Institute for Legal, Legislative and Educational Action
On March 29, 2023, the North Carolina legislature voted to override the veto of Democrat North Carolina Governor Roy Cooper. In the Senate, as expected, the vote was 30 to 19, with 30 Republicans voting to override the veto of the Jim Crow era pistol permit law, 19 Democrats voting against the bill, and one Democrat not voting with an excused absence.
In the House, there are 71 Republicans and 49 Democrats. 3/5 of the vote is required to override a veto. If all members voted, 72 votes would be required. In this case, three Democrats were excused from voting, so only 71 votes were required for the veto override. All Republicans were present. All 71 Republicans voted to override Governor Cooper’s veto.
The requirement to obtain a permit to purchase or transfer a pistol was passed in 1919 during a resurgence of the Ku Klux Klan in the United States. Democrat Woodrow Wilson, an avid racist, was elected president of the United States with significant Klan support. President Woodrow Wilson segregated the federal civil service, which had been integrated before his election.
In addition to removing the Jim Crow era requirement for a sheriff to issue a permit to purchase a pistol, SB 41 removes the ban on carrying a concealed handgun in a place of worship which is also educational property. It authorizes concealed carry for certain law enforcement facility employees. It creates a statewide safe firearms storage educational initiative.
SB 41 aligns state law on handguns with the existing law on long guns, rifles and shotguns. Purchasing a rifle or shotgun from a private party in North Carolina does not require any special permit. Purchasing a long gun from a federal dealer in North Carolina requires the same process as in most of the rest of the United States. A National Instant Background Check System check, run by the FBI, is required for most purchases.
When a NICS check has already been done to obtain a carry permit, firearms may be purchased without a federal dealer conducting another NICS check. Twenty-five states currently have permit systems that the ATF considers adequate to be used for firearms purchases without conducting another NICS check. The North Carolina Concealed Handgun permits qualify for purchases through federally licensed firearms dealers without another NICS check.
Grass Roots North Carolina (GRNC) deserves considerable credit for this reform of firearms law in North Carolina. Paul Valone, President of GRNC, predicted the North Carolina legislature would be able to find the votes necessary to override Governor (D) Cooper’s veto.
The North Carolina vote is a continuation of the removal of Jim Crow-era restrictions designed to prevent black people from exercising their right to keep and bear arms, guaranteed by the Second Amendment of the Constitution of the United States. Significant progress has occurred in the former Confederate States.
Arkansas passed Constitutional Carry in 2013. Missouri and Mississippi passed Constitutional Carry in 2016, and Kentucky passed Constitutional Carry in 2019. Texas and Tennessee passed Constitutional carry in 2021. Alabama and Georgia passed Constitutional Carry in 2022. Florida passed its version of permitless carry this past week, and South Carolina is considering Constitutional Carry in 2023.
The South has become a bastion of limited government and upholding the Constitution against the Progressive administrative state.
Governor (D) Roy Cooper of North Carolina is not up for re-election until 2024. He was elected in the presidential election year of 2020. It may be one of the reasons he was willing to veto SB41 this year.
Lt. Governor Mark Robinson was elected as a Second Amendment superstar. He is expected to announce he will be running for Governor of North Carolina in 2024.