Category Archives: Laws of NC that need to change

The first law falls

On my list of Laws of NC that need to change, I have listed 14 laws that I think are in desperate need of repeal. Well today, Bev Perdue has signed the bill that repeals the first of those 14 laws.
It’s a small start, but a great first step in making North Carolina a free state again.

Laws of North Carolina that need to change, Part 13 – Redistricting

As you may be aware, the NC General Assembly turned over from Democrats controlling both houses to the Republicans controlling both houses. This means that following the Census the Republican have a chance to Gerrymander the absolute hell out of this state so that they can entrench themselves just as thoroughly as the Democrats have since the end of Reconstruction. I hope that they don’t fall prey to that temptation.

According to Carolina Politics Online, one of the upcoming big wheels in the NCGA, Representative Paul Stam, had been pushing for an independent commission to do redistricting. Now that he’s going to be in the majority, will he be consistent and pass this law?

Look at this ridiculous map! (Click on the map for more horrible detail!)

 

Can you say Gerrymander? I knew you could. What the heck is up with House District 12? I thought House District 2, where I live, is a mess.

Politicians have proved over time to be better conservators of their re-election hopes than of the fairness of elections. Maybe we should give independent commissions a try. Please contact Representative Stam and urge him to be consistent and push this plan. Consistency on this issue will work to his favor when the Republicans need other things pushed past the Democrat Governor.

Laws of North Carolina that need to change, Part 12 – No guns in State Parks (UPDATE 12-01-11 REPEALED!)

 
UPDATE: 12-01-11 Repealed!
HB650 repeals this part of NC Law. Rejoice! Now you are not required to be an easy target just because you want to take your children to a State Park.



In North Carolina, parks and recreation areas are considered victim disarmament zones.


(a)  No person except authorized park employees, their agents, or contractors, or officers of the state shall carry or possess firearms, airguns, bows and arrows, sling shots, or lethal missiles of any kind within any park.

I guess you get to choose. Do you like nature? Or your life? Unless you are hunting, leave your gun at home. I guess North Carolina thinks shooting a deer is fine but shooting a rapist and murderer is not allowed. Here’s a helpful list of places you should avoid with your lawfully carried firearm.

Laws of North Carolina that need to change, Part 11 – No Crossbows without a permit (UPDATE: 5-9-11 REPEALED!)

Did you know that North Carolina requires you to have the same permit to buy a crossbow as to buy a pistol?

(a)        It is unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any pistol or crossbow unless: (i) a license or permit is first obtained under this Article by the purchaser or receiver from the sheriff of the county in which the purchaser or receiver resides; or (ii) a valid North Carolina concealed handgun permit is held under Article 54B of this Chapter by the purchaser or receiver who must be a resident of the State at the time of the purchase.

Given the cost of a crossbow, maybe they were trying to encourage the purchase of a pistol instead.

Laws of North Carolina that need to change, Part 10 – A real Pre-emption Law

UPDATE: 12-01-11 partial improvement
HB650 limits localities ability to ban firearms in parks to certain areas, including playgrounds, athletic fields, athletic facilities, and pools. It also requires localities to allow carriers to lock weapons in personal vehicles in parking lots.
It’s not perfect, but it is a slight improvement. We will have to seek more next year.

This is a partial text of NC’s Pre-emption law. 


(a)        It is declared by the General Assembly that the regulation of firearms is properly an issue of general, statewide concern, and that the entire field of regulation of firearms is preempted from regulation by local governments except as provided by this section.
(e)        A county or municipality may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with that local unit of government.
(f)         Nothing contained in this section prohibits municipalities or counties from application of their authority under G.S. 153A129, 160A189, 14269, 14269.2, 14269.3, 14269.4, 14277.2, 14415.11, 14415.23, including prohibiting the possession of firearms in publicowned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas, except nothing in this subsection shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas. Nothing contained in this section prohibits municipalities or counties from exercising powers provided by law in declared states of emergency under Article 36A of this Chapter.

North Carolina’s preemption law is weak in two areas. First it allows localities to regulate the carry of firearms by their employees. I don’t believe a government should be permitted to make disarmament a condition of employment. Secondly, it allows local governments to turn their buildings, grounds, and parks into victim disarmament zones.


