Letter to the Editor: Senate Bill 50
- Topsail Times
- 1 day ago
- 4 min read
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Opinion Piece Submitted by John Michael Moore
Several keep asking about the pending change to North Carolina's Concealed Carry Handgun Law. Recent headlines imply that it is already in place. Those headlines are incorrect and can get a person into a lot of trouble.
It's not law yet but it's probably coming. Maybe but it still a few steps to go.
The North Carolina House passed its first reading of Senate Bill 50, which would allow residents to carry concealed weapons in public without a permit if and when implemented. Though the Senate approved the bill last week, it's now in committee and must pass two additional readings in the House before being sent to Gov. Josh Stein's desk, who could still veto it.
Though, Senate Leader Phil Berger shot down a similar proposal in 2023, he's actually a co-sponsor of SB50, marking a significant shift in his thinking on the legislation. A similar House bill that would allow state lawmakers to carry concealed weapons into places where guns are otherwise banned has been in committee for a few weeks. It's not yet clearly evident how that provision will proceed.
Senate Bill 50 IS NOT an open ticket for anyone and everyone to carry concealed weapons. Those currently prohibited for the most part would remain prohibited. If found carrying. such individuals would in most cases be facing felony charges.
Those prohibited from legally carrying a concealed weapon without a permit are still prohibited even when the bill is implemented. The punishment for illegally carrying actually increases, especially if during the commission of a violent crime.
The prohibited persons include anyone ineligible to own or possess a firearm, convicted felons, military veterans who receive anything other than an honorable discharge, people who have been convicted of domestic violence, crimes against law enforcement or anyone who has been convicted of DWI within the past three years. The bill also restricts against people who have been found in court to be mentally ill or incompetent.
Persons who meet certain criteria will still have the opportunity to file through the courts for a hearing for restoration of firearms rights, however most federal restrictions are pretty permanent.
Current state law requires North Carolinians seeking a concealed carry permit to take the North Carolina Concealed Handgun Safety Course, to get the permission of their local sheriff and pass tests on firearm safety and accuracy, as well as tests on laws related to guns and self-defense during that class.
Though SB50 would make that system optional, meaning North Carolinians who are eligible to own a firearm wouldn't be required to go through those steps to carry that weapon, the class is still strongly recommended because of the 8hr block on the laws in the class. Not knowing a law is no excuse for violating a law. and those who assume often find themselves in unexpected, unwanted crisis when the damage has already been done.
The permit isn't going away entirely, and it is still strongly recommended for those who travel, and or are in the military. One might ask "Why?" There's a pretty doggone good reason. Many states including some who recognize Constitutional Carry for their own residents, only allow people visiting their state to carry concealed guns if they have a permit from another state, usually the state in which they reside or declare as their home of record.
Permits would still be available, as many states allow people to carry concealed guns if they have a permit from another state.
Keep in mind that all of this is still not yet law here in North Carolina. House Bill 50 still has to go through two more readings in the house, surviving those it then proceeds to the governor's desk. Then there is the possibility of a veto in which case there has to be an override vote in the Senate which is not so easy to become law. So it may be a while yet. In reality not much really changes in the course of humanity. Responsible people will still act responsibly and abide by law. Irresponsible people will still act irresponsibly. When they break the law and get caught they will still face consequences.
I am not writing this in favor nor against the passage of House Bill 50. It is only to clarify where it is at the the process at this time. Simply put. Several recent headlines have been wrong and can get a person into trouble. House Bill 50 is in the pipes and coming down the line BUT, and this is important for those thinking about carrying concealed, IT'S NOT LAW YET! Pardon the pun but don't jump the gun. A little patience is a really good idea right now.