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Legislative bill submitted in North Carolina to end pistol purchase permits

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April 21, 2021, 12:55 AM
SigSAC
Legislative bill submitted in North Carolina to end pistol purchase permits
https://www.msn.com/en-us/news...1fSdQr?ocid=msedgdhp

RALEIGH, N.C.— A longtime North Carolina law requiring pistol purchase permits could be repealed under a new version of a bill that advanced through a House committee on Tuesday.

The law requires buyers of handguns to obtain a permit from a local sheriff and undergo a background check. Rep. Jay Adams, a Hickory Republican and lead sponsor of the bill, called the law "obsolete" and said the emphasis should be on the National Instant Criminal Background Check System.

Eddie Caldwell Jr., executive vice president and general counsel of the North Carolina Sheriffs' Association, said the group previously opposed the repeal but that "times have changed" as the national system has improved.

"The NICS check has done to pistol permits what email has done to the fax machine. That is, made it obsolete. The NICS check is more thorough," he told The News & Observer after the Judiciary committee meeting Tuesday. The move by the association to support the repeal comes from a vote of its executive committee.

The latest version of House Bill 398, called "Pistol Permit Modifications," would repeal the pistol permit law in North Carolina, relying instead on the federal background checks that are run on gun buyers.

Becky Ceartas, executive director of North Carolinians Against Gun Violence, has concerns about the potential repeal because background checks aren't always done at gun shows, in private transfers and in online gun sales.

She said the group supports the permitting system and urged lawmakers to oppose the repeal.

Adams called the pistol purchase permit law "obsolete" and called for emphasis on the national background system.

In 2019, Gov. Roy Cooper issued an executive directive to help close gaps in background checks. In 2018, Cooper convened the National Instant Criminal Background Check System working group to identify and fix gaps in firearms background checks.

Cooper said in 2019 that as a result, "more than 284,000 convictions have been added to the federal background check system." The State Bureau of Investigation led the work.

The pistol permit law has been around since Jim Crow.

"It does have its roots in Jim Crow laws, no doubt about it, but that's not the issue before us," Adams said.

In November 2020, the Wake County Sheriff's Office returned to a 14-day turnaround time for permits after slowing them during the coronavirus pandemic, The News & Observer previously reported.

Caldwell said the timing of this support from the Sheriffs' Association is "not based on any current activities going on across the state, it's just a feeling that the benefits of the pistol permits have been replaced by (NICS)."
April 21, 2021, 08:10 PM
parabellum
It's worse than obsolete. It's unconstitutional.
April 22, 2021, 08:19 AM
220-9er
Hopefully this can pass this year before the state goes anymore towards the dark side, legislatively. The alternative is a court overturning this as suggested.
North Carolina has a lot going for it otherwise and I never understood how a law like this could have come into being (and remained for so long) in that part of the country.
The NICS has been around for decades so that's really no excuse for this backward law.


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April 22, 2021, 09:59 PM
mikeyspizza
quote:
Becky Ceartas, executive director of North Carolinians Against Gun Violence, has concerns about the potential repeal because background checks aren't always done at gun shows, in private transfers and in online gun sales.
How does someone who doesn't even know Federal law become exec director?
April 23, 2021, 06:07 PM
chongosuerte
About time.

In NC you have to have one of these stupid permits for ANY transfer. Gift, inheritance, etc. Used to need them to buy a crossbow but they removed that a couple years ago.

And they are subjective. People can qualify for a concealed handgun permit but NOT a pistol purchase permit, because the sheriff has the ability to deny a purchase permit. I’ve seen it. They can delay the shit out of a concealed permit (I’m going on month 8 waiting for mine), but if you qualify under the statute you will eventually get it. And our concealed permit stands in for the background check/purchase permit. Makes perfect sense Roll Eyes




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Although sometimes distracting, there is often a certain entertainment value to this easy standard.
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April 28, 2021, 05:37 AM
sourdough44
Silly stuff, MI has/had a similar requirement.

How about one just does the regular background check then gets the gun? If FTF private sale, cash & carry.

If one has a CC license, that should be enough.
May 07, 2021, 03:40 PM
Nick
It should go. It doesn’t apply if you have your CCW.


"Escaped the liberal Borg and living free"
May 07, 2021, 06:25 PM
WCCPHD
NC Pistol Purchase Permits were initially put into place as a Jim Crow law.

Today they are still in place because the Sheriffs like to have power and control. Rural Sheriffs have been known to keep "books" of permits in their cars and hand them out like candy to supporters.

The permits cost $5 each and it costs much more than that to administer the program, so it is of no financial benefit to keep the program.
The exec director of the Sheriff's Assoc has killed the bill every time it has been introduced. This year he relented. Can't help but wonder what he is trying to get for this, as he does NOTHING that does not benefit him personally. IF something he does benefits the Sheriffs then that's just a side effect.
June 25, 2021, 10:33 AM
Jjmcd
Anyone have an update on this?


Remember the 1st rule. It's always loaded.
June 25, 2021, 01:11 PM
sigfreund
An example of irony, boys and girls: North Carolina offers a “First in Freedom” license plate as an alternative to the usual “First in Flight” version. I saw one today and almost burst out laughing.

(And before anyone else says it, I’ll readily admit that in toto Colorado is actually an at least as bad—if not worse—violator of gun rights, but the state government doesn’t go around bragging otherwise.)




6.4/93.6

“Wise men talk because they have something to say; fools, because they have to say something.”
— Plato
December 18, 2021, 06:20 PM
Jjmcd
So. It's been since April and we have had an election season go by. What is the status of the Permits Program in North Carolina?


Remember the 1st rule. It's always loaded.
December 20, 2021, 08:08 PM
SigSAC
The bill was passed and sent to the Governor. He vetoed it on 8/30/2021. It went back to the state's House Rules, Calendar, and Operations of the House. I don't see when they might meet to consider an override, or if that is even possible at this time.
December 30, 2021, 06:13 AM
Jjmcd
This is a "Jim Crow" holdover law that would be abolished by the Supreme Court Or national legislation *IF* it was about anything except Firearms purchases. No Political with his or her eye on re-election would dare to remove a restrictive legislation on firearms. Not in this political climate. I doubt that the NC legislature will over ride the Veto.


Remember the 1st rule. It's always loaded.
December 31, 2021, 02:50 PM
Blume9mm
Jjmcd is right on that this so obviously a hold over from the Jim Crowe days that the governor should hang his head in shame and every gun owner in N.C. should be yelling at him about it.


My Native American Name:
"Runs with Scissors"
January 12, 2022, 09:32 PM
lowflash
If you have NC Concealed Handgun Permit Purchasing Permits are not required.



nc
January 19, 2022, 07:22 PM
sunburn
NC is a may issue state.


Lick the lollipop of mediocrity once and you suck forever.
January 20, 2022, 03:20 PM
SR
quote:
Originally posted by sunburn:
NC is a may issue state.



??? Section 14-403 specifically says a sheriff SHALL ISSUE (emphasis added). Unless a sheriff abuses their power (which happens from time to time), the permit is only denied if certain statutory criteria (14-404) are not met. NC Statute

I realize there is more gray area here then I'd like because the sheriff has the ability to deny the permit if they believe the applicant does not have good moral character )based on conduct and criminal history for the prior 5 years. 14-404(a)(2).




Speak softly and carry a big stick loaded Sig