The Captain’s Journal – by Herschel Smith
Via David Codrea, N.C. Sheriffs on purchasing weapons:
The North Carolina Sheriffs’ Association (NCSA) is pressuring both House Speaker Thom Tillis(R, Mecklenburg, GRNC ****) and NC Governor Pat McCrory (R, GRNC-***) to oppose GRNC’s repeal of the antiquated pistol purchase permit system that has been in place since 1919. As part of omnibus gun bill HB 937, which contains restaurant and limited campus carry, the purchase permit law would be repealed IF the House votes to concur with Senate improvements to the bill and IF Gov. McCrory doesn’t veto it.
The purchase permit law slated for elimination through HB 937 was designed to grant discriminatory power to NC Sheriffs and enable them to subjectively deny handguns whoever they consider “undesirable.” To this day, several counties abuse the permit system in ways that make it difficult for law-abiding citizens to rightfully obtain handguns.
Ironically, as documented by The Charlotte Observer, the law sheriffs defend is letting untold numbers of felons bypass background checks to buy guns. Why? Because the untrackable slips of paper issued by sheriffs after background checks can’t be repealed and are good for 5 years. Eliminating the system would mean that checks using the National Instant Background Check System (NICS) would be done at the point of sale.
I don’t want to turn this conversation into one on open carry of firearms, but it’s relevant. I’ve discussed before that I openly carry a weapon from time to time, mostly when I am trying to avoid sweating my weapon and don’t want to carry IWB. The Charlotte-Mecklenburg Police respect that choice, and smile and wave when they see me.
But it isn’t like that everywhere. Even the CMPD has to be reminded of our rights.
Sean Sorrentino notes an instance where the 4th Circuit had to reprimand the Charlotte Police for using openly carrying a weapon as a reason to stop an individual, even someone who later turned out to have been guilty of a crime. Even worse, I know individuals who live around the Lake Norman / Huntersville area (North of Charlotte) who openly carry, and one particular individual has been stopped by both local and state police. Both times the law enforcement officer unholstered his weapon and pointed at my friend for doing nothing more than walking on the sidewalk.
Note to law enforcement in North Carolina. The answer above by the Charlotte-Mecklenburg Police (“not breaking any laws …”) is the right one. You cannot lawfully detain or arrest someone for openly carrying a weapon. It is legal in North Carolina, as North Carolina is a traditional open carry state. LEOs need to know and understand the law. If you continue to unholster and point your weapons at someone who is behaving legally, an innocent person will eventually be harmed or killed and you will be responsible for it. Don’t be ignorant. Be thinking men and women.
Isn’t it ironic that the only ones who want final say over who can carry a weapon are some of the very ones who will unholster their weapons and point them at law abiding citizens? I would be arrested and charged with brandishing a firearm, assault with a deadly weapon (assault can mean perceived intent), and a host of other things if I did that. But then again, I don’t get to argue in front of the court that I wanted to make sure that I “went home at the end of the day.” Only LEOs get to do that.
Local LEO approval of firearms purchases is a throwback to Jim Crow laws, plain and simple. Their approval does nothing that form 4473 doesn’t accomplish. And LEOs who point their weapons at law abiding open carriers should be prosecuted for crimes in court.
I live in NC. If you carry open, the Gestapo can arrest you for “going armed in terror of the people”. It is a court ruling, NOT law, that was made in 1843. But a 1899 ruling stated it was ok to open carry and the Courts skip over that ruling.