On March 24, 2023, Governor Roy Cooper (D) of North Carolina vetoed SB 41, which would remove the Jim Crow era requirement to obtain permission from the Sheriff to purchase or transfer a pistol in the state. Federal background checks would still be required. Governor Cooper vetoed a similar measure in 2021.
Critics of the law have claimed it was used as a means of discrimination to keep black people disarmed.
The bill, SB 41, passed with veto-proof majorities in the House and in the Senate.
The Senate has 50 members. 30 of them are Republicans.
In the House, there are 120 members. 71 of them are Republicans.
In North Carolina, 3/5 of each chamber is necessary to override a governor’s veto. That is 30 votes in the Senate and 72 votes in the House. Therefore one Democratic vote is needed in the House to override the Governor Roy Cooper’s desire to keep the Jim Crow era law in place. Commercial sales of firearms would still be required to be conducted through federally licensed dealers using the FBI National Instant background Check System (NICS).
The passage of the bill would remove the ability of Sheriffs to delay or deny the sale of pistols. It would also remove some restrictions on the carry of concealed handguns in churches and create a “firearms safe storage” educational initiative.
Here is an overview of the law from the North Carolina legislature:
OVERVIEW: Senate Bill 41 would:
•Authorize an individual who has a valid concealed handgun permit, or who is exempt from obtaining that permit, to carry a handgun in a place of religious worship that is also educational property if:
o The property is not owned by a local board of education or county commission.
o The property is not a public or private institution of higher education.
o The property is not posted with a notice prohibiting carrying a concealed handgun on the premises.
o The handgun is only possessed and carried on the property outside of school operating hours.
•Authorize concealed carry for certain law enforcement facility employees.
•Repeal the requirement to obtain a pistol purchase permit from the sheriff prior to the purchase or transfer of a pistol.
•Create a statewide firearm safe storage awareness initiative to educate the public about safe firearm storage, to facilitate the distribution of gun locks, and to provide local communities with a toolkit to launch local firearm safe storage initiatives.
Some of those who wish for a disarmed society have lobbied against the bill. Governor (D) Cooper vetoed a similar measure, removing restrictions from churches, in 2021.
At this time, it is not clear when a veto override vote will be taken. The NC legislature passed a reform that allows veto override votes to be taken more quickly in February of 2023, last month.
Paul Valone is the President of Grass Roots North Carolina.
Paul Valone is well positioned to count votes of the North Carolina legislature. When this correspondent talked to him at the Shot Show in Las Vegas, he believed one or more of the Democratic legislators in the House could be convinced to override Governor (D) Roy Cooper’s veto.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
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