Laws of North Carolina that need to change, Part 9 – Concealed Knives

Did you know that under North Carolina law, a person who carries concealed about his person any knife except an “ordinary pocketknife” is commits a Class 2 misdemeanor even if he has a concealed handgun permit?
(a)        It shall be unlawful for any person willfully and intentionally to carry concealed about his person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind, except when the person is on the person’s own premises.
(b1)      It is a defense to a prosecution under this section that:
(1)        The weapon was not a firearm;
(2)        The defendant was engaged in, or on the way to or from, an activity in which he legitimately used the weapon;
(3)        The defendant possessed the weapon for that legitimate use; and
(4)        The defendant did not use or attempt to use the weapon for an illegal purpose. The burden of proving this defense is on the defendant.
(c)        Any person violating the provisions of subsection (a) of this section shall be guilty of a Class 2 misdemeanor. Any person violating the provisions of subsection (a1) of this section shall be guilty of a Class 2 misdemeanor for the first offense. A second or subsequent offense is punishable as a Class I felony.
(d)        This section does not apply to an ordinary pocket knife carried in a closed position. As used in this section, “ordinary pocket knife” means a small knife, designed for carrying in a pocket or purse, that has its cutting edge and point entirely enclosed by its handle, and that may not be opened by a throwing, explosive, or spring action

So if I carry a gun concealed with my license, I’m ok. If I carry a knife concealed to use as a retention device, I get snatched up by the police. Does this make any sense? Maybe we should just jettison this whole law and let people decide to carry openly or concealed without bothering them.

Laws of North Carolina that need to change, Part 8 – Larceny of pine straw

Conviction of a felony results in a permanent bar to ownership of a firearm. What things in North Carolina will get you charged with a felony?
If any person shall take and carry away, or shall aid in taking or carrying away, any pine needles or pine straw being produced on the land of another person upon which land notices, signs, or posters prohibiting the raking or removal of pine needles or pine straw have been placed in accordance with the provisions of G.S. 14159.7, or upon which posted notices have been placed in accordance with the provisions of G.S. 14159.7, with the intent to steal the pine needles or pine straw, that person shall be guilty of a Class H felony. (1997443, s. 19.25(aa).)

(a)        Larceny of horses, mules, swine, or cattle is a Class H felony.
(a1)      Larceny of a dog is a Class I felony.

If any person shall willfully sign, or cause to be signed, or willfully assent to the signing of the name of any person without his consent, or of any deceased or fictitious person, to any petition or recommendation with the intent of procuring any commutation of sentence, pardon or reprieve of any person convicted of any crime or offense, or for the purpose of procuring such pardon, reprieve or commutation to be refused or delayed by any public officer, or with the intent of procuring from any person whatsoever, either for himself or another, any appointment to office, or to any position of honor or trust, or with the intent to influence the official action of any public officer in the management, conduct or decision of any matter affecting the public, he shall be punished as a Class I felon; and if any person shall willfully use any such paper for any of the purposes or intents above recited, knowing that any part of the signatures to such petition or recommendation has been signed thereto without the consent of the alleged signers, or that names of any dead or fictitious persons are signed thereto, he shall be guilty of a felony, and shall be punished in like manner. (1883, c. 275; Code, s. 1034; Rev., s. 3426; C.S., s. 4297; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14.)

If any person shall commit the crime against nature, with mankind or beast, he shall be punished as a Class I felon.

If any person, being married, shall marry any other person during the life of the former husband or wife, every such offender, and every person counseling, aiding or abetting such offender, shall be punished as a Class I felon.

If any person shall bribe or offer to bribe or shall aid, advise, or abet in any way another in such bribe or offer to bribe, any player or participant in any athletic contest with intent to influence his play, action, or conduct and for the purpose of inducing the player or participant to lose or try to lose or cause to be lost any athletic contest or to limit or try to limit the margin of victory or defeat in such contest; or if any person shall bribe or offer to bribe or shall aid, advise, or abet in any way another in such bribe or offer to bribe, any referee, umpire, manager, coach, or any other official or an athletic club or team, league, association, institution or conference, by whatever name called connected with said athletic contest with intent to influence his decision or bias his opinion or judgment for the purpose of losing or trying to lose or causing to be lost said athletic contest or of limiting or trying to limit the margin of victory or defeat in such contest, such person shall be punished as a Class I felon

If any player or participant in any athletic contest shall accept, or agree to accept, a bribe given for the purpose of inducing the player or participant to lose or try to lose or cause to be lost or limit or try to limit the margin of victory or defeat in such contest; or if any referee, umpire, manager, coach, or any other official of an athletic club, team, league, association, institution, or conference connected with an athletic contest shall accept or agree to accept a bribe given with the intent to influence his decision or bias his opinion or judgment and for the purpose of losing or trying to lose or causing to be lost said athletic contest or of limiting or trying to limit the margin of victory or defeat in such contest, such person shall be punished as a Class I felon.

