Curious about the NC Constitution...CCW not allowed?

[JoseM]

Sec. 30. Militia and the right to bear arms.

A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed; and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power. Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.

This seems pretty clear that our state constitution forbids a CCW permit? Several states have this clause in the constitution. Anyone care to explain (note, I do have my CCW in NC...I was hoping that NC's constitution did not have the milita clause in it like the US 2nd amendment, but when I looked, I came across this footnote).

Just curious on your thoughts

 

[gc70]

As I read it, North Carolina's Constitution does not forbid CCW. Instead, the Constitution says that CCW is not a constitutionally-protected right. Since CCW is not a constitutionally-protected right, the legislature may allow or prohibit CCW as it see fit.

 

[benEzra]

No, all that means is that the RKBA in the NC Constitution is not to be interpreted as justifying the carrying of a concealed weapon without the person being authorized by the state to do so. It does not mean the legislature can't enact a statute that says people are allowed to carry.

We have CCW in NC (it's a shall-issue state) and have had it for a while.

 

[JoseM]

Yes, I know we have CCW...I have a CCW permit. But when I looked at the constitution I was wondering if the state passed a law that the constitution forbid. I definately don't like the wording of that!

Thanks for your interpretations.

 

[benEzra]

My bad, I didn't notice you were in NC! (I'm a couple hours east of you.)