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They need to abolish this pistol purchase permit rule in NC because this is 2012. I would expect that in this day and age Jim Crow-era legislation would have been abolished.
Q: What is the deal with this Pistol Purchase Permit law? I moved from one NC county to another and found that the Sheriffs of each county have vastly different requirements for getting Permits. Isn't this covered by State law?
A: The Pistol Purchase Permit law was passed in 1919, and is a classic piece of Jim Crow-era legislation (Jim Crow History). The recognition of civil rights for blacks and other minorities meant that the Constitution applied to minorities. This meant that blacks and other minorities could exercise their natural right to self-defense, with the full support of the 2nd Amendment to the US Constitution and Article I, Sec. 30 of the North Carolina Constitution. This did not sit well with the Ku Klux Klan (which for many years was headquartered in Raleigh, just down the street from the Legislature) and other racist groups and influential individuals. The racist members of the State Legislature knew they could not overtly prevent minorities from purchasing handguns for protection, so the seemingly innocent Pistol Purchase Permit law was passed. This law allowed local Sheriffs and government officials to discriminate with impunity at the local level.
Even today, the Pistol Purchase Permit law is implemented in an arbitrary and capricious fashion by 100 individual County Sheriffs. Some Sheriffs do little more than collect the fees and hand out permits to the law-abiding, because more than that is not necessary. Others implement ridiculous, intrusive requirements that either discriminate on a wholesale basis or are selectively applied so that discrimination can be more personalized.
With the advent of the National Instant Check System (NICS) there is no public safety reason why the Pistol Purchase Permit system needs to continue. The Jim Crow era is over, and the laws of that era need to be eliminated. Most people agree with that in principle, but for some reason when it comes to guns a significant number of people seem to think that discrimination and arbitrary requirements are a good thing. This is something NCRPA totally disagrees with.
We have been trying for 10 years to get the Pistol Purchase Permit system completely eliminated. Apparently when it comes to gun control a lot of people think Jim Crow is still a good idea.
I'm not sure I agree with the "Jim Crow" explanation since eligible citizens can buy a rifle or shotgun without a locally-issued permit. However, I did always wonder why NC residents are still required to obtain a handgun-only purchase permit when gun dealers are already required to document the NICS checks under the provisions of the Brady Handgun Violence Prevention Act of 1993 (Public Law 103-159). It's just redundant to have both laws at this point in time. I imagine the state law will be repealed once we have a Republican governor and state legislature.
They need to abolish this pistol purchase permit rule in NC because this is 2012. I would expect that in this day and age Jim Crow-era legislation would have been abolished.
Q: What is the deal with this Pistol Purchase Permit law? I moved from one NC county to another and found that the Sheriffs of each county have vastly different requirements for getting Permits. Isn't this covered by State law?
A: The Pistol Purchase Permit law was passed in 1919, and is a classic piece of Jim Crow-era legislation (Jim Crow History). The recognition of civil rights for blacks and other minorities meant that the Constitution applied to minorities. This meant that blacks and other minorities could exercise their natural right to self-defense, with the full support of the 2nd Amendment to the US Constitution and Article I, Sec. 30 of the North Carolina Constitution. This did not sit well with the Ku Klux Klan (which for many years was headquartered in Raleigh, just down the street from the Legislature) and other racist groups and influential individuals. The racist members of the State Legislature knew they could not overtly prevent minorities from purchasing handguns for protection, so the seemingly innocent Pistol Purchase Permit law was passed. This law allowed local Sheriffs and government officials to discriminate with impunity at the local level.
Even today, the Pistol Purchase Permit law is implemented in an arbitrary and capricious fashion by 100 individual County Sheriffs. Some Sheriffs do little more than collect the fees and hand out permits to the law-abiding, because more than that is not necessary. Others implement ridiculous, intrusive requirements that either discriminate on a wholesale basis or are selectively applied so that discrimination can be more personalized.
With the advent of the National Instant Check System (NICS) there is no public safety reason why the Pistol Purchase Permit system needs to continue. The Jim Crow era is over, and the laws of that era need to be eliminated. Most people agree with that in principle, but for some reason when it comes to guns a significant number of people seem to think that discrimination and arbitrary requirements are a good thing. This is something NCRPA totally disagrees with.
We have been trying for 10 years to get the Pistol Purchase Permit system completely eliminated. Apparently when it comes to gun control a lot of people think Jim Crow is still a good idea.
I have to disagree with you on this topic.
Effective October 1 2012 you can apply for a gun purchase permit on line without having to visit the sheriffs office in Moore Co. This means those reviewing the application for the permit have no idea what race you happen to be. In my case I happen to have a name that simply jumps out as "minority" although I am not.
I applied on 10/1 and on 10/8 I received an e-mail telling me to come pick up my permits (ID required)
I see nothing wrong with this system.
Do we not want to be protected from all the nut cases who could simply walk in and purchase a hand gun as easily as buying a quart of milk?
One can no longer walk into a store and purchase a handgun legally without a background check and approval.
Gun Control Act of 1968 (Public Law 90-618)
OK then is that not a good reason to require a purchase permit? The purchase permit includes a background check, that's why it takes a week to 10 days to be approved.
To me I don't see how it could be more easy.
I have my permits and when I feel like making a purchase I will.
OK then is that not a good reason to require a purchase permit? The purchase permit includes a background check, that's why it takes a week to 10 days to be approved.
To me I don't see how it could be more easy.
I have my permits and when I feel like making a purchase I will.
There's no need for the county-issued purchase permit system since the Feds regulate handgun sales with a FBI check now. The 1919 state law is outdated and no longer serves a purpose.
The first is the argument that instant background checks make the permit system obsolete. Unless there is something lacking in the instant check that is done "better" by the Sheriffs in our 100 counties, it would seem permits are no longer needed.
The second is that with 100 different counties, there are potentially 100 different sets of hoops to jump through. In Moore County, I have heard no complaints. Other counties are known to make applicants go through a lot more to get the same permit. Some require multiple notarized statements of character witnesses, etc. If there is still a good reason to have the permit system in the first place, at the very least state law should ensure that the process not be arbitrary and capricious. There should be a standard form and process that applies across the state.
I suspect that to some extent the permit system remains in place due to our system of elected sheriffs. Depending on the political climate in an individual county, the way the sheriff administers their permit program can be a political statement/tool in and of itself. Heck, the "process" means "jobs" for the people doing the paperwork too...
Ever purchase a hand gun at a gun show? No background checks occuring there because the seller doesn't have the means to perform a background check. Therefore, a pistol purchase permit has it's place.
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