Handful of Republican Lawmakers Oppose North Carolina’s Constitutional Carry Bill

Thanks to the state’s Democratic governor and the fact that Republicans are one vote shy of a supermajority in the legislature, we knew that the push to make North Carolina the 30th state in the nation to adopt a permitless carry measure was going to be a challenge. A pair of Republican senators, however may have just killed the bill’s chances of becoming law this year. 

The full House is expected to vote on SB 50 this afternoon, but during the bill’s last hearing in the House Rules Committee, Republicans Ted Davis and William Brisson voted against the measure. 

A few other Republicans left the committee meeting before the roll call vote.

“My people at home are pretty much against it, I can tell you that. I wasn’t in favor of it. I can’t understand why it’s here to begin with,” Brisson said.

SB 50 was introduced because 29 other states have already adopted permitless carry without issue. The Supreme Court said in Bruen that “shall issue” licensing regimes are constitutional, but that doesn’t mean they’re required, and no other civil right comes with a requirement that a citizen first obtain a permission slip from the government before it can be exercised.

Davis, who represents New Hanover County, told The N&O, “I don’t see what the problem is requiring somebody, number one to get a permit, number two to access training to make sure they know what they’re doing with the gun that they’re buying.”

Brisson represents Bladen and Sampson counties. He switched parties from Democratic to Republican in 2017, telling WECT at the time that Democrats had become “so liberal.” 

Asked if he would vote against the gun bill on the floor as well, Brisson said, “if I vote, I will.”

Davis said that Republicans had not yet met about the bill, but said he heard that other Republicans also oppose the bill. House Republicans usually meet ahead of floor votes.

Davis said he’ll vote against the bill if it comes to a floor vote.

If Davis wants to know why requiring a permit is so problematic, he need only look at what’s been going on in Mecklenburg County over the past several years. Sheriff Garry McFadden has been sued on multiple occasions over lengthy delays in processing permits, including a lawsuit settled last year where plaintiffs had waited six months or more before being approved.  As part of the settlement McFadden is supposed to process permit applications within 45 days, but there’s nothing preventing sheriffs in the 98 other counties in North Carolina from slow-walking permit applications on their own if they choose. 

Davis told The N&O that he “had the same concerns when we did other bills previously, and that is, I don’t want it to be where a person just walks up to the counter and puts the money on there, and get a gun and buy some ammunition – just go out and start shooting.”

SB 50 doesn’t change anything about buying a gun, and background checks are still required at the point of sale of all retail transfers. 

Davis said a person’s criminal record should also be taken into consideration before allowing someone to conceal carry, particularly in domestic violence situations.

Rep. Cynthia Ball, a Raleigh Democrat, said the bill would mean “there are no guardrails” because nothing is required of them “until they get caught.”

That’s already the case. If someone is carrying in Charlotte, Wilmington, or New Bern right now, there’s no way of knowing until they get caught. The question is whether exercising your right to bear arms without pre-approval from the government should be a crime. It’s pathetic that any lawmaker would answer in the affirmative, much less those who claim to be Second Amendment supporters. 

SB 50 will almost certainly pass the House with wide margins if a vote is held today, but it won’t be a veto-proof majority. If permitless carry is going to become law in North Carolina this year, supporters are going to need a little bit of luck and some absences from opponents if and when the legislation comes up for a veto override attempt in the House. 

Second Amendment supporters still need to find candidates to challenge Davis and Brisson in the Republican primaries next year. Their opposition to a robust right to keep and bear arms is reason enough to replace them, even if by some stroke of luck SB 50 becomes law this session.