Saturday, June 6, 2015

D-Day Plus 71 Years


As a child of the 60s and 70s, it is hard for me to comprehend that D-Day occurred 71 years ago today. My father and the fathers of many of my school mates had served in WWII. The war was not some distant memory.

I came across Gen. Eisenhower's handwritten speech to be used if the Normandy invasion failed. What struck me about it is how he was willing to take the blame if the invasion failed. By contrast, I think about modern day politicians at the highest levels and see how few of them are really willing to take the blame. "Under the bus" seems to be their motto.



If you have trouble reading cursive, you can read the message here along with a story about its background.

The Christian Science Monitor has a 25 question quiz about the D-Day invasion. It isn't easy.

Friday, June 5, 2015

"Possession Of Penetrating Bullets" - Only In New Jersey


My friend Frank Fiamingo highlighted this story about a middle school student who brought a 9mm Glock to school in Maplewood, New Jersey. What makes this story interesting is not that the kid brought a gun to school but what he was charged with.
The student, whose name has not been released due to his status as a juvenile, now stands charged with possession of a weapon on school property, possession of a weapon for unlawful purposes, and possession of penetrating bullets, authorities said.
Penetrating bullets? Isn't that the whole point? Are police in New Jersey the only ones allowed to have ammunition that penetrates the bodies of miscreants? I don't know about you but I want penetrating bullets!*















*I am presuming that what they meant to charge him with is possession of hollow-point bullets. The New Jersey criminal code section 2C:39-3.f does outlaw both hollow points and handgun bullets that are capable of penetrating body armor.

Thursday, June 4, 2015

And They Call Themselves Friends Of Gun Owners...


As Matt Caulder of the NC Capitol Connection reports, HB 562 just barely squeaked through the House Rules Committee.
A vote in the House Rules Committee came down to a tie Wednesday morning after nearly two hours of debate and comment on an omnibus gun rights bill set to advance freedoms for legal firearm owners while cracking down on criminal possession of firearms.

The 13-13 tie was broken by Committee Chairman David Lewis (R-Harnett) in favor of the bill, which will now head to the House floor for debate.

A vote is expected on the bill Thursday on the House floor.
He goes on to report that the testimony was evenly split between those in favor of the bill and those opposed. In an email to me, he said there were representatives from Everytown Moms for Illegal Mayors, the Brady affiliate NC Against Gun Violence (sic), the NC Sheriffs Association, and the NC School Boards Association who spoke against the bill In addition, there were some individuals who didn't represent groups but did claim membership in NCAGV.

Matt was kind enough to send me the breakdown of the vote in the committee by member. What should have been an easy win was made more difficult due to some Republicans. I expected "nay" votes from the Democrats. What I didn't expect was for Republicans Leo Daughtry, Ted Davis, and John Fraley to spit on gun owners like they did. Gun owners did yeoman's work in providing the Republicans their super-majority in both houses of the General Assembly. We didn't vote for them to go all wobbly when the Demanding Mommies and the Sheriffs Association said "boo."

The vote breakdown is below:
Committee Leadership
Rep. Lewis (R-Harnett) – aye, tie breaker
Rep. Torbett (R-Gaston) - aye
Rep. Stam (R-Wake) - aye
Rep. Davis (R-New Hanover) - nay
Rep. Daughtry (R-Johnston) - nay


Committee Members
Rep. J. Bell (R-Wayne) - aye
Rep. Blust (R-Guilford) - aye
Rep. Boles (R-Moore) - aye
Rep. Bumgardner (R-Gaston) - aye
Rep. Burr (R-Stanly) - aye
Rep. Carney (D-Mecklenburg) - nay
Rep. Cotham (D-Mecklenburg) - nay
Rep. Floyd (D-Cumberland) - nay
Rep. Fraley (R-Iredell) - nay
Rep. Goodman (D-Hoke) - nay
Rep. L. Hall (D-Durham) - nay
Rep. Hanes (D-Forsyth) - nay
Rep. Hastings (R-Gaston) - aye
Rep. Jackson (D-Wake) - nay
Rep. L. Johnson (R-Cabarrus) - aye
Rep. Reives (D-Chatham) - nay
Rep. Robinson (R-Caldwell) - aye
Rep. Saine (R-Saine) - aye
Rep. Schaffer (R-Mecklenburg) - aye
Rep. Szoka (R-Cumberland) - aye
Rep. Tine (U-Beaufort) - nay
Rep. Wray (D-Halifax) - nay
What makes this worse is that all three Republicans serve in some leadership capacity. Davis and Daughtry are vice-chairs of the Rules Committee and Fraley is the Majority Freshman Leader. If I were one of their constituents, I'd be giving them a piece of my mind. Their contact info is below.
Ted Davis (R-New Hanover)
919-733-5786
ted.davis@ncleg.net
N. Leo Daughtry (R-Johnston)
919-733-5605
leo.daughtry@ncleg.net
John Fraley (R-Iredell)
919-733-5741
john.fraley@ncleg.net
I wish the House Republicans including those above were less concerned with same-sex marriage and waiting periods for abortions and more with facilitating an enumerated Constitution right.

