New North Carolina Gun Law Proposals for 2021---

                                                                   

 

Each new year means law-abiding gun owners in North Carolina need to be on the lookout for the latest assault on the Second Amendment. You may have seen discussions about bills that could affect your gun and self-defence rights.

North Carolina Law Activity

North Carolinians were fortunate in 2020 since no new gun laws restricting their rights were passed. While there were some bills proposed in committee, none were even voted on. A favourable bill that would have expanded the right to carry a concealed handgun on educational property that is also a house of worship was passed by the legislature but vetoed by the Governor.

As for 2021, the new legislative session started on January 13. House Bill 86, which was introduced in the 2019-20 session, included provisions that would require permits to purchase any long guns and assault rifles (currently NC requires permits only for handguns); make it mandatory to report firearm thefts; and reduce our concealed carry reciprocity with other states. This bill did not even make it out of committee, but it may make another appearance in the legislature this year. In past years, legislation has been discussed on issues like “ghost guns” and red flag laws and may reappear as proposed legislation this year. While such discussions have not led to much support in the past (and this year may be no different), we need to be aware of the potential for North Carolina gun owners’ rights changes. However, most legislative efforts in 2021 will likely be geared toward dealing with the economic effects of the COVID-19 pandemic, so the good news is there probably won’t be any new legislation passed in North Carolina this year that infringes on your right to carry.

The picture from the federal government is less certain.

Federal Proposals on the Horizon

The 116th U.S. Congress proposed assault weapons bans, red flag orders, mandatory reporting of NICS denials to law enforcement, and countless other anti-2A legislation in the last session. All of these individual proposals were awful, but none were worse than the omnibus HR 5717 (Gun Violence Prevention and Community Safety Act of 2020), which would have incorporated the worst provisions of each of these proposals. If you want a preview of what anti-gun bills filed during the 117th Congress could look like, pay attention to HR 5717. The 117th Congress was sworn in on January 3, 2021, and their term ends on January 3, 2023. To learn about how federal law is made, check out The Legislative Process by the United States House of Representatives, and stay tuned. We are keeping a close watch for bills and resolutions that would affect Second Amendment rights.

For more information about 2021 legislation that could impact your rights as a law-abiding gun owner, contact U.S. LawShield and ask to speak to your Independent Program Attorney.

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The information provided in this publication is intended to provide general information to individuals and is not legal advice. The information included in this publication may not be quoted or referred to in any other publication without the prior written consent of U.S. LawShield, to be given or withheld at our discretion. The information is not a substitute for and does not replace the advice or representation of a licensed attorney. We strive to ensure the information included in this publication is accurate and current; however, no claim is made to the accuracy of the information, and we are not responsible for any consequences that may result from the use of information in this publication. The use of this publication does not create an attorney-client relationship between U.S. LawShield, any independent program attorney, and any individual.

Constitutional Carry & Your Rights -Will This Change How You Carry?

                                                               

 

What used to be a legal oddity confined to the tiny State of Vermont is now the law in more than a third of U.S. states, and another four states are looking to pass legislation this year. Constitutional carry is a growing trend that appears uncomplicated on the surface. No permit required for concealed carry should mean exactly that. But constitutional carry can also be a trap for the unprepared. Digging into the history, implementation, and current landscape of constitutional carry will help you avoid any potential pitfalls.

Readers who have applied for a license or permit to carry a concealed handgun or are familiar with the firearms laws of their state have likely come across the terms “shall issue,” “may issue,” and “constitutional carry.” These terms have particular—and important—legal implications.

What Are “Shall Issue” and “May Issue” Carry States?

Most states are “shall issue” states. This means that if an applicant satisfies the legal requirements and completes whatever training course may be required under state law, the state shall—or must—issue the applicant a permit or license to carry a handgun. Put simply, if an applicant ticks all the boxes as required by state law, the government authority in charge of licensing or permitting handgun owners who wish to carry in public is obligated to issue a license to the applicant.

“May issue” states means a state may issue a license or permit to carry to an applicant, but they do not have to do so. “May issue” states afford a certain amount of discretion to the permit-issuing authority (typically the state’s police or local sheriff’s department) to determine whether an applicant should receive a license or permit to carry concealed. For example, in California, a county sheriff may issue a license if, in addition to other legal requirements, the applicant demonstrates proof of “good moral character and good cause to carry a handgun.”

