On May16, 2012, text appears to have been changed to alter the purpose of NC HOUSE BILL H489
H489 was introduced March 2011 as AN ACT AUTHORIZING THE LEGISLATIVE RESEARCH COMMISSION TO STUDY NORTH CAROLINA’S MECHANICS’ LIEN AND BOND LAWS.
The description above is how the bill currently reads on the NC Legislature bill-look-up website:
New text has alledgedly been substituted into the shell of this bill on May 16, 2012 to convert it to AN ACT TO AUTHORIZE THE POSSESSION, STORAGE, AND USE OF DANGEROUS WEAPONS DURING A STATE OF EMERGENCY FOR SELF DEFENSE IN A PERSON’S HOME OR FOR OTHER LAWFUL PURPOSES IN A PERSON’S HOME; AND TO AUTHORIZE THE TRANSPORTATION, POSSESSION, SALE, OR PURCHASE OF AMMUNITION FOR SELF DEFENSE PURPOSES IN A PERSON’S HOME OR FOR OTHER LAWFUL PURPOSES IN A PERSON’S HOME.
The description above is from the new text posted at GRNC: http://grnc.org/h489.html
The following is a copy of the GRNC ALERT:
Category: GRNC Alerts
Published on Friday, 18 May 2012 22:42
Posted by Web Volunteer
HB 489: Replacement ‘State of Emergency’ bill provides no protections, but new restrictions
| Reminding us why Mark Twain once said, “No man’s life, liberty nor property is safe while the Legislature is in session,” a plan is afoot in the NC Senate to replace the state’s “state of emergency” gun ban – which was recently declared unconstitutional – with an even worse gun ban.GOOD NEWS, BETTER NEWSAs you recall, Grass Roots North Carolina was a plaintiff in Bateman v. Perdue, the lawsuit filed against the state’s ban on carrying firearms outside the home during declared states of emergency. Represented by Alan Gura (of D.C. v. Heller and McDonald v. Chicago fame), we won: Federal District Court for the Eastern District of NC declared the statute an unconstitutional infringement on the Second Amendment right to bear arms outside the home.
The better news is that the state let the April 30 appeal deadline pass without filing an appeal, making the decision conclusive. Now, however, we might be seeing why Governor Perdue chose not to appeal…
THE BAD NEWS
The logical thing to do with a statute declared unconstitutional would be to simply repeal it, right? Alas, not in this august body. Instead of simply eliminating restrictions, the current proposal repeals the state’s ability to ban guns during states of emergency, but replaces it with language enabling cities to impose gun bans arguably more expansive than those in current law.
Under House Bill 489, now in the Senate Judiciary I Committee, if a hurricane or act of terrorism forced you to take your family and flee your home, you would have no lawful right to take firearms with you for protection at the time you need them most.
WHAT HB 489 DOES
It’s not yet clear who drafted the bill, but what they did was to strip a bill formerly dealing with mechanics’ liens, and replace its guts with “Dangerous Weapons Restrictions in Emergencies.”
To give you the flavor of the bill, consider part of its long title: “An Act to Authorize the Possession, Storage, and Use of Dangerous Weapons During a State of Emergency for Self-Defense in a Person’s Home…” [Emphasis added]
You read it right: Bureaucrats would “authorize” keeping firearms in the home, leading us to ask what other fundamental rights they might someday feel the need to “authorize.”
But don’t believe us. See it for yourself at: http://grnc.org/h489.html
Fundamental flaws in HB 489:
IMMEDIATE ACTION REQUIRED!
Use this copy & paste to email Judiciary I members:
Peter.Brunstetter@ncleg.net , Thom.Goolsby@ncleg.net , Tom.Apodaca@ncleg.net , Harry.Brown@ncleg.net , Kathy.Harrington@ncleg.net , Clark.Jenkins@ncleg.net , Eric.Mansfield@ncleg.net , Martin.Nesbitt@ncleg.net , Louis.Pate@ncleg.net , David.Rouzer@ncleg.net , Bob.Rucho@ncleg.net , Dan.Soucek@ncleg.net , Josh.Stein@ncleg.net , Richard.Stevens@ncleg.net , Jerry.Tillman@ncleg.net , Michael.Walters@ncleg.net
Full contact info for Senate Judiciary I Committee:
Peter S. Brunstetter, Phone: (919) 733-7850, Email: Peter.Brunstetter@ncleg.net
Thom Goolsby, Phone: (919) 715-2525, Email: Thom.Goolsby@ncleg.net
Tom Apodaca, Phone: (919) 733-5745, Email: Tom.Apodaca@ncleg.net
Harry Brown, Phone: (919) 715-3034, Email: Harry.Brown@ncleg.net
Daniel G. Clodfelter, Phone: (919) 715-8331, Email: Daniel.Clodfelter@ncleg.net
Kathy Harrington, Phone: (919) 733-5734, Email: Kathy.Harrington@ncleg.net
Clark Jenkins, Phone: (919) 715-3040, Email: Clark.Jenkins@ncleg.net
Eric Mansfield, Phone: (919) 733-9349, Email: Eric.Mansfield@ncleg.net
Martin L. Nesbitt, Jr., Phone: (919) 715-3001, Email: Martin.Nesbitt@ncleg.net
Louis Pate, Phone: (919) 733-5621, Email: Louis.Pate@ncleg.net
David Rouzer, Phone: (919) 733-5748, Email: David.Rouzer@ncleg.net
Bob Rucho, Phone: (919) 733-5655, Email: Bob.Rucho@ncleg.net
Dan Soucek, Phone: (919) 733-5742, Email: Dan.Soucek@ncleg.net
Josh Stein, Phone: (919) 715-6400, Email: Josh.Stein@ncleg.net
Richard Stevens, Phone: (919) 733-5653, Email: Richard.Stevens@ncleg.net
Jerry W. Tillman, Phone: (919) 733-5870, Email: Jerry.Tillman@ncleg.net
Michael P. Walters, Phone: (919) 733-5651, Email: Michael.Walters@ncleg.net
DELIVER THIS MESSAGE
Honorable Members of the Senate Judiciary I Committee:
Realizing that many of you — especially chamber leadership — have excellent voting records on gun issues, I am surprised you would give serious consideration to a bill such as House Bill 489: “Dangerous Weapons Restrictions in Emergencies.” The bill would be more accurately titled: “Gun Rights Authorized by Bureaucrats.”
North Carolina’s existing ban on bearing arms outside the home was recently declared unconstitutional by a federal court in the case Bateman v. Perdue. But instead of simply repealing what is now a largely unenforceable statute, HB 489 would replace it with an even more insidious ban.
That HB 489′s long title describes “authorizing” arms and ammunition in the home speaks volumes about the bill. Language purporting to restrict cities from banning guns outside the home is vague to the point of being useless; the bill is sloppily drafted; and worst of all, it stipulates for the first time which lawful firearm-related activities I may or may not exercise IN MY OWN HOME.
I strongly urge you to table HB 489 and do what both the letter and spirit of the Bateman decision require: Repeal the unconstitutional ban on carrying firearms outside the home during declared states of emergency.
Please advise me of your position on this issue. I will be monitoring its progress via Grass Roots North Carolina legislative alerts.
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