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  Originally enacted in 1919--long before anyone imagined the possibility of centralized computer databases of criminal records--the law requires anyone who wishes to purchase a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
Obama Says Goodbye to America’s Gun Owners with (a Likely Short-lived) Lead Ammo Ban

News  

Friday, January 20, 2017

Obama Says Goodbye to America’s Gun Owners with (a Likely Short-lived) Lead Ammo Ban

Gun owners knew that Barack Obama would not leave quietly. The only question was what else was coming.  

Federal Appeals Court: Chicago Violates Second Amendment … Again

News  

Friday, January 20, 2017

Federal Appeals Court: Chicago Violates Second Amendment … Again

On Wednesday, the U.S. Court of Appeals for the Seventh Circuit found that Chicago had once again violated the Second Amendment, this time with its regulations for gun ranges.

Gun Owners Welcome Donald J. Trump as President of the United States

News  

Friday, January 20, 2017

Gun Owners Welcome Donald J. Trump as President of the United States

Gun owners across the nation breathed a sigh of relief as Donald J. Trump was sworn in Friday morning as the 45th president of the United States.

Web Scraping: A Means to Push the Anti-Gun Agenda

News  

Friday, January 20, 2017

Web Scraping: A Means to Push the Anti-Gun Agenda

You may have read recently about a “breaking analysis” that includes numbers derived from a “mass shooting tracker,” which purports to present to the world, real world cases in which mass shootings have occurred.  One ...

New York Times Relies on Gun Prohibitionist Propaganda, Stigmatizes Suicide

News  

Friday, January 20, 2017

New York Times Relies on Gun Prohibitionist Propaganda, Stigmatizes Suicide

In a December 5, 2015, front page editorial, the New York Times finally admitted what discerning readers had long understood – that the paper advocates the prohibition and confiscation of certain types of now-lawfully possessed firearms. ...

Your Members of Congress Need to Hear from You on the Hearing Protection Act of 2017

News  

Friday, January 13, 2017

Your Members of Congress Need to Hear from You on the Hearing Protection Act of 2017

On Monday, Sen. Mike Crapo (R-ID) – joined by co-sponsors Sens. Jerry Moran (R-KS) and Rand Paul (R-KY) – introduced S. 59, the Hearing Protection Act of 2017 (HPA). Similar legislation was introduced in the ...

Alert: WA State Proposes Draconian Gun Ban Bills

News  

Friday, January 13, 2017

Alert: WA State Proposes Draconian Gun Ban Bills

Inspired, perhaps, by Oscar Wilde (“Moderation is a fatal thing. Nothing succeeds like excess”), Washington State Attorney General Bob Ferguson has announced two new sweeping gun control bills, with Sen. David Frockt (D-Seattle) and Rep. ...

New Hampshire: Constitutional/Permitless Carry Bill Passes Senate!

Thursday, January 19, 2017

New Hampshire: Constitutional/Permitless Carry Bill Passes Senate!

Today, Senate Bill 12, legislation eliminating the requirement to obtain a permit in order to lawfully carry, passed the Senate without amendment, by a 13-10 vote.  SB 12 will now go to the House of ...

National Concealed Carry Reciprocity Lies and the Lying Liars Who Tell Them

News  

Friday, January 13, 2017

National Concealed Carry Reciprocity Lies and the Lying Liars Who Tell Them

On January 3rd, Congressman Richard Hudson (R-N.C.8th) introduced H.R. 38, the Concealed Carry Reciprocity Act of 2017, which simply allows lawful firearm carriers from any state to carry a concealed firearm in any other state. The bill ...

Thursday, January 19, 2017

Florida Urgent Alert! Self-defense Bill up in Senate Judiciary on Tuesday 1/24/2017

A critical self-defense bill will be heard by the Senate Judiciary Committee on Tuesday, January 24, 2017, between 2:00-4:00pm.  SB-128 Burden of Proof by Senator Rob Bradley restores the presumption of innocence in self-defense cases ...

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.