In a “may issue” state, even if you satisfy all legal requirements to obtain a license or permit to carry a handgun—completing the training course, paying the requisite fees, passing a background check, etc.—you’re still not guaranteed a license or permit to carry a handgun. Receiving a license or permit to carry is entirely up to the permit-issuing authority.

What Is Constitutional Carry?

“Constitutional carry” is a broad term applied to states that do not require a license or permit to carry a handgun. Originally called “Vermont carry” after the first state to enact permitless concealed carry, the name "constitutional carry" has caught on in recent years as a reference to the Constitution's Second Amendment. If your state is a constitutional carry state, you typically don’t have to worry about whether it is a “shall issue” or “may issue” state.

This surge in popularity has led many proponents of constitutional carry to point to the text of the Second Amendment of the U.S. Constitution as their “permit” or “license” to carry a handgun in public. It’s their position that every person who is not prohibited by law from legally owning a handgun should be free to carry it openly or concealed in every public place without fear of prosecution by the government for simply exercising their rights. The final phase of the Second Amendment truly sums up their beliefs when it comes to governmental oversight of handgun ownership and carrying as a right that “shall not be infringed.”

It’s important to note that even though constitutional carry states allow for permitless carry, restrictions such as age, location, and residency may still apply. Additionally, constitutional carry laws typically apply only to handguns. So, a constitutional carry state does not necessarily mean a non-prohibited person may openly carry any other weapons, including long guns, in public.

A Growing Trend?

When President Reagan was elected, there was only one constitutional carry state: Vermont. Now there are many more, along with several states moving states to constitutional carry.

In 2008, the United States Supreme Court issued a ruling against an unconstitutional permitting requirement in District of Columbia v. Heller. In addition to slapping down what was essentially an illegal handgun ban, the Supreme Court’s decision included several rulings related to the carrying of firearms, including holding that the Second Amendment protects an individual right of firearms ownership for the purpose of self-defence and is not connected with any militia or military purposes. The Court also ruled individual self-defence is “the central component” of the Second Amendment, with handguns deemed the primary defensive weapon of choice specifically protected by the Second Amendment.

The Court also interpreted the phrase “bear arms” to mean: “wear, bear, or carry...upon the person or in clothing or in a pocket, for the purpose...of being armed and ready for offensive or defensive action in a case of conflict with another person.”

In 2010, the Supreme Court in McDonald v. City of Chicago once again examined the Second Amendment and self-defence as it did in Heller. Still, with one important caveat—this time, it was examining a state’s responsibilities under the Second Amendment, not the District of Columbia (which is under the federal government's exclusive control).

McDonald importantly held that the Second Amendment is fully applicable to the states and that individual self-defence is its “central component.” This means states are prohibited from enacting bans on handguns for self-protection in the home.

Considering these two important cases, it is clear the Second Amendment restrains the government from interfering with the possession of handguns for self-defence by law-abiding folks. Constitutional carry supporters point to these two cases as proof that there are limits to what state and local governments may pass as laws intending to restrict the right to bear arms, both at home and in public.

Which States Allow You to Carry a Gun Without a Permit?

As of this writing, the following 20 states have enacted some type of unlicensed (“constitutional”) carry:

• Alaska, Arizona, Arkansas, Idaho, Iowa (effective July 1, 2021), Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Oklahoma, South Dakota, Tennessee (effective July 1, 2021), Utah, Vermont, West Virginia, and Wyoming.
• In addition, while not conventionally considered “constitutional carry,” the six states of Delaware, Louisiana, Nevada, New Mexico, North Carolina, and Virginia allow the permitless open carry of a handgun.

Finally, the State of Texas passed its version of constitutional carry—HB 1927. Texas Governor Greg Abbott followed through on his intention to sign constitutional carry into law. Texas residents will enjoy permitless carry when the law goes into effect on September 1, 2021.

Law-abiding folks need to keep apprised of current laws before taking advantage of any “constitutional carry” states, as some include language limiting the right to citizens of that state exclusively.

Each state has its own laws—in some states, even neighbouring counties and cities may have wildly different rules and punishments—which could mean the difference between going home with a warning or going to prison!

How It Works

Why is it that some states have constitutional carry, while others do not? Why doesn’t the federal government get to decide for all states?

While the federal government does have some say in the regulation of firearms and carry (think: commerce in firearms, federal bans on felons possessing firearms, etc.), the Tenth Amendment to the U.S. Constitution reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Then, the individual states may decide for themselves where their residents are allowed to carry, whether a permit is required, and if so, what those requirements consist of. A review of gun laws in all 50 states shows the law is as varied as the landscape of our great country itself.