UPDATE:  Checking the NRA's Political Victory Fund site for 2014, I find that Davis, Daughtry, and Fraley were all endorsed by the NRA. Davis and Daughtry were rated A and Fraley, as a non-incumbent, was rated AQ.  Davis and Daughtry were also rated as 4-star by GRNC while Fraley got 3 stars.

HB 562 Is Reported Out Of Rules Committee And I'm Not Happy


The devil is in the details as they say. Yesterday, the NC House's Rules Committee reported out a committee substitute version of HB 563, the Second Amendment Affirmation Act, and I'm not exactly happy. Yes, there are good things in the bill and yes, it goes to the floor of the House. However, the way the Rules Committee has so mangled up the elimination of the pistol purchase permit irks me to no end.

Section 18 of the revised bill states in part:
Subsections (a) and (b) of Section 10 of this act become effective October 1, 2021, and apply to offenses committed on or after that date. Subsection (c) of Section 10 of this act becomes effective October 1, 2018, and applies to offenses committed on or after that date. Subsection (d) of Section 10 of this act becomes effective December 1, 2015, and applies to offenses committed on or after that date.
As I said, the devils in the details. What this means is that the pistol purchase permit system is eliminated in its entirety effective October 1, 2021 as Section 10 (a) and (b) refer to those parts of the General Statutes controlling permits. However, if you purchase a pistol from an FFL after October 1, 2018, a permit won't be needed if they run a NICS check.

The original substitute bill that I saw earlier this week would have set that date at December 1, 2015. What this means is that the Rules Committee and the House Republicans have again kow-towed to the North Carolina Sheriffs Association. If this provision remains in the bill and the bills passes into law, the sheriffs will continue to get their $5 per permit for another three years.

What makes this more egregious is that Bloomberg and his Demanding Mommies in their Felon Orange Tee's will claim this as a victory for gun control. This when most Republican House members don't give a large rodent's behind for them but will bend over backwards to the NCSA.

The changes in Section 10 (d) are actually good and timely. It provides standardization of the forms and process. The "good moral character" provision limits the evaluation of conduct to the last five years. Finally, it allows for appeals that can go up as far as the Court of Appeals. Previously, appeals stopped at District Court.

The arguments put forth by the sheriffs and the NCSA that they know the people in their county and know who is a potential problem are ridiculous. To think that is superior to a NICS check for a new purchase is a joke. The way the sheriffs are clinging to this Jim Crow inspired law is appalling. That some of the bitterest clingers are African-Americans is just even more appalling.

If we can't do away with the law, I say return it to the Clerks of Court where it was originally. Heaven knows they are better record keepers than any sheriff's department in the state and most likely much less biased.

Wednesday, June 3, 2015

"An Act to Regulate the Sale of Concealed Weapons in North Carolina" - Part II


In any discussion of the 1919 act regulating the purchase of certain weapons in North Carolina, you have to go back to the state of politics as they existed in the 1890s. Post-Reconstruction, the Democrats had regained power in the state from the Republicans. However, this dominance was threatened in the 1890s by the rise of what was called Fusion politics. The Republicans and the Populist Party in North Carolina, while they differed on a national agenda, agreed on many items including education, voting rights, and the restoration of the charter of the Farmer's Alliance which the Democrat-controlled General Assembly had revoked.