 (b)        Felony Offense. – Any person who knowingly operates or attempts to operate an audiovisual recording device in a motion picture theater to transmit, record, or otherwise make a copy of a motion picture, or any part thereof, without the written consent of the motion picture theater owner shall be guilty of a felony, punishable as provided in subsection (c) of this section.
(c)        Penalty. – A violation of subsection (b) of this section is punishable as follows:
(1)        Unless the conduct is covered under some other provision of law providing greater punishment, any person convicted of a violation of subsection (b) of this section is guilty of:
a.         A Class I felony, if the violation is a first offense under this section, with a minimum fine of two thousand five hundred dollars ($2,500).
b.         A Class I felony, if the violation is a second or subsequent offense under this section, with a minimum fine of five thousand dollars ($5,000).

I didn’t see any definition of “Crime Against Nature.”

The best part about all these crimes that will get you barred from possessing a firearm for life. Theft of pine straw and theft of horses, mules, swine, or cattle are considered the worst of these. They are Class H felonies. The rest are Class I. The guy who steals pine straw will get a worse punishment that the guy who steals your dog .

Laws of North Carolina that need to change, Part 7 – Weapons at Parades

So you’re walking down the street and you see a parade, so you stop to watch. A cop notices that you have a gun. Class 1 misdemeanor

(a)        It shall be unlawful for any person participating in, affiliated with, or present as a spectator at any parade, funeral procession, picket line, or demonstration upon any private health care facility or upon any public place owned or under the control of the State or any of its political subdivisions to willfully or intentionally possess or have immediate access to any dangerous weapon. Violation of this subsection shall be a Class 1 misdemeanor. It shall be presumed that any rifle or gun carried on a rack in a pickup truck at a holiday parade or in a funeral procession does not violate the terms of this act.

This probably also means that if you and 6 friends meet in the local city park and have an open carry meeting, the cops can claim you are having a “demonstration” and round you all up. I guess in North Carolina you are allowed your 1st Amendment or your 2nd. You get to choose.

Laws of North Carolina that need to change, Part 6 – Carrying of weapons into assemblies

According to North Carolina Law,

(a)            It shall be unlawful for any person to carry any gun, rifle, or pistol into any assembly where a fee has been charged for admission thereto, or into any establishment in which alcoholic beverages are sold and consumed.  Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

So it looks like it is illegal to carry a concealed firearm into a movie theater. Does that make sense?

Laws of North Carolina that need to change, Part 5 – Purchase Permits

To purchase a pistol in the State of North Carolina you must seek permission from your County Sheriff. Here in Wake County it would cost you $5 per permit (limit 5 permits per application), and the Sheriff has 7 working days to complete his paperwork and give the permit to you. You must appear in person Monday through Friday, 8:30 AM to 5PM, to fill out the paperwork. If and when you are approved, you must return and pick up the permits during normal business hours. Permits are valid for 5 years from the date of issue. Assuming you have a valid NC Concealed Handgun Permit, you don’t need the permit to purchase.

There doesn’t appear to be much discretion on the part of the Sheriff. If you meet the rules laid down, you get the permit. In the event of denial, you get to appeal to once directly to the Sheriff, and if that fails, to the Chief District Judge for Wake County.

I imagine that this system made a certain amount of sense in a time when national instant checks were not available, and it was difficult to tell for sure if the guy you were about to sell a pistol to was a felon or not. Nowadays though, there is no reason to force a person to take time off from work twice to hoof it in to the County Sheriff’s office to beg official permission to purchase a pistol. It is also an annoying and unnecessary requirement that you wait 7 working days for you answer. This amounts to a waiting period. You could, of course, get your permit ahead of time and wander around for the next five years with it in your pocket. I think that this is probably not how things happen. Most people decide to buy a gun and only then find out what paperwork drills the State has in store for them. It’s time to drop this requirement entirely. Let’s just have the gun store just call the NICS hotline, get an answer, and sell you the pistol.