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Masks and Concealed Carry in North Carolina

Masks and Concealed Carry in North Carolina

 

 

 

The NC Sheriff’s Association Released Clarification on Masks and Concealed Carry in NC

“Questions have arisen about information circulating on social media regarding the ability of persons with a valid concealed handgun permit to carry a concealed handgun while wearing a mask.

Summary

There is no law in North Carolina that specifically prohibits a person with a valid concealed handgun permit from lawfully carrying their handgun concealed while wearing a mask.
However, wearing a mask by anyone in some circumstances is a misdemeanor and in other circumstances it is a felony. A person who is convicted of a felony will have their concealed handgun permit revoked and will not qualify for the issuance of a new concealed handgun permit. A misdemeanor conviction will have no impact on a person’s concealed handgun permit.

Wearing a Mask in Public is a Misdemeanor

G.S. 14-12.7 through G.S. 14-12.10 make it a Class 1 misdemeanor for a person to wear a mask on any public walkways or roadways, while on the public property of State or local government, while holding meetings or demonstrations, or while on private property without the prior written permission of the property owner.
There are limited exceptions that allow masks to be worn for traditional holiday costumes, persons engaged in trades and employment where a mask is worn for the purpose of ensuring the physical safety of the wearer, etc., in theatrical productions including Mardi Gras celebrations and masquerade balls, in civil defense drills and exercises or emergencies, while riding a motorcycle to protect the rider’s face, and other limited situations.

Wearing a Mask While Committing Certain Acts is a Felony

G.S. 14-12.12 through G.S. 14-12.14 make it a Class H felony for a person, with the intent to intimidate, to: (1) wear a mask while placing or causing to be placed a burning or flaming cross (whether real or simulated) on the property of another, on any public property or on any public street or highway; or (2) place any exhibit (such as a noose for hanging) anywhere in the State while wearing a mask.
The limited exceptions to the misdemeanor offenses described above DO NOT apply to these felonies.

Senate Bill 704 Temporarily Authorizes Masks in Public for Health & Safety Due to COVID-19

With the enactment in May, 2020 of Section 4 of Senate Bill 704, a person is now temporarily authorized to wear a mask in public and on private premises (such as in a shopping mall) for the “purpose of ensuring the physical health or safety of the wearer or others.” The person wearing a mask for health or safety reasons must remove the mask upon the request of a law enforcement officer during a traffic stop (including at a checkpoint or roadblock) or criminal investigation.
This temporary authorization only applies to the misdemeanors described above but DOES NOT apply to the felonies described above.
This temporary authorization expires on August 1, 2020. If the General Assembly does not extend this temporary provision of law, it will again be a Class 1 misdemeanor for any person to wear a mask in public (including those with a concealed handgun permit whether or not they are carrying a concealed handgun) unless one of the other exceptions described above applies.

Ability to Keep a Concealed Handgun Permit With a Criminal Conviction

Per G.S. 14-415.12 and G.S. 14-415.18, a person with a North Carolina issued concealed handgun permit that is convicted of a felony, including the Class H felony offenses described above, will have their concealed handgun permit revoked and will not qualify for the issuance of a new concealed handgun permit.
If a person with a concealed handgun permit commits the Class 1 misdemeanor offense of wearing a mask in public after August 1, 2020, that person would still qualify to possess the concealed handgun permit unless the judgment or condition of probation issued by the court prohibits the person from possessing a firearm.”
New: Concealed Carry Prep Class

New: Concealed Carry Prep Class

A New Class: A Concealed Carry Preparatory Class

We begin a new “Concealed Carry Prep” class in March. It is short, and available through our scheduling portal, here.

Why A Concealed Carry Prep Class?

In our experience, there are people who want to obtain a concealed carry permit, but who never (or seldom) handled or fired a handgun. We recommend beginners take a preparatory course before taking the NC Concealed Carry Handgun Training (CCHGT) since there are gun handling expectations in it beginners do not have. This class prepares the applicant to meet that expectation.

