Permit requirement to buy pistol scrapped in North Carolina

RALEIGH, N.C. — North Carolina legislators repealed the state’s requirement that someone obtain a permit from a local sheriff before buying a pistol, as the Republican-controlled legislature on Wednesday successfully overrode one of Democratic Gov. Roy Cooper’s vetoes for the first time since 2018.

Rep. Cotham tells me most of her appointments for long haul treatment are on Wednesdays or Thursdays. Dem Reps. Wray and Brockman were also absent today.
— Joe Bruno (@JoeBrunoWSOC9) March 29, 2023

Gun buyers will still need a federal background check, but Channel 9′s Hunter Sáenz learned the bill essentially erases the backlog we’ve seen at the Mecklenburg County Sheriff’s Office for purchase permits.

Just Tuesday, more than 200 people in Mecklenburg County were waiting to get their permits. Sheriff Garry McFadden said that backlog is wiped out with this new law and they can now go through the new process.

READ PREVIOUS STORIES:

The House voted 71-46 to enact the bill — over Cooper’s objections in last week’s veto message — to eliminate the state’s longstanding handgun purchase system, which among other things required sheriffs to perform character evaluations of gun applicants. The Senate voted to override the veto on Tuesday.

Cooper and Democratic lawmakers warned the repeal, which takes effect immediately, would allow more dangerous people to obtain weapons through private sales, which do not require a background check, and limit law enforcement’s ability to prevent them from committing violent crimes.

But bill supporters say the sheriff screening process to buy a pistol is no longer necessary in light of significant updates to the national background check system, and that the permit requirement didn’t serve as a crime deterrent.

Now, gun shops are preparing for the change.

*What this means:

It is no longer necessary to apply for a pistol purchase permit at the sheriff’s office
The Federal Firearms License dealer will run the required National Instant Criminal Background Check System required under current law
For private transfers of handguns, while no National Instant Criminal Background Check System (NICS) criminal background check is required under current law prior to making a private transfer, criminal penalties still apply to any person that knowingly transfers a handgun to a person who may not lawfully possess the firearm.
All concealed handgun permit laws remain the same.

*Stanly County Sheriff’s Office

‘The sky is not falling’

“I, personally, am comfortable being around guns, but that’s because I’m trained so I know how to use a gun,” said Vickie Foster, retired assistant chief with the Charlotte-Mecklenburg Police Department.

Foster said she is comfortable with firearms but is concerned about the legislature doing away with permits.

“(It’s) a key component to ensure mental health checks are being done and that is one of the things the sheriff’s department does,” she said.

“So, here’s the thing,” said Orange County Sheriff Charles Blackwood. “The sky is not falling. We’ll get through this.”

Blackwood is the president of the North Carolina Sheriff’s Association.

His membership didn’t take a position on the bill that scraps background checks.

But he’s a strong believer in red flag laws, which would allow judges to seize firearms from people who are mentally ill.

He said it would be a way to guard against people slipping through the cracks.

“There are times when law enforcement needs to tap the breaks to stop the clock and figure out what’s going on and that’s for the greater good of our communities and safety and well-being,” Blackwood said.

Blackwood added, “Here’s what folks need to understand. You could yesterday go buy a long gun. You could yesterday guy an AK-47. You could yesterday buy an AR-15 without a permit check from the sheriff.”

‘I’ve never seen the legislature move that fast’

Permit requirement to buy pistol scrapped in North Carolina

The owner of Hyatt Gun Shop didn’t expect this to happen so quickly and now, he’s already implementing the change. He is preparing for a big jump in customers looking to buy handguns.

“Well I really didn’t expect it to happen today because I’ve never seen the legislature move that fast,” Larry Hyatt told Sáenz Wednesday.

MORE PREVIOUS STORIES:

Licensed gun shops like Hyatt’s will run gun purchasers’ names through the federal background check system. It’ll check their mental health, military and criminal record -- including domestic violence charges.

