ALERT: possible NC Legislature DECEPTION

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:

http://www.ncleg.net/Applications/BillLookUp/LoadBillDocument.aspx?SessionCode=2011&DocNum=691&SeqNum=0

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:

GRNC Alert 5-18-12: Stop New ‘State of Emergency’ Gun Ban!

Details
Category: GRNC Alerts
Published on Friday, 18 May 2012 22:42
Posted by Web Volunteer
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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:

  • The bill still restricts firearms outside the home during emergencies: Although new language in G.S. 14-288.12(b)(4) purports to let cities restrict outside-the-home carry only “when necessary to preserve the public peace where there is an imminent risk of damage, injury, or loss of life or property,” that language is so vague as to be meaningless. Virtually every state of emergency – be it hurricane, riot or snowstorm – carries these “imminent risks.”
  • Regulations now reach into your home: Although the bill purports to forbid cities from regulating guns and ammunition in the home during emergencies, neither cities nor the state ever had the power to apply in-home bans during states of emergency. Translated, by stipulating what lawful gun-related activities you may do in the home, the bill tries to replace your unequivocal right to arms in the home with a restricted “right” to arms in the home.
  • HB 489 replaces an unconstitutional statute with another unconstitutional statute: But because laws are constitutional until proven otherwise, you’ll have to go back to court to prove it.

 


IMMEDIATE ACTION REQUIRED!
  • Email AND call: ALL of the following members of the NC Senate Judiciary I Committee
  • Contact: House Majority Leader “Skip” Stam and ask him whether he authorized having the bill he sponsored stripped and turned into a restrictive gun law
  • Help GRNC kill this & other gun bans: By joining or, if you are already a member, contributing at: https://ssl4.westserver.net/grnc.org/join.html

CONTACT INFO

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.

Respectfully,

 

Copyright Info
———————-

© 2012 GRNCFFE, Inc. All rights reserved. Reproduction and distribution is permitted provided full attribution is given and the item is reprinted in its entirety. Address questions to: President@GRNC.org

 

      
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2 Responses to ALERT: possible NC Legislature DECEPTION

  1. Hans says:

    I was a little more harsh in my letter than the text suggested by GRNC:

    This bill would be more accurately titled: “Rights Infringed by Bureaucrats.

    and I added the following:

    Despite government enthusiasm to grant protections, priviledges, and immunities, many of us still understand that Rights are inherent in man. Rights pre-exist government and law … they do not derive from government (Locke, Jefferson, Bastiat, etc.). We who choose to do so will retain our Rights despite your proclaimations.

    PLEASE HAVE YOUR VOICE HEARD IN THE JUDICIAL COMMITTEE.

  2. tmedlin says:

    thanks for posting, Hans

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