U.S.A. –-(AmmoLand.com)- Legislation being considered by North Carolina’s lawmakers would end the state’s Jim Crow era pistol purchase permit requirement.
Senate Bill 40, if signed into law, will allow North Carolinians to further exercise their Second Amendment rights and purchase a handgun without first needing a purchase permit issued by the sheriff. Once the purchase permit system is repealed, background checks will be done at the time and point of sale rather than up to five years prior.
Grass Roots North Carolina (GRNC), an all-volunteer, nonprofit organization that advocates for Second Amendment protections, has been working with lawmakers to make this legislation possible.
The right to self-defense is a fundamental civil right. Under the pistol purchase permit system, a sheriff may deny an application by invoking a subjective ‘good moral character’ requirement which has been used even in recent years to deny minorities their rights. GRNC has had to file three lawsuits over unlawful attempts by certain urban sheriffs to obstruct the issuance of permits. We have seen examples of how the current system can be abused by those in positions of authority, and its time we repeal the mechanisms that have allowed some to infringe upon the rights of North Carolinians, said GRNC President Paul Valone.
Under the present system, sheriffs issue permits which are untraceable slips of paper good for up to five years. Because the permits allow handgun buyers to circumnavigate the computerized National Instant Background Check System, it is possible for someone to get a permit, commit a disqualifying crime, and then use the permit to bypass a background check. Repealing the system will result in background checks being done at the time of sale.
About Grass Roots North Carolina
Founded in 1994, Grass Roots North Carolina is an all-volunteer 501(c)(4) nonprofit organization dedicated to preserving individual liberties guaranteed by the U.S. Constitution and Bill of Rights with emphasis on the Second Amendment right to keep and bear arms.
A good first step, another good first step would be to eliminate the FOID in ILL:
“…Repealing the system will result in background checks being done at the time of sale …”
Doesn’t mention what will happen to the current ability of NC CHP holders presenting their CHP at time of sale and NOT having a NICS performed.
Anyone got the Bill’s text available?
Not much to it. Just repealing a bunch of N.C. law.
https://www.ncleg.gov/BillLookUp/2023/S40
I am not familiar with the background check process here, but scanning through the laws listed in the link above it seems that it takes the Sheriff of the county in which the permittee lives out of the loop for pistol purchases (thus background check), a law concerning safe storage of the weapon, and some mental health law. It looks like the sheriff also was needed for the gifting or any transfer of a pistol to occur. Sounds like it would be a good thing to do.
HLB
SB 40 has no impact on concealed handgun permits or the use of concealed handgun permits to bypass NICS. It merely repeals the purchase permit law, meaning that if you do not have a CHP, your background check from an FFL will be done via NICS at the point of sale.
Not wrong, many states including Texas a CCW/LTC holder completely bypasses NICS. You present your LTC, fill out 4473, pay and leave. It’s another “do nothing” law in N.C.
Do You Need a Background Check to Buy a Handgun in Texas?
https://onlinetexasltc.com/background-checks-for-texas-handgun-purchases/
So, you are saying that the laws being repealed by this legislation are “do nothing” laws? If so, I agree.
HLB
Yeah, but what TEXAS RESIDENTS with say a Florida LTC WEAPONS AND FIREARMS, UTAH is another great LTC with expanded reciprocity and all the other states do NOT allow is a LTC holder with RECIPROCITY with Texas to do the very same thing, THAT needs to be changed as well!
And again, how does that affect sale and transfer of a handgun by NON-FFL holders and their ability to do “due diligence” when selling to or transferring to a person who is not a CCP holder? Does that then eliminate ALL private sales/transfers of handguns in the state of NC? I don’t want to have to go to an FFL Holder when I want to conduct a “Private” sale between myself and a neighbor for instance. I do want to insure that at least a cursory check has been done and a Purchase Permit for non-CCP holders is that. Plus,… Read more »
I am hoping they are establishing the fundamentals and then will later amend the CHL/OTC purchase process. I would rather see a suit whereas CLASS III Dealers selling NFA items can do so Over The Counter as THEY ARE LICENSED to sell, transfer and in some cases are Class 7’s where they can manufacturer right on the spot. THAT is WHY CLASS III are licensed in the first place! Not to have them simply submit the digitals to the feds so the feds can sit on the items for 8-12 months or longer DOING THE SAME DAMN BACKGROUND CHECKS!
Only if they can override Roy Cooper’s coming veto of it (formerly “A” rated by the NRA Democrat Roy Cooper)
Which is precisely why, in the last elections, GRNC was a central part of electing a veto-proof super-majority in the Senate, and only one seat shy in the House, both of which greatly increase the odds of over-riding Cooper’s inevitable veto.
Paul, have you all presented an option for private citizen sales? Not everyone wanting to buy a handgun from a private citizen has a Concealed Carry License. I have sold handguns in the past and attached the Purchase Permit to the bill of sale I produced to prove I attempted Due Diligence if I did not know the person I was selling to. ( In the event the gun was recovered at a crime scene and traced back to me as the last person having filled out an ATF form.)The seller has no way of accessing the FBI check system… Read more »
Yep, hopefully we’ll override, otherwise, we’re going to have to wait for Governor Mark Robinson.
Only one problem with this – and I am a GRNC member…NC Statutes require due diligence for private handgun sales. In other words, a person wanting to purchase a handgun from Mr Private Citizen, ie: Me, needs to present something showing they are not currently under court order, does not have an existing warrant, are not a convicted felon etc.. Now, how is that information accessed by Mr Private Citizen, ie: Me? Well, the person wanting to buy that FN Five Seven I have for sale needs to show me their current CCH license OR a Sheriff’s issued purchase permit.… Read more »
This does not meet historical weapons transfer standards. You just need to not be knowingly facilitating a crime.
HLB
I wasn’t referring to “historical weapons transfers” but private sale of a handgun by a NC resident (non-FFL holder) to another NC resident, a Non-CCP holder. Without conducting that sale/transfer in the presence of a FFL holder at a retail location, how else can the seller verify the good standing of the buyer if that buyer is NOT a Concealed Carry Permit holder? The seller does not have access to the FBI NICS system and the buyer doesn’t have any way to “prove” they are permitted to possess said handgun. In the past, if I was asked to sell a… Read more »