Do I Need a Permit?

If you live in a constitutional carry state, it would seem that you don’t need a permit to carry, right? But what if you want to visit another state? All states (except Vermont) that have enacted constitutional carry kept their permitting systems intact so that when residents are travelling out of state, they can still carry (assuming the destination state honours their permit). Similarly, having a handgun license or permit is a good idea even if you’re headed to a permitless carry state since at least two states (North Dakota and Tennessee) restrict permitless carry to their residents. Non-residents can still carry concealed in those states, assuming they have a valid concealed carry permit (or license to carry) from their resident state that is honoured in North Dakota or Tennessee. It’s always a good idea to research the carry laws in the state you’re visiting before setting off on your journey.

Where Can I Carry?

In the states listed, it’s important to note that constitutional carry does not supersede other state or federal laws restricting where you can and can’t carry. Just because you’re in South Dakota doesn’t mean you can waltz into the post office with your concealed firearm; that’s still illegal, regardless of South Dakota law. And in Utah, it’s legal to carry in bars but illegal to be intoxicated and carry at the same time; the state defines intoxicated as a blood alcohol concentration (“BAC”) of 0.05 or greater. Constitutional carry doesn’t supersede federal law, and it doesn’t negate other carry restrictions in the state.

Additionally, some states allow you to carry in more places if you have a carry permit than if you’re carrying under the constitutional carry law. In Arizona, if you’re carrying concealed without a permit, you’re not allowed to carry in a restaurant that serves alcohol. Still, if you have a valid Arizona concealed carry license, you can. You can’t be drunk and carry, obviously.

Missouri is another state where having a permit is beneficial. In Missouri, local jurisdictions can restrict permitless open carry. However, if a person has a valid Missouri concealed carry permit, they’re exempt from any local restrictions on open carry.

Know the Laws

Whether your state is a constitutional carry state or you’re travelling to a permitless carry state, you must remain up to date on the laws for each jurisdiction. One of the difficulties with constitutional carry is that the implementation in many states has been different. Oklahoma, for example, passed legislation allowing constitutional carry. When this was announced in the news, most residents assumed that the permit requirement was eliminated, and constitutional carry was now allowed in every place that formerly required a permit.

In reality, the constitutional carry legislation did not remove the word "license" from several criminal statutes, and a permit is still required to carry in many places. Even with constitutional carry, it’s still illegal to carry in bars and on school grounds in Oklahoma unless you have a valid carry permit. So even when a constitutional carry is an option, law-abiding gun owners still need to protect themselves from legal trouble.

What’s the Benefit?

While it’s popular to think of constitutional carry as a way for everyone to carry a gun, that’s not the case. Just like there are requirements to get a concealed carry permit, all the states with permitless carry have requirements for someone to carry concealed without a license. The majority of the states with permitless carry require a person to be at least 21 years old and not be legally prohibited from owning a firearm to carry concealed. Those requirements are so similar to the steps necessary to get a carry permit that constitutional carry legislation failed in Indiana because the governors of both states didn’t believe the single additional step of applying for a permit was a significant enough burden on gun owners.

In states that have legalized permitless carry, many residents still choose to get a concealed carry permit (“CHP,” “LTC,” “CCW,” etc.) because while constitutional carry is a valid option, it may not be the best option for them. Some gun owners in constitutional carry jurisdictions may choose to maintain their current license or permit a handgun.

The reasons for obtaining or maintaining carry permits in constitutional carry states include possible reciprocity with other states—which, if recognized, would allow the gun owner to carry their handgun according to the laws of the state they are visiting; expanded locations where carrying a handgun is authorized; greater access to handgun training; and expedited federal background checks for purchasing firearms from a licensed gun dealer.

If you have questions about your state’s carry laws or the differences between “shall issue,” “may issue,” and “constitutional carry” laws, please contact U.S. LawShield for the legal education you can trust.

For more information on Texas Constitutional Carry, click here.

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The information provided in this publication is intended to provide general information to individuals and is not legal advice. The information included in this publication may not be quoted or referred to in any other publication without the prior written consent of U.S. LawShield, to be given or withheld at our discretion. The information is not a substitute for and does not replace the advice or representation of a licensed attorney. We strive to ensure the information included in this publication is accurate and current; however, no claim is made to the accuracy of the information, and we are not responsible for any consequences that may result from the use of information in this publication. The use of this publication does not create an attorney-client relationship between U.S. LawShield, any independent program attorney, and any individual.

