The longtime state law gives local sheriffs the power to deny a citizen’s right to purchase a firearm. It covers private gun sales between two individuals, and a misdemeanor charge is possible if the sheriff’s permit is not granted.
The bipartisan measure cleared the House with a 70-44 vote, and there are strong indications that the legislature is prepared to override Cooper’s veto. The permit requirement is stacked on top of the federal law that people buying guns at retail establishments must undergo an FBI background check.
Cooper, however, defended his veto as promoting safety. “Eliminating strong background checks will allow more domestic abusers and other dangerous people to own handguns and reduces law enforcement’s ability to stop them from committing violent crimes. Second Amendment supporting responsible gun owners know this will put families and communities at risk.”
Sen. Danny Earl Britt, Jr. of Robeson declared, “When given the opportunity to guarantee Second Amendment protections in North Carolina Gov. Roy Cooper chose to maintain our duplicative gun laws and infringe on our constitutional rights.”
He added, “I look forward to a swift veto override in the Senate.”
Rep. Keith Kidwell of Beaufort County noted that “criminals don’t get background checks before they buy a gun.” The repeal is supported by the North Carolina Sheriff’s Association, though opponents cited opposition from some of their local law enforcement.
Cooper has an established history of blocking pro-gun rights measures sent to his desk. Last summer, he vetoed House Bill 49, which would have allowed law-abiding citizens to bypass the time and expense of state-mandated training if they inadvertently let their carry permit expire.
In that situation, the governor fell back on the old “common sense” argument of Second Amendment opponents and called mandating retraining a “safety measure.”
As the NRA pointed out, states without these training requirements still have firearm instructors in business. In that way, law-abiding citizens may seek out the training that fits their skill level without having to undergo redundant instruction that is a waste of time.
That did not prevent Cooper from exercising his veto power and keeping the burdensome requirement in place.
North Carolina has a solid pro-gun majority, and the chances of a bipartisan veto override are strong when the legislature takes up the issue. There is no reason to have an extra layer in the process of purchasing a firearm when the federal government already requires an FBI background check.
However, there is no guarantee of a successful outcome from the perspective of civil liberties advocates. As always, it is doubly important that those who value their constitutional freedoms support organizations that are in their corner and remain politically aware and active.
The right to keep and bear arms without overbearing restrictions from the federal and state government is enshrined in the Constitution. Furthermore, the U.S. Supreme Court has upheld time and again that there must be strong reasons for either to infringe on this basic liberty.
Seeking the local sheriff’s approval along with the FBI’s is a restriction that even the state sheriff’s organization deemed unnecessary. This clearly demonstrates that Cooper’s veto is merely another attempt by anti-gun zealots to impose their will on those who would freely keep and bear arms.
As duly noted, the criminal element does not subject themselves to background checks anyway. It is well documented that those who commit violent crimes are not going through retailers and the mandatory records checks to gain access to weapons.
Instead, it is the law-abiding public that is affected by state overreaches that add arbitrary requirements to constitutionally protected purchases.
