The Second Amendment Foundation Returns To North Carolina

The first case brought after the win in McDonald v. Chicago extended the Second Amendment to the states was in North Carolina. Bateman v. Perdue challenged the state's law that restricted possession of firearms and ammunition outside the home during a state of emergency. Bateman was brought by the Second Amendment Foundation (among others) and was ultimately a win. Citizens of North Carolina are now allowed to protect themselves during states of emergency.

The Second Amendment Foundation has now returned to North Carolina to challenge the state's restriction of  Concealed Handgun Permits to US citizens. Felicity Todd Veasey is an Australian citizen and legal permanent resident living in Butner who is married to a US citizen. Mrs. Veasey has lived in North Carolina for the last 10 years and wishes to obtain a Concealed Handgun Permit. Named as the defendant in the case is Sheriff Brindell Wilkins, Jr. in his official capacity as sheriff of Granville County. North Carolina Concealed Handgun Permits are issued by the sheriffs of the respective counties.

This case follows on the heels of winning cases challenging state restrictions of firearm permits and concealed carry permits to only citizens. Alienage is a suspect class under Constitutional precedent and the state must show a compelling governmental interest in restrictions concerning citizenship. The Second Amendment Foundation has won similar cases in Nebraska, New Mexico, Massachusetts, and elsewhere while the ACLU has brought similar winning cases in South Dakota and Kentucky.

Veasey v. Wilkins seeks a preliminary and permanent injunction against this provision as well as a declaratory judgment stating that it is unconstitutional. The case is being brought on the grounds that the provision violates the Equal Protection Clause of the 14th Amendment and that it violates Mrs. Veasey's rights to keep and bear arms under the 2nd and 14th Amendments. The lead attorney in the case is David Sigale of Illinois who has served as lead attorney in a number of similar cases.

You can read the Second Amendment Foundation's release on the case here. As Alan Gottlieb of SAF notes in the release, "we seem (to)keep finding such laws on the books and we have to challenge them."

The full complaint is located here.

UPDATE: As Sean's comments indicate, the North Carolina General Assembly was urged to change the citizenship requirement but blew it off. Now it is going to cost the state time, effort, and money to correct their error. If they were smart, they'd fold immediately, pay SAF a reasonable amount for legal fees, and change the law.

NC Handgun Permit Modernization Act To Be Introduced

According to Grass Roots North Carolina, Rep. Jonathan Jordan (R-Ashe & Watauga) will be introducing this week the Handgun Permit Modernization Act. This bill if enacted would do three things: remove redundant mental health checks, stipulate that no additional fees or information could be required over what the state mandates, and reduce processing time from 90 days to 45 days.

In my home county it took me 85 days to obtain my NC Concealed Handgun Permit. This was in 2009 when sheriffs' offices were swamped with applications. By contrast, the Complementary Spouse applied for her permit in Buncombe County. In addition to fingerprints, training, background check, and the fee, Sheriff Van Duncan (D-Buncombe) required applicants to mail a mental health records release to Mission Hospital and to another mental health agency. While the Complementary Spouse did receive her CHP sooner than I did, it came with extra fees. This bill would change that.

GRNC is asking people to do two things: contact the General Assembly leadership and to contact their own legislator to push this bill. Their alert with more info is below.

Remove Obstructions To Concealed Handgun Permits

Over the past two years, many of you have told GRNC that some sheriffs are obstructing concealed handgun permits by either delaying issuance or asking for intrusive personal medical information. Others are imposing extra requirements such as photos, character affidavits and fees for redundant criminal background checks.

1. GRNC has listened. Thanks to Representative Jonathan Jordan (R-Ashe, Watauga, GRNC ****), this week will see introduction of the "Handgun Permit Modernization Act," which will:

Remove redundant mental health checks: Our CHP law predates the computerized National Instant Background Check System, which for several years has included mental health data. Yet NC CHPs continue to be delayed as sheriffs send forms to local mental health facilities. Worse, some sheriffs have begun requiring physicians to "certify" the mental health of applicants.

Stipulate that no additional information or fees may be required: Among the abuses we have seen, sheriffs have had applicants line up with sex offenders for mug shots, while others have required additional background checks (and fees), notarized character affidavits, and even contact information for employers.

Limit permit application processing to 45 days: At present, sheriffs are delaying permits for several weeks due to mental health check delays from local facilities.

IMMEDIATE ACTION REQUIRED!

Help Rep. Jordan move this bill, which will be filed on Monday:

• Email NC House Speaker Thom Tillis and Rules Chair Rep. Tim Moore and ask them for a favorable committee assignment for the bill
• Immediately email and call your representative to the North Carolina House and ask them to co-sponsor this critical legislation

CONTACT INFO

Speaker Thom Tillis: Thom.Tillis@ncleg.net

Rules Chair Rep. Tim Moore: Tim.Moore@ncleg.net

To find your House rep, go to: http://www.ncga.state.nc.us/representation/WhoRepresentsMe.aspx

DELIVER THIS MESSAGE

Suggested Subject: "Remove Obstructions To Concealed Handgun Permits"

To Speaker Tillis and Rep. Moore:

Dear ______________:

Please support Representative Jonathan Jordan's "Handgun Permit Modernization Act" by giving it a favorable committee assignment. Too many obstructions prevent lawful North Carolinians from obtaining concealed handgun permits essential to protecting themselves and their families. Our law was drafted long before creation of the computerized National Instant Background Check System, and long before North Carolina began reporting mental health data to that system. Yet permits are being delayed as sheriffs make archaic, haphazard and redundant inquiries to local mental health clinics.

Some sheriffs are subjecting permit applicants to arbitrary requirements beyond those stipulated by the General Assembly despite the fact that our concealed handgun permit application system was intended to be a uniform statewide process. These extra requirements include "mug shots," extra fees and even phone calls to employers.

Since inception of the law in 1995, concealed handgun permit-holders have spent eighteen years proving themselves sane, sober and law-abiding, with a rate of permit revocation of less than three tenths of a single percent. By reducing delays in permit issuance, this non-controversial bill may well save lives.

Respectfully,

To your House rep:

Dear _______________:

Please co-sponsor Representative Jonathan Jordan's "Handgun Permit Modernization Act." Too many obstructions prevent lawful North Carolinians from obtaining concealed handgun permits essential to protecting themselves and their families. Our law was drafted long before creation of the computerized National Instant Background Check System, and long before North Carolina began reporting mental health data to that system. Yet permits are being delayed as sheriffs make archaic, haphazard and redundant inquiries to local mental health clinics.

Some sheriffs are subjecting permit applicants to arbitrary requirements beyond those stipulated by the General Assembly despite the fact that our concealed handgun permit system was intended to be a uniform statewide process. These extra requirements include "mug shots," extra fees and even phone calls to employers.

Since inception of the law in 1995, concealed handgun permit-holders have spent eighteen years proving themselves sane, sober and law-abiding, with a rate of permit revocation of less than three tenths of a single percent. By reducing delays in permit issuance, this non-controversial bill may well save lives.

Respectfully,