The unseen Mask we wear-

                          

 Total control cannot happen with tanks and soldiers alone- far too many people. Such a task would be similar to herding sheep; physically, it can't be done. You would need one herdsman for every sheep, and the price would be so high no one would buy sheep. So, how do governments control people on the cheap? The featured tools are fear and conditioning (educating) the mass of people (subjects) into a mainstream narrative. Fear is always a short-term weapon, but in the United States, current debt levels, along with the fear and stress of losing a job, home, car, or livelihood, have contained many citizen subjects for decades or at least since the offering of easy consumer credit since the late The 1960s. A stronger and more effective tool is conditioning subjects to an idea via mass media. Allowing the masses to accept the mainstream narrative as their own idea has been more effective for long-term control. Accepting someone else's idea of authority under a notion of government is incredibly effective - especially over generations. Once an idea is in acceptance by the majority, we "the people" police ourselves. Some of us who go our own way are often called stupid, dangerous, or strange by our peers. So, the policing process begins. After being chastised by a self-policing society, most who do or might think for themselves will immediately recoil back into a mainstream narrative (a safe zone). We're in a consumer's prison where we make $10 an hour but spend $15 an hour just to maintain ourselves with some acumen of dignity by debt. And if one of the prisoners finds an escape, the other prisoners block the exist.

  And so, the mandatory mask is put on for the comfort of family and everyone else to stop the threats, harassing phones, and general ridicule and persecution from the rest of the self-police. All to the " little gods" in white lab coats who scratch heads while witnessing mass schizophrenia. Which ultimately opens the door to physical medical problems - heart attacks, cancer and strokes, etc., all because of a mandatory mask we all wear. Conditioning begins early - Take a minute and think about what we do to a baby -shower the baby with gifts at birthdays, Christmas and other eventful times in the newborn's life. The cause and effect is an unrealistic expectation of a lifestyle that starts with over-consumption at an early age. The school creates another kind of expectation, the pathway to success via obedience. According to the classroom authority, if you didn't work the math as instructed but came to the correct answer, you were still wrong. Or maybe in College, you decided not to follow the lecture and write something on your own and received a not-so-flattering result from a teacher's aide who happens to be a member of the local campus communist party. hmm? Or here's a classic self-policing technique, a student holds a different opinion than the Professor, so the Professor asks the rest of the class to raise their hand if they agree with the lone student. Of course, no one raises their hand-the teacher and the State's opinion reign supreme.- for that moment. A similar tactic was and is used today in Communist China, known as a "struggle session."  Our school systems run the Bismark factory model. Punch a time clockwork 40 hours - questioned nothing and obey authority-- only there are no factories, no time clocks, or 40-hour work weeks. Still, buried deep in our collective psyche is an idea (a notion) that if you obey a system, you can have all those gifts you received as a child again and again as long as the debt-servant economy is maintained. Do your part, and Amazon and Visa will continue to make Christmas a monthly event.

  If your little voice inside you is telling you that you are working harder for less,  then listen to your voice because statistically, you are working more for less money. 90% to 95% of all American households are financially treading water- most bought into the 30-year mortgage and 10-year car note only to be stuck in a scam. Here's the scam inflation is low or almost non-existent because the inflation shows up not on government accounting ledgers but in the households of everyday consumers in the form of credit card interest and debt. For the last three decades, wages have not kept pace with inflation or GDP. The top 1% has stolen five trillion in wages since the mid-1970s. And in the 1970s, the economy took mom out of the house, as the mortgage required two pay earners to maintain a household with electricity and other necessities. These days while standing in line at any grocery store, we witness people pulling out 1,2,3 or 4 credit cards, trying to find just one with enough balance to cover groceries for the coming week. You see, your neighbours, friends and strangers you don't even know in a grocery line are having to decide: Do I pay for food or make a payment on the car this week? Do I make the mortgage payment, or can I buy my medications this month? And if you can still maintain yourself and everything seems fine - then Hooray, for you!- but your neighbour's physical needs today will become your security worries tomorrow.

 Many people feel like a failure, and it's completely understandable. Remember, we were all set up to fail! The system began this easy credit economy in the late 1960s with credit card issuance and Richard Millhouse Nixon taking our money off what was left of the gold standard on August 13, 1971. Not to mention the Maquiladora Program in the 1960s under Johnson. - America's first offshoring of jobs and the beginning of the end for the American worker.  

        Next time- How did International Corporations steal 5 trillion dollars in wages from the American worker since the mid-1970s?