It could take minutes or days to get approved or denied -- it’s a case-by-case basis. It’s a change Cooper isn’t happy with.

“Outrageous,” Cooper told Channel 9. “We need to make sure that we protect people, protect everyone from people who are seriously mentally ill, who will do violence, domestic abusers. And this was a step backwards today.”

Back at Hyatt, Larry said phones are ringing off the hook as he and his staff get ready for a surge in business.

“The first couple weeks it’ll probably be extra busy because of all the publicity,” he said.

This law only impacts the process of buying a handgun -- it does not impact the concealed handgun permits. Those still need to go through your local sheriff’s office.

The veto

Although Republican seat gains in the midterm elections gave them veto-proof margins in the Senate, they were one seat shy of a similar majority in the House.

Wednesday’s House vote tally showed three Democrats failed to vote on the override, creating enough of a margin to meet the constitutional requirement.

Local representative Tricia Cotham was one of the three democratic house members absent from the vote. Cotham said she was in the hospital receiving treatment for her long COVID, but said she is opposed to the bill.

Republicans needed at least one Democratic member to join them, or as few as two Democrats not to vote.

The enacted bill also would allow guns on some school properties where religious services are held.

In 2021, Cooper successfully blocked standalone bills that separately contained the pistol purchase permit repeal and the ability for some congregants to carry their weapon at church services held at private schools. At that time, Democrats had enough seats to block any override attempt if they stayed united.

Mecklenburg County Sheriff Garry McFadden shared the following statement in response to the law:

“As the elected Sheriff of Mecklenburg County, I feel compelled to address the passing of Senate Bill 41 (SB41). I am disappointed that the North Carolina General Assembly has decided to override Governor Cooper’s veto. As sheriff of one of the largest counties in the state I am also disappointed that several lawmakers never afforded me the privilege to voice my concerns about SB41. I fully support the second amendment, but I believe removing local sheriff’s’ offices from the approval process puts our communities in danger for the sake of convenience. Although I may not agree with this decision, as Sheriff I will abide by all laws as I was elected to do.

“I’d like to thank my staff for their hard work, dedication, and the countless hours they have put in to meet purchase permit demands. Their work has not gone unnoticed, and I appreciate all they have done and continue to do.

“Effective Immediately, anyone seeking to purchase or transfer a handgun in Mecklenburg County is no longer required to apply to the Mecklenburg County Sheriff’s Office (MCSO) for a pistol purchase permit.

“Under North Carolina law, MCSO does not have the statutory authority to refund the $5.00 application fee for permits that were being processed when the law was repealed. G.S. 14-404(e) requires the submission of a $5.00 fee at the time of application and the law does not allow this fee to be refunded once the application has been submitted for processing.

“SB41 eliminates the pistol purchase permitting laws effective immediately regardless of any pending applications at the time of repeal. The bill did not provide a period for pending applications to either be approved or denied. Therefore, MCSO haswill ceased processing all pistol purchase permits, immediately.

“The passing of SB41 does not have any impact on our state laws governing the application for and issuance of concealed handgun permits. MCSO will continue to process concealed handgun permit applications in the same manner as before.”

Union County Sheriff’s Office statement:

“EFFECTIVE IMMEDIATELY, any person seeking to purchase or transfer a handgun in North Carolina is no longer required to apply to the Sheriff’s Office for a pistol purchase permit. All pistol purchase permitting laws in North Carolina have been eliminated by the enactment of Senate Bill 41, Guarantee 2nd Amend Freedom and Protections.

“The repeal of the State’s pistol purchase permitting laws does not have any impact on our State laws governing the application for and issuance of concealed handgun permits by the Sheriff’s Office. Our office will continue to process concealed handgun permit applications in the same manner as before the enactment of Senate Bill 41. For additional information pertaining to concealed handgun permits, please refer to the Union County Sheriff’s Office website or our free smartphone application.”

(PREVIOUS: NC Senate override’s Cooper’s veto on pistol permits)