This is NOT a concealed carry class! It is a only preparatory class for those who have little to no experience handling or firing a handgun. The purpose of this class is to give the student the gun handling experience necessary for a Concealed Carry Handgun Training course.

How Long Is The Class?

This class is very manageable. It takes two hours, only, and is by appointment, so you can take the class at your convenience.

What Does The Class Cover?

Topics in this non-shooting class include safety rules for firearms, parts of a handgun, shooting positions, field stripping, cleaning, preparation for firing, and clearing minor malfunctions. Also included is a session with laser training devices to introduce you to the fundamentals of sight alignment, sight picture, and trigger press.

What Do I Need For The Class?

All books, training material, and equipment are provided by LNPDSA. Applicants have the option of purchasing a “Basics of Pistol Shooting” handbook on the registration page.

How Much Does It Cost?

The cost of the class is $40. Payment is due at the beginning of class, and may be paid by cash, check, or credit card.

How Do I Sign Up For It?

You can sign up for the Concealed Carry Prep Class, here. Sign up more than one person by increasing the “Quantity” button on the registration page.

Want More Information?

If you desire more information, use the “Contact Us” link at the top of the page, or call us at 252.497.2965.

 

Gift Certificates for 2020

Gift Certificates for 2020

Why Not Get A 2020 Concealed Carry Training Class Coupon?

Is a Concealed Carry Permit on your 2020 to-do list? Is a Concealed Carry Permit on the 2020 to-do list of someone you know? Purchase a Concealed Carry Class Coupon for yourself, now, that is good for a certified NC Concealed Carry Training Class in any of our 2020 training sessions! Or purchase one for someone you know who wants to apply for a NC concealed carry permit.

Need more than one seat in a class? Simply increase the certificate quantity to meet the number of seats you desire.

Have more than one person in mind? Simply purchase a certificate for each person on your list.

Click here to purchase a Coupon redeemable for any one of our One-day or Two-day NC Concealed Carry Handgun Training classes in 2020 given by a certified instructor at our location. Once purchased, a certificate can be printed (or emailed) as you desire. Each certificate is good for 415 days, plenty of time to attend a class before the end of 2020.

On successful completion of the training class, participants 21 years old and older receive the NC DOJ Certificate of Completion required to apply for a NC Concealed Carry Handgun Permit.

2019 and the Second Amendment

2019 and the Second Amendment

Threats to the Second Amendment in 2019

There is little doubt the year 2019 will be a rocky one for firearm owners and second amendment advocates. The change of majority in the U. S. House of Representatives places a vocal anti-firearm, pro gun-control crusader as the Speaker of the House, who, by the way, controls the flow of proposed bills brought before the house for voting. There have already been a flurry of bills pre-filed that are simply awaiting the investiture of the new Congress. Among them is a proposal to revoke the right of the individual to make, or modify, a firearm, as well as prohibiting the advertising and sale of firearm parts.

Focus on Prohibiting Access Rather Than Punishing Crime

A trend among gun control advocates seems to be developing that concentrates on preventing criminal violence with firearms by attacking the supply side. Ostensibly, if the supply of firearms is curtailed crime involving them will be curtailed. However, the federal government’s own research documents demonstrate that premise is not statistically supportable.

Controlling access to firearms is often compared to limits on speech. The most common analogy is to compare restrictions on firearms to restrictions on speech in that one cannot, legally, shout “fire” in a theater without incurring criminal proceedings. If one carries out the analogy, requiring background checks before firearm purchases would be analogous to requiring background checks before you can go into a theater. Similarly, curtailing purchases of firearms to certain age groups because they might be used in a crime would be analogous to prohibiting movie goers of certain age groups from going into a theater because they might yell “fire.”

If supply side curtailment is so effective, how is it there is epidemic-scale abuse of illegally obtained drugs in the U. S.?

