North Carolina: "Senate committee moves bill on N.C. concealed handgun reciprocity"

[cuchulainn]

from the Charlotte Observer

http://www.charlotte.com/mld/observer/news/local/5384330.htm

Senate committee moves bill on N.C. concealed handgun reciprocity
SCOTT MOONEYHAM
Associated Press

RALEIGH, N.C. - A proposal that would allow North Carolina to honor other states' handgun conceal-and-carry permits was recommended for approval by a Senate committee Thursday.

After similar legislation passed the House but bogged down in the Senate twice in the past four years, the proposal now appears headed for a floor vote in that chamber.

"By having conceal-carry, the criminal can't really tell whether his (potential) victim is armed or not," said Sen. Hugh Webster, R-Alamance. "This protects not just me, but my mother, my wife. It protects all of us."

North Carolina adopted its concealed handgun law in 1995. It requires people who want to carry a concealed handgun to receive a permit, undergo a background check and complete a firearms safety course.

Unlike roughly two dozen other states, North Carolina does not recognize permits issued in other states. Nine states recognize the concealed handgun permits issued in North Carolina even though the state does not honor their permits.

The bill approved by the Senate Judiciary II Committee would only allow reciprocal agreements recognizing other state's permits if they also put stringent requirements on permit holders. The state Attorney General would determine which other states qualify.

Gun rights advocates in North Carolina want the change so that more states will provide reciprocal agreements to honor permits issued here.

"As it stands now, a North Carolinian who works in South Carolina - if he chooses to carry a concealed firearm into South Carolina, he becomes a criminal," said Paul Valone II, president of Grass Roots North Carolina.

But Sen. Ellie Kinnaird, D-Orange, said gun rights advocates don't want to accept any other reasonable limits on firearms in exchange for the reciprocity agreements.

Kinnaird tried unsuccessfully to amend the bill to require gun show operators to obtain permits from county sheriffs. Under her proposal, permits would have to include information about vendors, including whether they are federally licensed gun dealers.

Similar bills to require gun show permits have failed in the past.

"I don't have any problem with reciprocity. I understand the desire for reciprocity," Kinnaird said. "But there were not the protections there for women and children and young men from the proliferation of guns sold at gun shows and flea markets."

Kinnaird pointed to statistics from the U.S. Justice Department which show that gun shows and flea markets are the second leading source for illegally sold guns.

But Valone said gun control advocates want other restrictions because their fears about conceal-carry laws have proven unfounded.

"The fact is all the Wild West scenarios envision by handgun control (advocates) have not come to pass," he said.

 

[Blackhawk]

But Sen. Ellie Kinnaird, D-Orange, said gun rights advocates don't want to accept any other reasonable limits on firearms in exchange for the reciprocity agreements.

"Reasonable limits" is grabber-speak for for "give us an inch while we take a mile."

Good for the committee, and now the NC Senate...!

 

[Waitone]

I just heard a radio news report which said the committee is going to recommend implementation of a reciprocity agreement with other states.

Then we can start on peaceable journey laws,

Kinnaird pointed to statistics from the U.S. Justice Department which show that gun shows and flea markets are the second leading source for illegally sold guns.

Is this fact? Never heard it before.

 

[Monkeyleg]

"Kinnaird pointed to statistics from the U.S. Justice Department which show that gun shows and flea markets are the second leading source for illegally sold guns."

The last study I recall (BATF?) showed that less than 1% of criminals get their guns from gun shows or flea markets.

Keeping my fingers crossed for you North Carolinans.

 

[DMK]

SB33 passed Commitee

http://www.thehighroad.org/showthread.php?s=&threadid=12651

 

[Zander]

This is great news. Before long, there won't be an adjoining state to us, the Free Republic of Tennessee, that doesn't offer reciprocity. Give us a little while longer to get the minor problems worked out with Alabama and the South will be a solid block!

 

[DMK]

Give us a little while longer to get the minor problems worked out with Alabama and the South will be a solid block!

That would be great. NC was a pretty stubborn holdout. I'm very glad there is some movement towards relaxing the paranoia a bit. NC still has a long way to go before they even get the the level of "common sense" CCW laws though.

 

[Drizzt]

The Associated Press State & Local Wire

March 19, 2003, Wednesday, BC cycle

SECTION: State and Regional

LENGTH: 318 words

HEADLINE: N.C. Senate adopts concealed handgun reciprocity

DATELINE: RALEIGH, N.C.

BODY:
North Carolina may soon honor other state's permits to carry concealed handguns following a favorable vote Wednesday in the state Senate.

The Senate voted 46-3 in favor of a bill that would allow the North Carolina Attorney General to approve reciprocal agreements with other states to honor conceal-and-carry permits.

Similar legislation has been approved in the House before but bogged down in the Senate after amendments were attached requiring more regulation of gun shows.

This year's Senate version contains no such amendments, although Sen. Ellie Kinnaird, D-Orange, tried unsuccessfully in committee to attach the provisions to the bill.

"I thought that was a responsible balance, and I'm very disappointed that this body didn't see this as a responsible balance," Kinnaird told her colleagues.

But Sen. Stan Bingham, R-Davidson, pointed out that purchasers at gun shows must have a valid North Carolina gun permit before purchasing a handgun.

Another dissenter, Sen. Wib Gulley, D-Durham, said he was troubled because the legislation will not require the exact permitting standards as North Carolina law.

The bill does require other states to have similar permitting standards before the state attorney general can approve a reciprocal agreement.

