
“It shall be unlawful for any person to knowingly permit a child under the age of 12 years to have possession, custody or use in any manner whatever, any gun, pistol or other dangerous firearm, whether such weapon be loaded or unloaded, unless the person has the permission of the child’s parent or guardian, and the child is under the supervision of an adult. Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.”
Notice it’s no longer “his” child, but ANY child. If they’re under your care – it’s your butt if something happens to them with a firearm. I’m ok with this one.
However, there was NOT a change to NC GS 14-315.1, which means YES, your guns are still OK lying onto your nightstand, or in your gun rack, locked and cocked.
- Create uniform state requirements for reporting mental health and drug abuse information to the national criminal database.
They basically added a rule that says with the exception of weekends, the sheriff’s department has 48 hours to notify the NICS system of a change in your permit eligibility.
- Allow hunting with silencers.
Finally! I never understood why people disliked silencers. First off, they’re not the hollywood crap you see on television that produce a muffled swoosh sound. They’ve been proved scientifically again and again to help prevent hearing loss- which is great and they don’t scare every deer off within 3 miles if you miss your shot.
Under the bill, concealed-carry permit holders would be able to carry a gun:
- Into bars, parades and funerals unless property owners post a sign saying otherwise.
I’m gonna weigh in on this one for all the whiny idiots out there that say “No one should ever take a weapon into a place that serves alcohol!”Let me ask you this – It’s ok with you if I defend my life in Waffle House, but not in Applebee’s? First off, I don’t drink. I’m known to have 1-3 shots a year. I have a $200 bottle of single malt that will probably last me ten years at my rate of consumption. However my wife loves a glass of wine with dinner, but because Applebee’s serves alcohol, I cant carry – even though I’ve only had one shot of alcohol in one Applebee’s one time and even that was only to celebrate a friend’s new upcoming baby with her father. If I don’t drink, and consume zero alcohol, then there’s no reason I should be any more prohibited to carry because OTHER people are drinking. If anything, the sober guy is the one who SHOULD be armed.
- On playgrounds and recreation areas.
This is one of those areas that people are jumping up and down over. First off, everyone can already open carry from OUTSIDE the playground. Allowing concealed carry INSIDE a playground is nothing that’s going to hurt you or little suzy. To get a concealed carry permit in North Carolina you have under go a very detailed background check, go through an hour class on the rules of carrying, have safety training, and a myriad of other things open-carry people don’t have to have. Having a person on a playground that the local sheriff has vetted, the state government has vetted, and an independent instructor has certified is in NO WAY more dangerous that what you have now. Quite to the contrary in my opinion. I feel much better knowing my wife has her 9mm tucked in her back pocket if anyone comes after our son in a public playground. Sure beats the hell out of screaming “Hey, stop” while they run off.
- In a locked compartment of a car on educational property.
For the last two years, I’ve carried concealed. That means that if my daughter calls and says “Can you pick me up today?” I have to park across the street at a feed store and she has to cross the five lane highway to get to my truck. What am I supposed to do – say “Sure honey, but it’ll be another 40 minutes because I have to go all the way home, drop off my gun, then come back to get you?” Seems kinda dumb huh?
Maybe I want to stop by and see her band practice? Now I can. I simply lock the pistol in the glove box and go in and see it. It’s simple.
How about the 24 year old female teacher that lives in a seedy neighborhood because she can’t afford any better on the crappy salary you allow the state to pay her? She has a gun for her own protection but can’t carry it in her car, even locked in the glove box, so she has no protection on her ride home each night. This law changes that. She can’t carry IN school, but she can keep her pistol locked in her car and at least accessible to her on the road now. This is a GOOD change people!
- In a vehicle in a state government parking lot.
This has been requested for years, both for people serving on jury duty and people that have to simply stop by the sheriff’s department or courthouse. As it is now, if I go to the register of deeds office for something, I have to go home, drop off my gun, and drive back across town – or else put it under my seat and hope my car doesn’t get searched. (I’ll let you wonder which of those two happens more often than the other.)This law change is merely a convenience for citizens – not an invitation to start shooting up courthouses. Believe me, if you show up to a courthouse with evil in mind, you’re going to find out REAL quick that attorney’s are already allowed to carry, so are judges, police, etc. The only person that’s NOT likely to shoot you is the secretary at the front door and I wouldn’t bet too much on that one either.
Read more here: http://www.charlotteobserver.com/2013/07/24/4186509/gun-law-changes-approved.html#storylink=cpy
I’ll respond some of the other hype as I see it, but feel free to share any links you see that are blatantly incorrect out there. I don’t mind beating idiots to death with legislation. It’s good practice.
Have a good day y’all.