The guiding principle behind the fusion of the Republicans and the Populists was that they would agree to support the stronger candidate in each race against the Democrat's candidate. Sometimes this would be the Populist and sometimes this would be the Republican. The elections of 1894 showed the success of the fusion approach. The Fusionists gained six US House seats from the Democrats; two for the Republicans and four for the Populists. They also elected both US Senators and took a super-majority in both house of the NC General Assembly. They repeated this success in the elections of 1896 where they widened their lead in the General Assembly, picked up another US House seat, and Republican Daniel Russell was elected governor. The General Assembly that convened in 1895 had five African-Americans as members and it loosened voting restrictions on blacks. As a result, voting participation of African-Americans increased significantly.

The Democrats had to come up with a strategy to overcome the successful fusion between the Populists and Republicans. They turned to New Bern attorney Furnifold M. Simmons who was appointed chairman of the NC Democratic Party. Simmons organized local party organizations in each county as well as a speaker's bureau of orators such as South Carolina's infamous Pitchfork Ben Tillman. The overriding strategy was based upon one thing: white supremacy.
The "white supremacy campaign" was exactly that. The Democrats repeatedly stated that only white men were fit to hold political office. They often accused the fusionists, especially the Republicans, of supporting "negro domination" in the state. Indeed, there were a large number of African American officeholders, some of whom had been elected and many more who were appointed to office. The Democrats referred to themselves as the "white man's party" and appealed to white North Carolinians to restore them to power.

One of the most significant events of the campaign was the appearance of an editorial in the Wilmington Daily Record on August 18, 1898. The Daily Record was an African American newspaper published by Alex Manly. The editorial was a response to a speech by a Georgia woman who had called for the widespread lynching of African American men in order to protect white women. The Daily Record suggested that consensual relationships between African American men and white women were common and that often the man was accused of rape only after the relationship was discovered. Once the Democratic papers got hold of the editorial there was an uproar. Under headings such as "Vile and Villainous" and "A Horrid Slander," the editorial was reprinted throughout the state. Some Democratic papers continued to run it in almost every single issue up to election day.
Not only was the election of 1898 built around white supremacy, it featured the intimidation of black voters by the neo-Fascist Red Shirts at the behest of Simmons as well as an actual coup d'etat after the election in Wilmington. Josephus Daniels, publisher of the News and Observer and an ardent white supremacist, said of Simmons that he was "a genius in putting everybody to work—men who could write, men who could speak, and men who could ride—the last by no means the least important.” (As an aside, the News and Observer is editorializing in favor of keeping Jim Crow laws from that era.)

The role of newspapers such as the N&O, the Charlotte Observer, the Wilmington Morning Star, and the Wilmington Messenger cannot be understated. While their current staff and readership would be appalled by the overtly racist messages they published, they were the essential propaganda arm of the Democratic Party in North Carolina. In an era before the advent of TV and radio, the newspapers were the media. They conveyed the message to their readers through both editorials and through cartoons aimed at the less literate. Norman Jennett's cartoons for the N&O ran above the fold and were praised by Democrats as "one of the powers that brought about the revolution." Many of them can be found here.

On the eve of the 1898 election, Simmons wrote an editorial that laid out the reasons to vote for the Democrats and at its heart was the cause of white supremacy. It appeared on the front page of Daniels' N&O on November 3rd.
Then came the evidence, disclosing the actual condition of affairs, in that section of the State, which astonished and shocked the consciences and moral sensibilities of the people.
NEGRO CONGRESSMEN, NEGRO SOLICITORS, NEGRO REVENUE OFFICERS, NEGRO COLLECTORS OF CUSTOMS, NEGROES in charge of white institutions, NEGROES in charge of white schools, NEGROES holding inquests over the white dead, NEGROES controlling the finances of great cities, NEGROES in control of the sanitation and police of cities, NEGRO CONSTABLES arresting white women and white men, NEGRO MAGISTRATES trying white women and white men, white convicts chained to NEGRO CONVICTS and forced to social equality with them, until the proofs rose up, and stood forth "like Pelion on Ossa piled."....

The battle has been fought, the victory is within our reach. North Carolina is a WHITE MAN'S State, and WHITE MEN will rule it, and they will crush the party of negro domination beneath a majority so overwhelming that no other party will ever again dare to attempt to establish negro rule here.