North Carolina adopted its concealed handgun law in 1995. It requires people who want to carry a concealed handgun to receive a permit, undergo a background check and complete a firearms safety course.

Sen. Scott Thomas, D-Craven, said requiring the exact criteria would be impractical because conceal-carry laws vary from state to state.

Unlike roughly two dozen other states, North Carolina does not recognize permits issued in other states. Nine states recognize the concealed handgun permits issued in North Carolina even though the state does not honor their permits.

The bill now goes to the House for consideration.

 

[Greg L]

Cool,

I may be down there in May so hopefully they get a move on and get it done.

Greg

 

[Gray Peterson]

The Senate passed bill...

Totally sucks. I read it, and it's unreasonably high amount of standards for reciprocity, like South Carolina.

Utah *might* meet it's standard. But I don't know about anyone else.

 

[DMK]

GRNC Update 3-20-03:
Reciprocity Passes Senate!

SB 33: "Concealed Handgun Reciprocity" passed through the North Carolina Senate yesterday in an overwhelming 46-2 vote. The bill now heads for the NC House for an assignment to one of the House's four judiciary committees.

As noted in previous alerts, a committee substitute negotiated by NRA lobbyists with the Attorney General's office weakened the bill by giving the AG "conclusive" authority over which states meet training and background requirments for reciprocal agreements. Nonetheless, the fact that it passed through the Senate for the first time in three sessions bodes well for the bill Please contact your Senator and express thanks.

GRNC will work on flaws in the House. Please monitor upcoming alerts for required action.

Grass Roots North Carolina, P.O. Box 10684, Raleigh, NC 27605
919-664-8565, www.grnc.org GRNC Alert Hotline: (919) 562-4137

 

[Waitone]

http://www.ncga.state.nc.us/html2003/bills/allversions/senate/s33v2.html

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
S 2
SENATE BILL 33
Judiciary II Committee Substitute Adopted 3/18/03



Short Title: Concealed Handgun Reciprocity. (Public)
Sponsors:
Referred to:
February 13, 2003

A BILL TO BE ENTITLED
AN ACT TO PROVIDE RECIPROCAL CONCEALED HANDGUN RIGHTS TO
CONCEALED HANDGUN PERMIT HOLDERS OF OTHER STATES.
The General Assembly of North Carolina enacts:
SECTION 1. Article 54B of Chapter 14 of the
General Statutes is amended by adding a new section to read:
"§ 14-415.24. Reciprocity; out-of-state handgun
permits.
(a) A valid concealed handgun permit or
license issued by another state is valid in North Carolina if
that state both:
(1) Grants permits under the following or
more stringent requirements:
a. An applicant must be a citizen of the
United States;
b. An applicant must be 21 years of age
or older;
c. An applicant must complete a firearms
safety and training course that includes the
actual firing of a handgun;
d. The permit granting authority
undertakes some background check as to an
applicant's mental health or mental
capacity;
e. The applicant is eligible to own or
receive a firearm under federal law;
f. The applicant has not been adjudicated
guilty in any court of a felony; and
g. The applicant has not been adjudicated
guilty in any court of a misdemeanor offense
that constitutes a crime of violence.
(2) Grants the same right to residents of
North Carolina who have valid concealed handgun
permits issued pursuant to this Article in their
possession while carrying concealed weapons in that
state.
(b) The Attorney General shall determine which
states meet the requirements of this section, maintain a
registry of such states on the North Carolina Criminal
Information Network, and make the registry available to law
enforcement officers for investigative purposes. The Attorney
General's determination whether a state meets the requirements
of this section shall be conclusive. If the Attorney General
determines that another state's laws fail to meet the
requirements of G.S. 14-415.24(a), the Attorney General shall
submit a report within 30 days to the Joint Legislative
Commission on Governmental Operations specifying the criteria
under which the determination was made.
(c) The provisions of G.S. 14-415.11(a) and (c)
apply to a nonresident whose concealed handgun permit or license
from another state is honored by North Carolina in accordance
with the reciprocity provisions of this section. The Department
of Justice shall post on its web site or shall otherwise make
available information regarding the laws of self-defense in
North Carolina and the requirements of G.S. 14-415.11(a) and
(c).
(d) Every 12 months after the effective date of
this subsection, the Department of Justice shall make written
inquiry of the concealed handgun permitting authorities in each
other state as to: (i) whether a North Carolina resident may
carry a concealed handgun in their state based upon having a
valid North Carolina concealed handgun permit, and (ii) whether
a North Carolina resident may apply for a concealed handgun
permit in that state based upon having a valid North Carolina
concealed handgun permit. The Department of Justice shall
attempt to secure from each state permission for North Carolina
residents who hold a valid North Carolina concealed handgun
permit to carry a concealed handgun in that state, either on the
basis of the North Carolina permit or on the basis that the
North Carolina permit is sufficient to permit the issuance of a
similar license or permit by the other state."
SECTION 2. G.S. 14-269(a1) reads as rewritten:
"(a1) It shall be unlawful for any person willfully and
intentionally to carry concealed about his person any pistol or
gun except in the following circumstances:
(1) The person is on the person's own premises.
(2) The deadly weapon is a handgun, and the person has
a concealed handgun permit issued in accordance
with Article 54B of this Chapter.
Chapter or considered valid under G.S.
14-415.24."
SECTION 3. G.S. 14-415.24(b), as enacted by this
act, is effective when this act becomes law. The Attorney
General shall implement G.S. 14-415.24(b), as enacted by Section
1 of this act, within 60 days after this act becomes law. The
remainder of this act becomes effective 60 days after this act
becomes law.