NC House Bill 650

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MikeNice

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Okay, it is a brighter day in NC. The state house has passed bill 650. A lot of things are going to get better for gun owners if the govenor signs it. At least that is what we are being told.

I tried reading through it and I understood some of it. A lot of it revises other laws. So, with out indepth knowledge of those laws I was pretty much lost. I am going to post what I know is getting better and hopefully others will clarify what other changes are coming.

Your CCH permit will be valid in state parks, rest areas, rest stops along highways, and state owned hunting and fishing reservations.

You can now buy long guns in other states.

The duty to retreat is gone if you have a legal right to be in a location.

Civil liability is gone if you are cleared in a defensive shooting.

Even if a local municipality passes an ordinance against carrying at a recreational facility you may secure your gun in the car while parked there.

The big change that gets rid of most of the gray areas,
The lawful occupant of a home, motor vehicle, or workplace is presumed to have held a reasonable fear of imminent death or serious bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or serious bodily harm to another if both of the following apply:
(1) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a home, motor vehicle, or workplace, or if that person had removed or was attempting to remove another against that person's will from the home, motor vehicle, or workplace.
(2) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

Here are the questions I had after reading the bill,

1. Is it now legal to carry in banks that aren't posted?

2. Are there any other new places open to carry?

3. Did this bill make it illegal for a citizen to own a machine gun in NC, but okay for banks and business?

4. What are some of the other big changes we should be happy about?
 
The way I read it on the NRA site was that you still had to lock the weapon in the car at state parks. I admit it was just a quick read thru, but I sure hope you are right.
 
Directly from the ratified bill:

(c1) Any person who has a concealed handgun permit may carry a concealed handgun on the grounds or waters of a park within the State Parks System as defined in G.S. 113-44.9.

It is on page 7 near the very bottom.

I am kind of bummed that they didn't repeal NC G.S 14-269.3. That is the law that says you can't carry to an assembly that charges admission or a place where alcohol is sold for consumption on premises. In othe words we still can not take our gun in to the movie theatre or most decent dining establishments.
 
Since I live in NC, I've been following this. A local somewhat anti-gun rag newspaper, the Winston-Salem Journal, has been putting an anti-gun slant to their news articles. They use terms like "some say" blab, blab, blab to try and scare people. I've tried to put up what concealed carry is all on their editorial page but haven't made it past the editors. They did, to give them a little bit of credit, put a few pro letters in their editorial page of a limited nature from gun rights people but the vast majority have been from reporters who imply shoot-outs like on TV.
 
IIRC, there was a bill that changed the alcohol provision. There might have been another bill.
 
There was a bill for alcohol. a bill to allow employees to secure their guns in their car at work, and a bill to allow people to secure their guns in their car at schools. All of them were shut down by the Republican leadership or voted down by Republicans.

So much for the idea that the Republicans are always the gun owners friend.
 
I wonder if they will ever get rid of that stupid "pistol permit" crap for buying a handgun?
It would certainly make me happier.
 
Get a CCW permit. You don't need an individual pistol permit to buy a handgun with one of these.

Nobody asked me, but if they did I would say if someone has a weapon in a restaurant serving booze the weapon holder MUST stick to sodas or coffee or the like. If someone is caught with a weapon on them, permitted or not, if they are drinking drop the jail on them. This is the kind of thing the Brady Bunch would love and would set back responsible ownership decades.

Another concern is permitting mental disease patients. I sympathize greatly with those who have a family member or with LE who have to deal with those with a mental disease like dementia or schizophrenia. To my knowledge, there is no background check in the permitting process for significant mental disease. Maybe some sort of psychiatrist sign off that a person is competent to have a concealed weapon, I don't know. My mom, now past, got real loopy as the years piled up. The pharmacist looked like a shoe salesman every time she came through the door. This was the era when patients were not happy unless they left the doctors office with a script. The grocery bag of meds didn't help her mental stability. Anyway, she could legally buy a pistol and bought a Ruger .22. After brandishing the thing around the neighborhood at stray dogs and a neighbor who was constantly tinkering with his drag race car, we as a family sneaked in a replaced it with a hammer. She had hammers everywhere after that. My point is there is not always a responsible family member to deal with pistol packin mammas. It is somewhat of an issue I'd like to see dealt with.
 
