Should domestic violence victims be given emergency carry permits (NC says yes, but..

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Frandy

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I've been waiting to see if my governor would sign the bill (he did) and if he would express concerns (he did). My concern about this is that I want anyone who is given such an emergency permit TRAINED to handle a pistol. The worst thing that can happen (IMO) is the victim points the pistol at her abuser and has the weapon taken from her and used against her (yes, I'm assuming the victim is a female as most are).

I am not posting this to have liberals bashed, though that will happen. I am not posting this to rant about the joy of killing abusers. I'd like to know if your state has such a provision and what you think of this idea.

http://www.newsobserver.com/news/story/2768588p-9207281c.html

Domestic violence bill signed
But Easley is uneasy about telling victims how to apply for a concealed gun permit

By AMY GARDNER, Staff Writer


Gov. Mike Easley has signed a bill that would encourage victims of domestic violence to seek emergency concealed gun permits -- but he now wants lawmakers to reverse it.
Easley had "concerns," according to a spokeswoman, about the measure's central provision: a requirement that court clerks tell victims who obtain protective orders how to apply for an emergency carry permit.

The governor signed the bill late Saturday only after receiving assurances from House Speaker Jim Black that the requirement would be lifted in separate legislation, perhaps this week, Easley spokeswoman Cari Boyce said. Black spokeswoman Julie Robinson confirmed that account.

From the start, the gun-permit bill has raised objections from advocates for both law-enforcement agencies and victims of domestic violence. Called the "Domestic Violence Victims Empowerment Act," the bill was written and promoted by Grass Roots North Carolina, a gun-rights organization.

"Even the name of it is just twisted," said state Rep. Jennifer Weiss, a Cary Democrat who opposed the bill. "To think that to arm all victims of domestic violence is going to somehow solve domestic violence problems is really simplistic."

The bill's main sponsor, Republican state Rep. Mark Hilton of Conover, disagreed, and he accused Easley of gutting a bill that most North Carolinians would view as an appropriate way to help battered women defend themselves.

Most domestic violence victims -- about 95 percent -- are women.

"The only people who have to fear legislation like this are domestic violence offenders," Hilton said. "I don't know what the problem is."

The N.C. Coalition Against Domestic Violence, the N.C. Domestic Violence Commission and the N.C. Bar Association all opposed Hilton's bill, citing a statistical link between the presence of firearms in abusive relationships and the death of the victim. The N.C. Sheriffs' Association opposed an early version that eliminated sheriff discretion in awarding gun permits.

Opponents also noted that court clerks ought to be communicating much more to victims who seek protective orders than merely instructions on how to apply for a gun permit.

"This is the only mandatory information that courts would have to provide," said state Rep. Deborah Ross, a Raleigh Democrat. "We need to give a much more comprehensive look at the information that courts should be providing victims after they receive a protective order. Many need help with custody, housing, finances."

Easley chose not to veto the bill, Boyce said, because he believed an amendment in separate legislation would address his concerns.

Hilton noted that an amendment was easier to get through the legislature, since his bill emerged from both House and Senate by veto-proof majorities.

Hilton, a supporter of gun rights, also questioned Easley's support for gun owners' rights in general.

"He's just done what it takes to be elected governor," he said. "Now he's opposed to doing something that gun-rights people overwhelmingly support."

Victim advocates said they would be happy if Easley's amendment goes through. The advocates have not been especially outspoken about the bill, which may be one reason why it sailed out of both chambers with little discussion. But their reticence was in part because of a reluctance to alienate conservative lawmakers whose loyalties might be divided between gun rights and domestic-violence policy.

"We think domestic violence is a bipartisan issue," Beth Froehling of the Coalition Against Domestic Violence said. "We've had lots of support from both Democrats and Republicans on very important legislation."

Boyce, the governor's spokeswoman, said the governor was concerned that court clerks would lose the discretion to consider particular circumstances, such as the mental stability of the victim, when deciding what to tell them.

The amendment would not change language in the new law that allows sheriffs, who are responsible for approving or denying permit applications, to consider a protective order as evidence that an emergency xists. However, sheriffs may already consider such an order.

The amendment is likely to be attached to the House's "technical corrections" bill, an end-of-session measure that corrects legal errors in the year's previous legislation, Black spokeswoman Robinson said.

Staff writer Amy Gardner can be reached at 829-8902 or [email protected].
 
