Introduction
The North Carolina General Assembly made considerable gains for Second Amendment rights in 2023. Most notably, the passage and subsequent veto override of Senate Bill 41 saw the repeal of the pistol purchase permit (a relic of the Jim Crow era) and the adoption of a law protecting the gun rights of North Carolinians in religious meeting places – two major policy victories for gun rights in North Carolina. While good work has been done, there is more to do to protect the fundamental rights of all North Carolinians to exercise their constitutional rights freely and safely.
Excessive politicization of an inherent right is keeping the gun debate at the forefront of society. Balancing public safety and preserving the textual integrity of the U.S. Constitution are paramount issues in American society and culture. Fortunately, for proponents of the Second Amendment, the courts and many state legislatures have broadened the scope of the amendment to bolster its original intent.
Given the recent victories on gun rights here in North Carolina, the time is now to adopt a clean constitutional carry law.
Constitutional carry, under which a person is not required to obtain a state permit to carry a firearm, is a reform that has made much headway in state legislatures across the country in recent years and has grown tremendously in just the past three years. Montana, Tennessee, Iowa, Texas, and Utah all passed constitutional carry in 2021. In 2022, Alabama, Ohio, Indiana, and Georgia joined the growing coalition of Second Amendment freedom states. Florida and Nebraska passed constitutional carry in 2023.
Now a total of 27 states (over 50% of the nation) allow citizens fully to exercise the right to carry without a special government-issued permit. Passing a clean constitutional carry bill has become the gold standard to determine if a state champions the Second Amendment’s original intent.
While having success in the General Assembly, Republicans in North Carolina have yet to pass constitutional carry, even when they had a supermajority in the General Assembly and a Republican governor. In contrast, West Virginia and Missouri were able to pass the measure even by overriding vetoes from Democrat governors. Three New England states – Maine, Vermont, and New Hampshire – have constitutional carry. It’s essential to note that constitutional carry doesn’t negate any federal firearm laws already in existence and doesn’t make it easier for those who can’t legally own a firearm to obtain one.
According to a study published in the Journal of the American College of Surgeons in 2018, states that have enacted constitutional carry show no increases in violent crime. Arizona, one of the first states to implement constitutional carry in 2004, saw a steep decline in the murder rate.
Constitutional carry won’t negate the importance of state-issued concealed-carry permits or something similar, depending on how lawmakers craft the legislation. State-issued concealed-carry permits still hold tremendous value for reciprocity in other states that still require permits. Additionally, the safety class required to obtain the state-issued permit to carry concealed under current law is an important class for anybody new to firearms and should always be encouraged for those less familiar with firearms. It is worthwhile not only for safety training purposes, but also for teaching the firearm laws of the state.
When it comes to constitutional carry, North Carolinians should ask lawmakers why the citizens of 27 other states are more deserving of broader Second Amendment protections. The concept of inherent rights and a high view of self-government make it too important not to ask that question.
Key Facts
- Twenty-seven states currently have constitutional carry or permitless carry.
- A 2018 study published in the Journal of the American College of Surgeons revealed no uptick in violent crime in states with constitutional carry.
- Constitutional carry does not negate the importance of state-issued concealed-carry permits, given that completing the training offers reciprocity with most other states and also that the training gives important information on safety and gun laws to those new to firearms.
- It also doesn’t negate federal firearm laws or help people who can’t legally own a firearm to get one.
- Constitutional carry simply means the U.S. Constitution is your permit to carry.
- Even in constitutional carry states, individuals and private businesses can still decide to exercise their property rights and prohibit firearms on their premises.
Recommendations
1. Pass a clean constitutional carry bill.
North Carolina should be a leading state when it comes to protecting the rights of the people, and that should include inherent rights guaranteed by the Second Amendment.