Background Checks

We addressed background checks in an earlier post, but the frequency with which gun control advocates bring up “universal background checks” warrants another look. Currently, background checks serve to prevent prohibited persons, such as convicted felons, from purchasing firearms. A typical gun control argument is “loopholes” that serve to circumvent background checks must be addressed. One such “loophole” is the private sale between firearm owners, which gun control advocates charge allow criminals access to firearms, especially at gun shows. A system of “universal background checks” would, ostensibly, ensure any buyer is not prohibited from owning or possessing a firearm at the point of sale. However, a “universal background check” system could also prevent parents from buying a firearm intended for their child, since allowing a minor to possess (while hunting, for example) that firearm would violate the “universal background check” law.

The most insidious aspect of “universal background checks” is the de facto, centralized, universal gun registration it requires. In order to trace an illegal transfer of a firearm under a “universal background check” system, that is a transfer that occurred without a background check, the serial number of the firearm has to be linked to a specific individual. In other words, the government has to know who owns what firearm(s) for the system to work. Then, if a firearm is discovered in the possession of someone else without the requisite background check, the possessor is automatically a felon, and very likely the seller as well. A “universal background check” system gives the government centralized gun registration without ever directly proposing gun registration.

Taxes and Insurance

New York state legislators recently proposed a requirement that firearm owners in NY purchase a 1 million dollar liability insurance policy. Other proposals, at both local and federal levels, include levying additional taxes on the purchase of firearms, and ammunition. The gun control argument is that the additional taxes can fund research of violence with firearms. Initially, such taxes would likely be modest to avoid rejection. However, once imposed, firearm and ammunition taxes can be increased far more easily, usually at a bureaucratic level without representative legislation. Gun control advocates could easily leverage existing taxes on firearms to make them too expensive for most people to purchase.

Corporate Control

I almost forgot this one. Banks (e.g., Bank of America and Citibank) are one of the corporate entities beginning to deny services to customers that sell or purchase firearms. In related financial gun-control steps, some insurance companies that once issued liability insurance to firearm instructors no longer offer it. Other corporations restrict sales to otherwise legally eligible citizens, and some went so far as to remove from sale, and destroy firearms they considered dangers to society. The good news is that since corporations are profit driven entities, we can deny them our money by buying and transacting business elsewhere.

Another of the avenues to restrict firearm sales by corporations is through merchant accounts. Credit and debit cards are processed through third-party clearing houses. A few already have policies that prohibit firearm sales through their portals. Gun-control advocates are actively recruiting other merchant account processors to follow suit.

One new call upon credit card corporations by gun-control advocates is to track firearms transactions purchased by their cards and create private firearm registries. So far, the reaction by card companies is that private transactions are that, private, and they have rejected calls to create explicit firearm registries.

Outright Gun Bans

One of the targets of gun control advocates is the “assault rifle,” or “military style weapon,” followed closely by all semi-automatic firearms (ironically, virtually every style of civilian firearm was derived from a similar, if not identical, military weapon of its era). Latching onto a politically motivated phrase from the late 1940s, and fomenting fear through imprecise language, gun control advocates deem semi-automatic firearms threats to society. It is likely their first efforts will concentrate on the AR-15, erroneously equating “AR” with “assault rifle” to garner support for banning firearms that have some combination of cosmetic features, such as pistol grips, bayonet lugs, movable buttstocks, muzzle devices, and removable magazines. After AR-15 style firearms are banned, expect all semi-automatic firearms to be subject to similar bans, such a banning thumb-hole rifle grips, adjustable cheek risers, and so on.

A question that frequently rises from gun control advocates is “why do you need an AR-15?” Surprise. In the United States, property ownership is not grounded in “need.” Ownership of property is a universal right that is external and antecedent to any governing body. That means that citizens’ rights do not begin with, or emanate from the state. In point of fact, the Constitution of the United States was written to limit state (as in state and federal) intrusion on citizens’ rights. Amendments 2, 3, and 4 of the Bill of Rights recognize property rights of individuals, and restrict the federal government from infringing on them.