Grass Roots North Carolina, P.O. Box 10684, Raleigh, NC 27605
919-664-8565, www.grnc.org, GRNC Alert Hotline: (919) 562-4137

GRNC Alert 08-29-05:

EASLEY & BLACK BYPASS LEGISLATURE & GUT HB 1311

[Analysis] HB 1311, GRNC’s bill enabling domestic violence victims to protect themselves with concealed handgun permits earlier passed the NC General Assembly. Due to the maneuvering of the NC Sheriff's Association, it had already been stripped down to simply require notification to a victim of her right to obtain a Concealed Carry Permit and the procedures necessary upon the issuance of a protective order.

As it now sits on the Governor's desk, GRNC has learned that a "deal" has been struck between Gov. Mike Easley and Speaker Jim Black. In exchange for Easley's signature, Black will misuse a rule that allows him to make a "technical correction" to the bill and REMOVE THE NOTIFICATION LANGUAGE! The implications of this are further reaching than just for the gun owning community. If this is permitted it will allow the Governor and the Speaker of the House to alter bills not to their liking WITHOUT THE PERMISSION of the GENERAL ASSEMBLY.

IMMEDIATE ACTION REQUIRED

Contact the Governor and the Speaker:

Governor Mike Easley
http://www.governor.state.nc.us/email.asp?to=1
Phone: 1-800-662-7952
(919)733-4240, or (919)733-5811
Fax: (919)715-3175 or (919)733-2120

Speaker of the House Jim Black
[email protected]
Phone: 919-733-3451

DELIVER THIS MESSAGE

Dear [Governor or Speaker]:

I understand that a deal has been brokered to subvert the authority of the NC General Assembly in order to finish gutting HB 1311, Domestic Violence Victims Empowerment Act. This misuse of the "technical correction" rule is totally unacceptable and is a threat to the very fabric of our form of government.

This outrage must not be allowed to go forward. DO NOT "correct" HB 1311!

Sincerely,
A Concerned North Carolina Voter
 
What the bill does NOT do

The bill does not change any requirements for obtaining a license; it is simply a notification provision. The people who opposed this bill are opposed to right-to-carry in principle. They don't want anyone to have the right-to-carry -- PERIOD.
 
What about this?

Eliminate the waiting period and get them training. Women's anti domestic abuse groups could even act preemptively and provide training before the guys beat them. Local gun nuts could help out.
 
I have always been an advocate of mandatory training and that would certainly apply here.A gun is not a magic wand and the domestic violence cases have lots of emotion involved training is really necessary.
 
My concern about this is that I want anyone who is given such an emergency permit TRAINED to handle a pistol.

As I have said before, training is a solution. When advocating a solution, one should first have a problem -- and ideally there should be a relationship between problem and solution.

What's the problem?

I've heard advocates of training say, "Well, they should at least be able to strip and clean the gun." So the problem is too many dirty guns out there?

I've heard adevocates say, "They should have to pass a shooting test." So citizens are missing too many felons?

What's the problem that training is supposed to correct?
 
Training is a red herring

There is no elimination of a training requirement in the bill. All it does is require NOTIFICATION to domestic abuse victims that they CAN APPLY FOR A PERMIT.

I was present when the Senate Judiciary held a hearing on the bill, I read the bill, and listened to the testimony of the sponsor of the bill. Let me repeat this again:

There is no elimination of a training requirement in the bill. All it does is require NOTIFICATION to domestic abuse victims that they CAN APPLY FOR A PERMIT.
 
Hey 44BRENT, thanks for all the clarifications. Much appreciated.
 
Bad idea from my perspective. Turning totally untrained folks loose with guns is never a good idea. All I can see coming is accidental shootings and more misery.
I know that there are provisions for training in the bill, but that only points up the big hole in the argument. 15 min on the range does NOT make you qualified to carry. Better to just keep the domestic violence perp locked up.
 
Bad idea from my perspective. Turning totally untrained folks loose with guns is never a good idea. All I can see coming is accidental shootings and more misery.

Have you got statistics and particulars to back that up?

Can you show there is a real, existing problem that could be solved by training?
 
From the "gun rights" angle I'm all for this.

However, I agree with Frandy's concern.

The only time the inane argument "he'll just take your gun from you and shoot you with it" usually holds water is if the person has a gun that they are unwilling to use. If people have had no interest in owning a gun, or even fear them, then they suddenly have one with no experience, I can kind of see that actually happening if the person "chokes" and thinks the threat of the gun is enough to deter the attacker.

