Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Vote on North Carolina Anti-Gun Bill Imminent!

Tuesday, May 1, 2007

Please Contact Your State Representative Immediately!

 

A vote on House Bill 1287, introduced by State Representative Ronnie Sutton (D-47), could come as early as today.  The bill seeks to create a new statewide database to which sheriffs would report all individuals who have been denied a permit to purchase a pistol.  PLEASE CALL YOUR STATE REPRESENTATIVE AT (919) 733-4111 AND URGE HIM OR HER TO OPPOSE HB 1287.

 

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  Originally enacted in 1919--long before anyone imagined the possibility of centralized computer databases of criminal records--the law requires anyone who wishes to purchase a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 STATE REPRESENTATIVE AT (919) 733-4111
AND URGE HIM OR HER TO OPPOSE HB 1287.



To find further contact information or help identifying your legislators
please use the
"Write Your Representative" feature found at www.NRAILA.org.

TRENDING NOW
Biden Plots Sneak Attack Against U.S. Firearms Industry

News  

Monday, January 25, 2021

Biden Plots Sneak Attack Against U.S. Firearms Industry

Joe Biden has unveiled his agenda for his first 100 days in the White House, and his list includes an initiative aimed at nothing less than the destruction of the U.S. firearms industry. This is ...

Washington: Vague Carry Ban and Rehashed Mag Ban Introduced and Scheduled for Hearings Next Week

Thursday, January 21, 2021

Washington: Vague Carry Ban and Rehashed Mag Ban Introduced and Scheduled for Hearings Next Week

Next week, anti-gun legislation, Senate Bill 5078 and Senate Bill 5038, are scheduled for hearings in the Senate Law and Justice Committee. 

President Trump’s Executive Order Expands LEOSA Carry Rights

News  

Thursday, January 21, 2021

President Trump’s Executive Order Expands LEOSA Carry Rights

On January 18th, President Trump signed an “Executive Order on Protecting Law Enforcement Officers, Judges, Prosecutors, And Their Families.” The order aims to provide for more federal law enforcement officers, prosecutors, and judges to be able to ...

Anti-Gun Groups Want to Abolish What Law-Abiding Virginians Have been Doing for Centuries

News  

Monday, January 25, 2021

Anti-Gun Groups Want to Abolish What Law-Abiding Virginians Have been Doing for Centuries

Last year, the anti-Second Amendment majority in the Virginia legislature that was purchased by gun-ban extremists passed a number of anti-gun measures. Anti-gun activists even demanded an opportunity to gloat over what they had bought.

Gun Control Groups Push Hollywood to Produce Even More Anti-gun Propaganda

News  

Monday, January 25, 2021

Gun Control Groups Push Hollywood to Produce Even More Anti-gun Propaganda

Gun control advocates are once again pushing the entertainment industry to produce anti-gun propaganda with the explicit goal of advancing failed firearm legislation. The renewed overt effort will strike some as superfluous, given Hollywood’s lengthy track record of anti-gun agitprop and left-wing political monoculture.

“Unity” President Vows to “Defeat” America’s Oldest and Largest Civil Rights Group

News  

Tuesday, January 19, 2021

“Unity” President Vows to “Defeat” America’s Oldest and Largest Civil Rights Group

Biden issued this “pledge” in a January 8 tweet that falsely tried to suggest the men and women of the NRA were somehow implicated in an infamous crime that was committed a decade ago by ...

Maryland: Senate Committee Passes Wear & Carry Preliminary Approval

Monday, January 25, 2021

Maryland: Senate Committee Passes Wear & Carry Preliminary Approval

On January 21st, the Senate Judicial Proceedings Committee voted unanimously to pass Senate Bill 309.

Florida Alert! Gun Bills Filed in Florida - SO FAR

Friday, January 15, 2021

Florida Alert! Gun Bills Filed in Florida - SO FAR

As Legislators begin to file bills for the 2021 Florida Legislative Session, we are getting questions about various bills due to media reports on gun bills.  Below is a partial list of bills we will ...

Utah: House Judiciary Committee Passes Permitless Carry Legislation!

Saturday, January 23, 2021

Utah: House Judiciary Committee Passes Permitless Carry Legislation!

On January 22nd, the Utah House Judiciary Committee passed House Bill 60 on an 8 - 3 vote. 

ATF Withdraws Pistol Brace “Guidance”

News  

Wednesday, December 23, 2020

ATF Withdraws Pistol Brace “Guidance”

On December 23rd, ATF posted a document to its website indicating that its recently published Objective Factors for Classifying Weapons with “Stabilizing Braces” is withdrawn.

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.