Red Flag Laws

A recent flurry of legislation around the U. S. introduced “red flag” laws (aka, “risk protection orders”), a legal maneuvering whereby someone designated by the law can initiate an ex parte (one-sided) petition before a court that a firearm owner may pose a danger to him or her self, or others. Granting the petition gives civil authorities permission to seize the defendant’s firearms. At least one second amendment advocate noted every state in the Union already has mechanisms to declare someone mentally incompetent, and therefore ineligible to own or possess firearms. She also noted these established mechanisms do not infringe on the right to due process and rebuttal, as the ex parte legislation does. That is, under ex parte rulings, a complainant can begin the process whereby a gun owner’s firearms may be confiscated without the gun owner being permitted to rebut the charges until after your firearms have been seized, if then. Further, most “red flag” laws allow civil authorities to seize your firearms indefinitely, and most have no mandate that requires their return. Under these conditions, firearms only can be claimed, and returned, after costly and time consuming legal rebuttals, and court proceedings. Once again, pricing firearm ownership out of existence.

“Red flag” laws are insidious in that they are not triggered by the commission of a crime, but rather by someone who thinks another person may potentially commit a crime by harming others, or may potentially be a danger to him or her self. Where domestic violence ex parte protective orders are initiated after a domestic attack to thwart another attack, “red flag” ex parte orders need no antecedent crime for their authorization. “Red flag” laws severely threaten constitutional protections such as the right to free speech, the right to possess arms, protection against unlawful seizure of property, right to trial by jury, the right to be represented by counsel, and one’s right to face accusers, among others.

Interestingly, the U. S. Congress is considering adding financial carrots to states that implement “red flag” laws through grants.

Oh, By The Way, No Duty to Protect

For those who may claim that personal firearms for self defense are unnecessary because the police and sheriffs are there to protect us, court cases in New York and Florida, upheld by the D. C. Circuit Court of Appeals, consistently posit civil authorities have no legal duty to protect individuals.

Remedy

A remedy that we, as gun owners, have is to support organizations that fight infringements on the Second Amendment, organizations such as the Gun Owners of America, the Second Amendment Foundation, and the Firearms Policy Coalition. Joining and supporting them financially gives us, the American gun owner whose right to gun ownership is constitutionally protected, a collective voice to thwart infringement. The threats to gun ownership are serious and escalating. It is a matter of death by a thousand cuts. Our “Related Organizations” page offers links to many of these organizations.

January and February Training

January and February Training

Concealed Carry Handgun Training in January and February

January and February are typically the coldest months of the year, here, in eastern North Carolina (I know–folks used to more severe winters, below freezing temperatures for weeks, and feet of snow scoff at our whining about 30 degree weather, and think our shutting down after a 1-inch snowfall incredulous). We conduct our CCHGT shooting proficiency outdoors, and we know that cold, and rainy days negatively impact proficiency. However, on any given day the temperature may well rise into the 40s or 50s, giving us a reprieve from the cold.  That said, it would be a shame to let those mild days pass without training.

So, during January and February we will keep an eye on the weekly weather forecasts. If the forecasts suggest an upcoming warm(ish) Saturday, then LNPDSA will schedule a Saturday Concealed Carry Handgun Training practicum. Watch the website. When a mild Saturday is forecast, we will publish a post with the particulars for the anticipated training day (certain subscribers get notified by email, as well).

Subscribe through our “Stay in Touch” page to you receive email when the weather forecasts predict weather mild enough to  convene a Saturday Concealed Carry Handgun Training practicum.

The Tuesday/Thursday CCHGT classes will continue every other week since the shooting proficiency is scheduled separately. We will simply have to be diligent about watching for mild days to complete the shooting practicum, and arranging times appropriately.