Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

North Carolina: Anti-Gun Legislation Hiding Within!

Friday, April 27, 2007

 

On Monday, April 30, the North Carolina House of Representatives is scheduled to vote on House Bill 1287, introduced by Representative Ronnie Sutton (D-47), which seeks to create a new statewide database to which sheriffs would report all individuals who have been denied a permit to purchase a pistol. 

 

And while this legislation may seem benign to law-abiding gun owners, as they say, the devil is in the details.  The problem is not, necessarily, with the proposal, but with the current approval process for purchase permits.  Originally enacted in 1919--long before anyone imagined the possibility of centralized computer databases of criminal records--the law requires anyone who wishes to purchase a pistol to acquire a permit from the sheriff of the county in which that person resides. 

 

At the time, sheriffs likely had the most immediate access to information that would indicate an applicant had a violent criminal record, so it would seem logical that they would be the best source to try to determine if an individual had a history that indicated he or she should be prohibited from acquiring a handgun. 

 

Today, however, there is a national database law enforcement may access, the National Instant Criminal Background Check System (NICS), to determine if an individual is statutorily prohibited from purchasing or possessing a handgun--or any firearm, for that matter. 

 

Unfortunately, the current permit to purchase process allows sheriffs to deny a permit not just to people statutorily prohibited from purchasing or possessing a pistol, but also allows denials for random, arbitrary reasons. 

 

Under the current permit process, a permit applicant must not only be free of any statutory disqualifications for purchasing or possessing any firearm--including pistols--but he or she must also prove to the sheriff "by affidavits, oral evidence, or otherwise, as to the good moral character of the applicant."  It is this vague standard where problems arise.  A sheriff could deny a permit simply because he or she feels the individual should not possess a pistol, for whatever reason, in spite of the fact the applicant may have no history of criminal activity. 

 

It is important to remember that the Right to Keep and Bear Arms is protected in both the U.S. and North Carolina Constitutions, and reasons for denying this right must be carefully considered, and carefully spelled out.  Federal and state law do this. 

 

Allowing sheriffs to deny a permit to purchase a pistol for anything other than clearly defined standards is contrary to the protections that are constitutionally enshrined. 

 

But what makes matters worse is that HB 1287 would not only establish a new database where arbitrary denials are entered, but the information, as mandated by this legislation, would remain in the new database for eight (8) years.  An individual who has been arbitrarily denied a permit to purchase would have that cloud hanging over him or her every time he or she applies for a permit, even if that person moves to a new county where the sheriff does not have a problem with people possessing handguns for lawful purposes.  The new sheriff would still see the applicant was once denied a permit, and may deny based on that little bit of information.  Sheriffs are already tasked with a great deal of responsibility, as well as granted a great deal of power and authority.  The responsibility of determining who should or should not be permitted to exercise a constitutionally protected right should not weigh on these public servants.  The authority to arbitrarily or randomly deny a law-abiding individual the ability to exercise a right protected by both the U.S. and North Carolina Constitutions should not be enhanced by allowing them to make decisions that could result in a cloud of confusion hovering over a law-abiding citizen for eight years. 

 

Please call your Representative at (919) 733-4111 and urge him or her to oppose HB 1287.

 

 

 

TRENDING NOW
Illinois: House Passes Bill for Firearm Surrender Without Due Process

Thursday, May 24, 2018

Illinois: House Passes Bill for Firearm Surrender Without Due Process

On May 23rd, the Illinois state House of Representatives voted 80-32 to pass House Amendment 2 to House Bill 2354 to allow Second Amendment rights to be revoked without due process.  HA 2 to HB 2354 now ...

Massachusetts: Anti-Second Amendment Bills Rolled into Committee Substitute

Tuesday, May 22, 2018

Massachusetts: Anti-Second Amendment Bills Rolled into Committee Substitute

On May 23rd, the Massachusetts state House of Representatives will be voting on House Bill 4517, which would allow firearms to be seized from individuals following baseless accusations without proper due process.

Washington: NRA Files Legal Challenge Against Misleading Ballot Title for Gun Control Initiative

Thursday, May 17, 2018

Washington: NRA Files Legal Challenge Against Misleading Ballot Title for Gun Control Initiative

Yesterday, NRA filed a legal challenge in the Thurston County Superior Court objecting to the misleading and inadequate ballot title for Initiative 1639, which seeks to further restrict the Second Amendment rights of Washington's law-abiding citizens.  The Thurston ...

Illinois: Gun Control Bills to be Heard This Week

Tuesday, May 22, 2018

Illinois: Gun Control Bills to be Heard This Week

The Illinois state House of Representatives can take action any day on House Amendment 1 to Senate Bill 2580 to expand the 72 hour waiting period to all firearms.  On May 24th, the Illinois state ...

Hard Times for Dick's as Second Amendment Supporters Respond to Company’s Anti-Gun Bent

Hunting  

News  

Friday, May 11, 2018

Hard Times for Dick's as Second Amendment Supporters Respond to Company’s Anti-Gun Bent

We have recently been reporting on the bizarre anti-gun activism of one of the nation’s larger firearm retailers, Dick’s Sporting Goods and its affiliated Field & Stream stores. First, the company announced it would stop selling most centerfire semi-automatic ...

Trump Administration’s Proposed Rulemakings a Win-Win for America's Firearms Industry, National Security

News  

Friday, May 25, 2018

Trump Administration’s Proposed Rulemakings a Win-Win for America's Firearms Industry, National Security

On Thursday, the Trump Administration published two rulemakings designed to enhance the competitiveness of American companies in the firearms and ammunition sectors, remove burdens for small businesses, and modernize export controls for the post-Cold War ...

Illinois: House Considering New Bill to Shut Down Your Gun Store

Thursday, May 24, 2018

Illinois: House Considering New Bill to Shut Down Your Gun Store

Today, the Illinois state House Judiciary-Criminal Committee voted 8-3 to pass Senate Amendment 3 to Senate Bill 337, which would shut down your local gun stores with onerous red tape and regulations.  Governor Bruce Rauner ...

New Jersey Action Needed: Senate Committee Passes Multiple Gun Control Bills

Tuesday, May 22, 2018

New Jersey Action Needed: Senate Committee Passes Multiple Gun Control Bills

Yesterday, the Senate Budget and Appropriations Committee considered and passed multiple anti-gun measures. 

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Washington Times  

Wednesday, May 23, 2018

Elizabeth Warren vows to refuse NRA money after never receiving such donations in the past

Sen. Elizabeth Warren has vowed to do something about mass shootings by refusing to accept campaign donations from the National Rifle Association, even though she’s never received any money from the organization in the past.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.