They CANNOT intimidate us; they CANNOT buy us, and they SHALL NOT cheat us out of the fruits of our victory.
And victory was what the Democrats got in 1898. They gained back five seats in Congress from the Populists and Republicans and a super majority in the General Assembly (2 Populists and a smattering of mountain Republicans remained). While the fusionists won in Wilmington, then the state's largest city, that lasted all of two days until white supremacists rioted and took over the city council from the elected representatives in what became known as the Wilmington Massacre.

They consolidated their gains in 1900 with the election of Democrat Charles B. Aycock as governor, the appointment of Simmons as US Senator, and a constitutional amendment that imposed both a poll tax and a literacy test. The amendment contained a grandfather clause enabling anyone whose ancestors were eligible to vote prior to 1867 to vote. Voter turnout dropped from around 85% in 1896 to less than 50% thereafter. A Republican would not be governor of North Carolina again until 1972 and a Republican majority in either house of the General Assembly until 2010.

Not only had the Democrats cemented their power but so had Furnifold Simmons. He would serve in the US Senate for 30 years and would use the power of patronage to maintain his control. Only once in the succeeding years was his candidate defeated for governor in the Democratic primary and then he worked to destroy the man. His organization wrote journalist W. J. Cash reached to "the headwaters of every Little Buffalo and Sandy Run in North Carolina; into every alley of every factory town." The Democratic Party controlled a segregationist North Carolina and the Simmons Machine controlled the Democratic Party.

Part III will cover the passage of the act through the General Assembly in 1919 with the primary sponsor being none other than Simmons' nephew Sen. Earle A. Humphrey (D-Goldsboro).

Tuesday, June 2, 2015

Jim Crow Law Lives Until 2021


According to WRAL Raleigh, HB 562 - the Second Amendment Affirmation Act - was postponed for consideration until Wednesday. The House Rules Committee will vote on a committee substitute at 9am tomorrow. A summary of the committee summary can be found here and the actual text here. It does include the elimination of the pistol purchase permit but not until 2021. Dealers, however, would be allowed to sell handguns without a pistol purchase permit if they ran a NICS check on the person.
Come 2021, North Carolina residents would no longer need a permit when buying handguns under a redrafted omnibus firearms bill that circulated among members of the General Assembly Tuesday night.

The House Rules Committee is scheduled to vet the new version of HB 562 at 9 a.m. Wednesday. According to a summary of the bill provided to committee members, the measure still contains measures related to how doctors ask patients about firearms in their homes, although the language is loser than earlier versions of the bill.

Advocates for and against the measure were at the state Capitol on Tuesday. The lobbying group Moms Demand Action pressured lawmakers to turn back the bill, focusing particularly on the pistol permit provision. Meanwhile, the pro-gun lobbying group Grass Roots North Carolina pressured lawmakers to pass the bill.

The most scrutiny has focused on a provision that would repeal North Carolina's pistol purchase permit system. As originally drafted, the bill would have ended the state's pistol permit system in 2018. The measure up for consideration Wednesday morning would extend the system's life until 2021.
Sen. Furnifold Simmons and early N&O owner Josephus Daniels are probably laughing from the grave over this turn of events. They were the architects of the racist white supremacy policies of the North Carolina Democratic Party. The co-sponsor of the Senate bill that eventually became law was none other than Simmons' nephew Sen. Earle A. Humphrey (D-Goldsboro).  Simmons' dominance of North Carolina politics in that era was so far reaching that it was referred to as the Simmons Machine just like Richard Daley's dominance of Chicago politics was called the Daley Machine.

SAF Files Amicus Brief In NC Gun Range Zoning Case


The NC Court of Appeals upheld Franklin County's Unified Development Ordinance (UDO) in a split decision in 2014. Their ruling upheld a Superior Court ruling denying the plaintiffs the ability to build a shooting range.

Aaron Byrd and Eric Coombs had sought to build a shooting range on property they owned in the county. The county's Planning Director has first told them they couldn't do it because the UDO didn't list it as an approved use. The Director later amended his decision to say that Byrd and Coombs could have a range if they applied for a special use permit under the Open Air Games classification. They applied to the Franklin County Board of Commissioners for this special use permit in December 2012 and were denied.

