(Photo by Aristide Economopoulos/NJ Monitor)
The North Carolina Senate approved a bill Thursday authorizing gun owners to carry handguns without a permit, moving the legislation to the House.
Lawmakers shepherded Senate Bill 50, “Freedom to Carry NC,” through two committee hearings this week. It passed the Senate Judiciary Committee on Tuesday and the Senate Rules Committee on Wednesday.
Under the bill, residents of North Carolina who are U.S. citizens at least 18 years of age, and not otherwise prohibited by law would be able to carry concealed handguns without obtaining a permit.
Its primary sponsors are Sens. Danny Britt (R-Hoke, Robeson, Scotland), Warren Daniel (R-Buncombe, Burke, McDowell), and Eddie Settle (R-Alexander, Surry, Wilkes, Yadkin).
The measure passed 26-18 in a party line vote after the Senate adopted five amendments and rejected 11 others. Four Republicans and two Democrats had excused absences. Senators debated the bill for about two hours. Click here to see the text of the bill and each of the amendments, and the results of the various rollcall votes.
North Carolina law currently requires gun owners to obtain permits from their local sheriff’s office in order to carry a concealed handgun. Concealed carry also requires a minimum of eight hours of training.
If passed into law, North Carolina would become the 30th state to allow what proponents call “constitutional carry” — meaning concealed carry without a permit. The legislation would still allow concealed carry permits to be issued “for the purpose of reciprocity when traveling in another state.”
The chamber considered a myriad of proposed amendments to the bill, adopting five and defeating three of them. Eight (all from Democratic senators) were “tabled” — a tactic often used in the Legislative Building that allows amendment opponents to say that they didn’t cast a “no” vote on a popular proposal.
Democrats add amendments to benefit slain officers and their families
Sen. Mujtaba Mohammed (D-Mecklenburg) proposed amendments to care for the loved ones of those affected by gun violence. Both of them passed.
One would increase the amount paid for line-of-duty deaths. This means the Industrial Commission would award a death benefit of $150,000 to the family or estate of the covered person killed in the line of duty, a change from the original text’s $100,000.
Mohammed also won approval for an amendment that would establish a college scholarship for the children of permanently disabled or slain law enforcement officers.
Under the proposal, the University of North Carolina Board of Governors would develop a scholarship program for children between the ages of 17 and 28 whose parent or legal guardian is a law enforcement officer, correctional officer, firefighter, volunteer firefighter, or rescue squad worker who is permanently disabled as a direct result of a traumatic injury sustained in the line of duty.
Mohammed thanked his colleagues for voting in support of his proposals, but expressed his wish that it wouldn’t come to that point — he doesn’t want families to resort to support from the state in lieu of the lives of their loved ones.
“I truly and genuinely don’t want our officers to have to get that death benefit if they’re alive and they could be there and support their families,” he said. “I urge you to stand with law enforcement, to keep the safeguards that protect officers and their families and the communities they serve, or you can vote to continue to put them even more danger.”
Primary sponsor increases penalties for certain firearm crimes
The chamber also voted to adopt three amendments from Britt to increase penalties for the violation of firearm-related criminal laws.
One of Britt’s amendments would increase the punishment for committing an assault with a firearm against certain emergency, medical, and law enforcement personnel. Violators would be guilty of a Class D felony, which has a maximum penalty of 5 to 10 years in prison.
A second amendment from Britt changes the bill text so that a person who discharges a firearm during the commission or attempted commission of a felony becomes guilty of a Class C felony. These offenses carry a maximum penalty of 10 to 25 years in prison.
“That would be an additional sentence someone would get if they were convicted of a felony while discharging a firearm,” Britt said.
Under Britt’s third amendment, a person who possesses a firearm during the commission or attempted commission of a felony will be guilty of a Class F or Class G felony.
Failed amendments dealt with requiring security systems in certain buildings — schools, government buildings, and hospitals — and strengthening gun laws at certain locations — for example, places selling alcohol, state property, parades, and schools.
House Democrats denounce substance, pace of legislation
A similar bill is moving through North Carolina’s lower chamber.
House Bill 5, or the NC Constitutional Carry Act, bears many similarities to SB 50. The main difference is it allows elected officials in the state to carry a concealed firearm “while performing their official duties if the official has a concealed handgun permit.”
The measure passed the House Judiciary 2 Committee on Wednesday, advancing it to the House Rules Committee.
House Democratic Leader Robert Reives (D-Chatham, Randolph) described the legislation as a “recipe for disaster.”
“This would make North Carolinians less safe and people understand that,” Reives said in a statement. “Either of these bills becoming law would make North Carolina a more dangerous place.”
Rep. Terry Clark (D-Guilford) held a press conference condemning the bills immediately following the Senate’s vote on SB 50.
She accused Republican legislators of pushing the measures through without listening to community members and their wishes.
“They have rushed this through because they know if they actually took the time to hear from law enforcement, gun violence survivors, domestic violence victims and our constituents at large, it would become blatantly clear that the majority of North Carolinians do not want this,” Clark said.