NC Senate overrides Cooper’s veto on pistol permits
North Carolina’s Republican-controlled Senate voted Tuesday to override the Democratic governor’s first veto of the session on legislation to loosen gun restrictions, teeing up the House’s first test of party unity under new operating rules.
#New: NC Senate votes to override @NC_Governor veto of SB41. That bill would make it easier buy a pistol by getting rid of pistol purchase permits that are approved by local sheriffs. This will now go to the House, where if they, too, vote to override the veto - SB41 will be law
— Hunter Sáenz (@Hunt_Saenz) March 28, 2023
The Senate voted 30-19 along party lines to revive a package of gun access measures that would scrap a requirement that handgun buyers obtain a permit from their county sheriff.
“What we’re doing in this bill would not make individuals less safe,” said Sen. Danny Britt, a Robeson County Republican and primary sponsor.
While Republicans hold a supermajority in the state Senate — the three-fifths required to bypass a veto from Gov. Roy Cooper — they are one seat short of a similar majority in the House.
Three House Democrats joined all present Republicans in voting for the gun bill earlier this month, indicating that an override might be possible for the first time since 2018. GOP House Speaker Tim Moore has called their potential to pull in some Democratic votes a “working supermajority.”
Mecklenburg County sheriff weighs in
Mecklenburg County Sheriff Garry McFadden told Channel 9 he supports the Second Amendment but believes eliminating his role in the approval process would be a dangerous move.
Others say it’s not only needed to overcome a permit backlog but that it’s their constitutional right.
Bryan Yerke, a concealed-permit instructor, has a pistol-purchase permit, which allows him to legally buy a handgun in North Carolina.
The permit is good for five years.
There are currently 218 purchase permits waiting to be approved or denied at the Mecklenburg County Sheriff’s Office.
Under current state law, local sheriffs must sign off on permit requests.
In Mecklenburg County, an applicant fills out the paperwork, is fingerprinted, and undergoes a background check.
The sheriff’s office then checks their mental health records with the major healthcare providers in the state.
The process can be long.
“A right delayed is a right denied,” Yerke told Channel 9.
That is one of the reasons that the GOP-led legislature wants to get rid of the pistol-purchase permit and instead, rely on the national background check system.
“I think it will be a mistake,” McFadden said.
McFadden doesn’t like the idea of only using the national background check system.
“I think it is putting us in a bad position,” the sheriff said. “It is jeopardizing the safety of our counties, communities, cities.”
McFadden said he would rather have his department continue its background and mental health checks.
“That national check includes all 50 states and territories and yeah, that’s enough for me,” Yerke said.
Yerke said he supports a legislative override that would make it easier to buy a handgun.
It is also something that McFadden would have to come to terms with if it becomes law.
“Absolutely, we will follow the law. Will I worry at night? I’ll still worry at night,” McFadden said.
House set to hold vote
The House is scheduled to hold an override vote Wednesday morning, Moore said.
New House rules passed earlier this year eliminated a 48-hour notice for override votes and enabled them to take place on the same day the bill is received from the Senate or the governor. Some override outcomes could come down to who is present on the chamber floor at the time of the vote.
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While Republicans have said the sheriff screening process to buy a pistol is no longer necessary in light of significant updates to the national background check system, Democrats warned that without it, criminals and people with mental illnesses could more easily obtain weapons.
They said the repeal would create a loophole as background checks are not mandatory for private gun sales or exchanges between individuals, which require only the sheriff-issued permit.
Sen. Sydney Batch, a Wake County Democrat, reminded lawmakers that they were deciding whether to expand gun access a day after six people were killed in a school shooting in neighboring Tennessee.
Britt had urged the senators earlier Tuesday not to use the Tennessee shooting to “score political points.”
“While six families woke up this morning in Nashville grieving the agonizing loss of their children and loved ones, we are here today to make it easier for people hell-bent on causing mass carnage to buy a gun,” Batch said.
Bill supporters argue private exchanges make up a very small percentage of total gun sales and that criminals probably aren’t obtaining permits anyway.
Cooper, in 2021, successfully blocked standalone versions of the pistol purchase permit repeal and another provision allowing guns on some school properties where religious services are held.
Guns would not be permitted on campus during school hours or when students are present for extracurricular activities. Gun owners can already carry at freestanding churches that opt in.
Cooper called it “outrageous” that GOP leaders announced the Senate vote in the immediate aftermath of the Tennessee school shooting.
“Hours after children were shot to death in their school, NC GOP leaders announced a vote to eliminate strong NC background checks and make it easier for dangerous people to buy guns and take them on some school grounds,” the governor said in a tweet.
The Associated Press contributed to this story.
(WATCH BELOW: North Carolina Senate OKs gun bill with pistol permit repeal)