GRNC Alert 06-12-16: Pittman Continues Fight For Constitutional Carry

BEARING ARMS OUTSIDE THE HOME IN GRAVE DANGER

Bill becomes vital after leftist 9th Circuit decides against ‘bearing’ arms outside the home. . .

Second Amendment advocates suffered a setback yesterday when the full panel of the Ninth Circuit Court of Appeals in Peruta v. San Diego decided that California’s draconian restrictions on concealed carry – including demonstrating a “need” before being issued a permit – did not violate the Second Amendment.

Yes, the leftists of the Ninth Circuit are the most often overturned in the country. But with Antonin Scalia’s seat now vacant on the US Supreme Court, appealing the Peruta decision would likely end up with a 4-4- split, leaving a precedent-setting ruling in place.

Translated, short of a Supreme Court appointment of a conservative justice, states are now effectively free to pass laws restricting concealed carry. The problem is potentially acute in North Carolina because Section 30 of Article I of the North Carolina Constitution, in addition to essentially re-stating the Second Amendment, contains the following clause: “Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.”

Although a former (left wing) NC Supreme Court Justice once tried to claim that clause requires the legislature to restrict concealed carry (it does not), it does allow the legislature to do so.

The Solution

With GRNC support, Representative LARRY PITTMAN (R-Cabarrus, GRNC ****) just filed a “constitutional carry” bill for which he is recruiting sponsors. (The more sponsors he can get, the more likely it is that the bill will get a hearing.) Although not yet assigned a bill number, its title is “Gun Rights Amendment.”

Rep. Pittman introduced a similar bill (HB 1148) in 2015, but the bill died for lack of a committee hearing. Given the problem imposed on us by the leftists of the Ninth Circuit, the bill now becomes especially timely because it accomplishes the following:

• Removes the “…nothing herein shall justify the practice of carry concealed weapons…” language from the NC Constitution.
• Creates “constitutional” (permitless) concealed carry.
• Keeps the current concealed handgun permit system intact in order to afford citizens reciprocity with other states and to enable citizens to carry in more sensitive areas.

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