Monday, June 8, 2015

GRNC Reports HB 562 May Be Weakened On The Floor (UPDATE)

As I reported earlier, HB 562 is scheduled to be debated on the floor of the NC House of Representatives this evening. Grass Roots North Carolina sent out an alert late yesterday saying that Rep. Allen McNeill (R-Randolph) intends to offer a floor amendment that would remove the phased-in elimination of pistol purchase permits from the bill. As I read their alert, Rep. McNeill was one of the people responsible for the phase-in of the elimination as opposed to an outright elimination of it.

They are requesting people email and call the House Republicans to remind them just which group helped them get their super-majority. If the Republicans who are supposed to be our friends are so willing to sell us down the river, how could we do any worse with Democrats? At least then, instead of being stabbed in the back, it would be a face to face fight where you knew what was coming at you.

Paul Iadonisi at Arms are the Mark of a Freeman has been doing some research into prosecutions for selling a pistol in a private sale without a pistol purchase permit. He has not been able to find a single prosecution for selling a pistol without the permit.
But what was interesting is that, through a few phone calls to DAs and court clerks, it’s been discovered that selling a pistol in a private sale without a PPP (or a Concealed Handgun Permit, which suffices according to statute as well) isn’t something that is ever used in any prosecution. I.e.: it is never enforced and is likely ignored by most private sellers and buyers.

Technically, the seller is not even required to take possession of the PPP or ask to see the CHP. And even if you do, you can put it in the circular file or shred it and not be in violation of the law. And the way the law is written, even an FFL dealer is not required to take possession of the PPP, though you’d be hard pressed to find one that wouldn’t. Both the CHP and PPP are good for five years. And therein lies the problem for our sheriffs: they can issue a PPP and a year later, the recipient could commit a crime that makes him ‘prohibited person’. Yet he can go buy a gun without a background check *at an FFL*, because the NICS check was already done. There is a mechanism for the CHP to be revoked, but not the PPP.
One of the arguments that I heard from a gun owner was that he wanted to know the person to whom he was selling a handgun was not a criminal or someone who would misuse it. I think it is called commonsense. If you don't know the person and you don't have a good feeling about that person, then don't sell it to them. It's that simple.

UPDATE: Rep. Jacqueline Schaffer (R-Mecklenburg), the principal sponsor of HB 562, made a motion at approximately 7:20pm to have the bill removed back to the Rules Committee. She said there were still a lot of amendments and too many pieces still in motion.

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