In NC there is no carrying with any alcohol or illegal drug in your system. That is an very serious infraction. They also check your medical and mental health records before issuing a CCH permit. They ask those supplying the records if there is any medical or mental condition that would make it dangerous for you to own a gun.

If you have ever been ajudicated mentally incompetent and that judgement still stands it is a violation of federal law for you to own a gun.
 
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According to the news guy on 101.1 FM Talk, the bill was signed Thursday. So, rejoice a little more freedom has been returned.

Next we need to push for them to okay restaraunts and places that charge admission. There is no need for a night out with the wife and kids to require disarming.
 
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Does this mean we can now legally carry (with a permit) in the Pisgah National Forests? From my understanding the National Forests (not to be confused with Nat Park) are under the same rules in any given state as the State Forests.
 
In NC there is no carrying with any alcohol or illegal drug in your system. That is an very serious infraction. They also check your medical and mental health records before issuing a CCH permit. They ask thos supplying the records if their is any medical of mental condition that would make it dangerous for you to own a gun.

If you have ever been ajudicated mentally incompetent and that judgement still stands it is a violation of federal law for you to own a gun.
I'm glad to get feedback about the mental thing but how can they check medical and mental health records? As of yet, there isn't a computerized system for medical records. Doctors are only now beginning to computerize charts and their programs are all different. NC has only recently been able to monitor prescriptions of controlled substances (opiates and benzos mostly) but not anti-psychotics.

We went through the mentally incompetent thing, or at least tried to. It is very, very hard to get the legal system to do this. Practically impossible on a long term basis as it requires a mandatory periodic review.

I suppose those who want to carry illegally will do so. Part of the reason to carry is for protection against those who do so illegally. Laws can only go so far in creating rules. At some point, we must be our brothers keeper and step in an keep weapons out of the hands of family and friends who may be mentally incapable. Get them a hammer.
 
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Any one that has been ajudicated mentally deficient or committed to a state run mental facility is actually in a database. For other mental and medical records they send a request to all hospitals in the metro area. Plus they can send request to hospitals in areas where you lived previously.

Not all medical records are available through a computer search. So, they still do the old paper request. NC is pretty thurough when it comes to CCH. For a regular permit they only check the state databases though, I believe.
 
Any one that has been ajudicated mentally deficient or committed to a state run mental facility is actually in a database. For other mental and medical records they send a request to all hospitals in the metro area. Plus they can send request to hospitals in areas where you lived previously.

Not all medical records are available through a computer search. So, they still do the old paper request. NC is pretty thurough when it comes to CCH. For a regular permit they only check the state databases though, I believe.
I think we are talking about different levels of mental illness. I'm not talking about those like Michael Hayes or someone in an obvious catatonic state but your typical schizophrenic. These are the people who are perfectly capable of functioning in society as long as they are taking their meds. Trouble with them is that they don't always take their meds. To them, the voices they hear and the delusions are real, as are the medication side effects. Depending on their family support structure, they may never have been adjucated. Sometimes, family may have had to appear before a magistrate to get emergency mental care for a few days but they rarely stay over a week. A judge has to determine, if after 48 hours, they can be kept even a week. They even have a court ordered attorney defending their right to remain free.

Mental health resources in NC are practically nonexistent. A standard Blue Cross type policy only has about $2,000.00 a year coverage. Even Obama Care has no provisions for mental illness.

A neighbor and close friend had a son who had schizo-effective disorder and ate a 20 gauge. It could have just as easily been someone else, depending on where the voices say point the gun.

LE may have the authority to contact hospitals but I suspect they don't, unless they have major suspicions. HIPPA laws would probably require more than just a casual form. I'd love to hear a from an officer of the law on this matter.

I have a CCW permit myself. The privilege is a good thing. There are just areas that the gun community as a whole needs to be cognizant of and support policing those who may not be responsible for their own actions.
 
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