Shortly thereafter, Byrd and Coombs were issued notices that they were in violation of the zoning code and they must "cease and desist" all activities related to the shooting range. They appealed the Code Officer's notices to the county's Board of Adjustment. (As an aside, I served on the Town of Wayneville's Board of Adjustment for 19 years.) The Board of Adjustment is a quasi-judicial board whose rulings can be appealed to the Superior Court. They were turned down here and made a timely appeal to Superior Court. As noted in the first paragraph, the Superior Court upheld the ruling of the Board of Adjustment.

Byrd and Coombs contend that since the UDO made no mention of regulating shooting ranges, then they don't need approval from the county to build their range. Moreover, they said that classifying a shooting range as an Open Air Game was in error. Finally, they argued that an earlier Court of Appeals case, Land v. Village of Wesley Chapel, has set the precedent in their favor.

The opinion of the Court of Appeals stated they agreed that the classification of the shooting range as an Open Air Game was erroneous. They they went on to say this:
However, we disagree with Petitioners that the UDO does not regulate shooting ranges at all, but it does in fact prohibit shooting ranges anywhere in the County by providing that “[u]ses not specifically listed in the Table [] are prohibited.” Accordingly, we hold that the superior court did not err in affirming the County’s order that Petitioners cease and desist from operating a shooting range on the Property.
Judge Robert Hunter dissented from this opinion in part saying that he thought the Land case precedent on shooting ranges ruled in this case. It should be noted that Judge Hunter wrote the opinion in the Land case. He said the Land case "cited long-standing precedent in rejecting the notion that a zoning ordinance may prohibit uses not explicitly allowed."

Byrd and Coombs have now appealed this decision to the NC Supreme Court. On Friday, the Second Amendment Foundation filed an amicus brief on behalf on the plaintiffs. The SAF's amicus brief was submitted by Raleigh attorney Camden Webb of Williams Mullin.

The Second Amendment Foundation amicus brief notes that this case does not only involve a judicial interpretation of the county's UDO but "implicates an important Constitutional question." The Court of Appeals by saying that the UDO prohibits shooting ranges in Franklin County is allowing "the impermissable infringement of the Second Amendment rights of the people of Franklin County, North Carolina."

After discussing Heller, McDonald, and the appropriate level of scrutiny, the brief goes on to discuss the 7th Circuit's ruling in the Ezell case. There the court said the the City of Chicago's banning of all shooting ranges within the city limits was unconstitutional saying, in part, "the core right wouldn't mean much without the training and practice to make it effective." The brief argues that the 7th Circuit's reasoning should apply in this case. The brief further argues that the county did not establish a close fit between the banning of a range and the public good or interest that it serves. Given the county is primarily rural, they say the "complete prohibition of a shooting ranges in such a county simply cannot pass constitutional muster."

I'm glad the Second Amendment Foundation filed an amicus brief in this case. The precedent set by the Ezell case must be strongly defended and this brief does that. Alan Gottlieb noted that the SAF had to sue Chicago over this same issue.


Monday, June 1, 2015

HB 562 - the Second Amendment Affirmation Act - Scheduled Before The NC House Tomorrow


According to Grass Roots North Carolina, the full NC House of Representatives will be voting on HB 562, the Second Amendment Affirmation Act, tomorrow.
A full House vote for H562, the “Second Amendment Affirmation Act,” is scheduled for tomorrow, Tuesday, June 2nd . . .

This is encouraging news, but Michael Bloomberg’s paid anti-gun pressure groups have already announced that they will be slinking around the legislative buildings in an effort to pressure your representatives into ignoring the will of the people of North Carolina. That means:

WE NEED YOU!

Stand for Your Gun Rights on Tuesday

GRNC has been telling you about this 'Michael Bloomberg Doesn't Speak for Me' event. If you haven't already planned to be there, there has never been a better time to drop what you’re doing, and head to the Legislative Building, in Raleigh, to stand for what's right!

Tomorrow morning (Tuesday), please join other GRNC supporters, and call on your representatives to do the right thing. Bring family, bring friends. Bring anyone who cares about the future of gun rights in North Carolina.
I posted details on the event yesterday. You can find all the details here.

If the House does indeed vote to pass HB 562 tomorrow - and they should - that would be a good repudiation of Bloomberg's money.