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  Originally enacted in 1919--long before anyone imagined the possibility of centralized computer databases of criminal records--the law requires anyone who wishes to purchase a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
Outback Steakhouse: No Rights, Just Rules

News  

Friday, February 9, 2018

Outback Steakhouse: No Rights, Just Rules

The word “Outback” used to conjure images of Australia’s tenacious frontier spirit; of hunters, ranchers, and other adventurers who carved out a harsh existence from an unforgiving land.

Monday, June 23, 2014

ALERT: Governor Rick Scott Makes History Signing 5 Pro-gun Bills

On, Friday, June 20, 2014, Florida Governor Rick Scott signed 5 pro-gun bills into law.  A strong supporter of the Second Amendment, Governor Rick Scott has now signed more pro-gun bills into law -- in ...

Washington: Gun Bills to Be Heard Next Week

Saturday, February 17, 2018

Washington: Gun Bills to Be Heard Next Week

On February 9th, the Washington state Senate passed Senate Bill 6298 to expand the category of persons stripped of their Second Amendment rights and it is now scheduled for a hearing in the House Judiciary ...

A Promise Kept: Trump Signs Repeal of Obama-Era Social Security Gun Prohibition Rule

News  

Friday, March 3, 2017

A Promise Kept: Trump Signs Repeal of Obama-Era Social Security Gun Prohibition Rule

On Tuesday, President Donald J. Trump signed the repeal of an Obama-era Social Security Administration (SSA) rule that would have resulted in some 75,000 law-abiding beneficiaries losing their Second Amendment rights each year. 

What the Media Doesn’t Want You to Know: Enactment of National Reciprocity is Closer than Ever!

News  

Friday, February 2, 2018

What the Media Doesn’t Want You to Know: Enactment of National Reciprocity is Closer than Ever!

Anybody who is exposed to the so-called news media these days faces a barrage of bewildering and often outlandish claims. “Breaking news” cycles through the public eye with such frequency and speed that knowing what’s ...

New Hampshire: Governor Sununu Signs Constitutional/Permitless Carry Bill Into Law!

Wednesday, February 22, 2017

New Hampshire: Governor Sununu Signs Constitutional/Permitless Carry Bill Into Law!

Today, in a private signing ceremony, Governor Chris Sununu signed Senate Bill 12 into law.  Similar legislation had been vetoed by former Governor Maggie Hassan for two years in a row, but thanks to your active involvement, ...

NRA Endorses Screnock for State Supreme Court

Second Amendment  

Tuesday, February 13, 2018

NRA Endorses Screnock for State Supreme Court

The National Rifle Association Political Victory Fund (NRA-PVF) is proud to endorse Judge Michael Screnock for the Wisconsin Supreme Court. 

Gun Laws  

Wednesday, March 24, 2004

Citizen's Guide To Federal Firearms Laws - Summary

A Citizen`s Guide to Federal Firearms Laws A summary of federal restrictions on the purchase, sale, possession, and transportation of firearms and ammunition. Caution: Firearm laws are subject to frequent change and court interpretation.

Maryland: Senate Judicial Proceedings Committee to Hear Magazine Ban This Week

Thursday, February 22, 2018

Maryland: Senate Judicial Proceedings Committee to Hear Magazine Ban This Week

On Thursday, February 22, the Maryland Senate Judicial Proceedings Committee is scheduled to consider four gun bills.

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.

MORE TRENDING +
LESS TRENDING -
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.