Friday, June 1, 2012

Update On HB 489 - The Effort To Negate The Bateman Win

Grass Roots North Carolina sent out an update yesterday evening on HB 489. This was the attempt to re-write North Carolina's state of emergency gun ban that would have negated the win in Bateman v. Perdue. It now appears that all efforts to re-write the gun ban have failed and that the NC General Assembly will just vote to repeal the offending law.

From GRNC:
Congratulate yourselves on applying pressure that has resulted in another GRNC win added to a growing trend of recent pro-freedom victories. As you recall, in the case Bateman v. Perdue, GRNC and SAF won the lawsuit over North Carolina's ban on transporting firearms outside the home during declared states of emergency, resulting in the law being declared unconstitutional under the Second Amendment. Because the state chose not to appeal, the decision stands and our unconstitutional law had to be repealed.

Rather than simply repealing the ban, however, NC Senate staffers apparently ran amok and drafted replacement language which was worse than the original law. But after GRNC issued alerts to tens of thousands of gun owners, your input shut down the committee and forced them to reconsider.

Suffice to say you made quite an impression. Instead replacing an unconstitutional gun ban with yet another unconstitutional gun ban, and even including language to "authorize" your right to bear arms in your home during emergencies, as did HB 489, the SOE gun ban is headed for repeal pending an almost certain floor vote in the Senate and House concurrence. This is what should have happened from the very beginning, and serves as a reminder that we need to remain ever vigilant against anti-gun legislation.
This is good news. More importantly, it emphasizes the need to keep an eye on the state legislature to nip these bills in the bud. Without an organized and aggressive state level organization this might have gone through. If you don't belong to a state level gun rights organization like GRNC, CalGuns, or whatever your state has to offer, you should strongly consider it. The NRA-ILA can only do so much and state-level organizations fill in the gap. Or in the case of organizations like GRNC and CalGuns, lead the way.

WizardPC at Guns, Car, & Tech is assembling a list of these organizations. Check there to find your state's organization if you don't know it already.

UPDATE: Two North Carolina gun bloggers, Knitebane and Mark of a Free Man, have been doing some detective work into just who rewrote HB 489 in an effort to negate the Bateman win. No state senator is taking credit for the substitute language and the chairman of the Senate Judiciary I committee won't identify the author. The person that they come up with makes sense to me. Go here to read the full story. It makes for some interesting reading.


  1. Unfortunately the person responsible for the shenanigans with HB489 have yet to be positively identified.

    Mark of a Free Man and I took a crack at it though.

    Check my blog for details.

  2. @Knitebane: See my update linking to you. Very interesting and very good detective work that you and Mark of a Free Man did.

  3. Well, why no try to get the all fired, or the chairman of the Senate Judiciary I committee? At least make the latter sweat so he's less inclined to do this sort of thing again, or let it happen under his watch.