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The only time the inane argument "he'll just take your gun from you and shoot you with it" usually holds water is if the person has a gun that they are unwilling to use. If people have had no interest in owning a gun, or even fear them, then they suddenly have one with no experience, I can kind of see that actually happening if the person "chokes" and thinks the threat of the gun is enough to deter the attacker.

How often does this actually happen?

What evidence do we have that it can be "cured" with training?

And why are WE responsible for doing what the person with the gun ought to do for himself?
 
NC already has provisions for emergency issuance of a CCH. I know for fact because of personal experience. In my case I had to draft a letter to the sheriff detailing the request, reason for the request, court documents, and relevant investigator ID and phone numbers. The permit is then issued while the standard application is being processed.

If the state's idiot governor and slimeball House speakers make it into a notification bill, I think that's great as long as they go one step further and require the judge to inform the applicant of a RO that a RO is paper and also that LE will not protect them from the recipient of a RO. I think informing the victims that police will not protect them and that they can get a CCH permit to protect themselves will go a long way toward stopping abuse.
 
To think that to arm all victims of domestic violence is going to somehow solve domestic violence problems is really simplistic.

It's not alleged to or designed to 'solve [all] domestic violence problems', so that's a red herring. It IS designed to, and will in fact, solve a FEW of them, however...permanently.
 
Bad idea from my perspective. Turning totally untrained folks loose with guns is never a good idea. All I can see coming is accidental shootings and more misery.
NC does require training in order to get a permit. All this law does is to let people in danger know that a process of training and licensing even exists.
 
As a woman I am all for this type of law for many reasons. Many people espically women do not even know how to go about buying a firearm or that they can. There are many people who think you have to have a license and register your firearms just to own one. This is a right we are talking about not just a right to own a firearm but the right to self-defense and I feel it is immoral not to tell a citizen of their rights that can save their lives and their childrens. Could there be a bad outcome -----yes. But there could also be lives saved. One thing that gripes me about this board is the idea some hold that shooting a firearm requires alot of training. That is not true in most situations. Firearms are easy to use effectively. The sad thing is those of us who say we support the 2nd amendment really do not fight for it the way other interest groups do and hence we are behind. We started the game too late. Really the whole idea of having to get a permit to carry is a loss. I had a stalker about 9 years ago. It took a whole year to catch the guy. Total stranger. I did not have a permit and I had carried since 1977 at the age of 18. I told the police I did not have a permit and I was going to be armed. They said O:K. I did get my permit since there is a law for permits they can get you if you don't have a permit. We will never win this fight becasue so many in the fight are so used to the laws they do not remember when those laws were not there. I even kept my handgun in my dorm room in college it was totally legal back in the 70's. Now heaven forbid such a unlawful thing. Plus I was legal at 18 imagine that. Can you think of any other Constitutional Right that you have to PAY and have training for before exercising. Sounds alot like a poll tax and literacy test to me. Sometimes some are a little elitist.We really should demand no permits or at least if a permit is required the state should notify ALL citizens of the permit program and their rights and the class and training should be payed for by the state.
 
I have no objection to the cops or whoever letting someone know all of their options.

HOWEVER, I personally am against any special treatment for women. Its time people wised up to the fact that (gasp) there are a fair share of scheming, just plain evil women out there, just as many as there are men. I have known of any number of instances of vindictive women who use the "domestic violence" card when none happened (or they were the aggressors) to gain an advantage in court, for custody reasons--whatever. Its the same reason that women serial killers rarely get caught, and if they do, the average prison sentence is 7 years! (I saw a study on female serial killers where they said they thought that there were actually as many--possibly MORE--women serial killers as men--yet how many can you think of from the news the past 50 years? 1? )

Notification is one thing--then they need to get checked out like anyone else applying would have to--whatever the requirements are. If you want to put in a provision that someone who can demostrate extreme need can get an expidited process, that should be available to a male who has some extreme need as well.

Yes, I was raised to respect women and all that. But life has opened my eyes to the reality as well. I do not intend to express an "anti-female" sentiment, just a level playing field one. This should apply in all instances. If she makes more money, she pays the alimony or child support if he is judged the more fit and gets custody, etc.
 
Seems like a great idea.

Seems like this should be standard procedure for victims of a bunch of crimes -- stalking comes immediately to mind.
 
(a) What I think: The 2nd Amendment doesn't have a training requirement

(b) My state: I don't know if my state has an emergency issue clause, but I doubt it.

(c) I agree with Vern Humphreys. What problem is training going to solve? Why is it that when victims want a handgun to defend themselves, even supposedly pro-gun folks declare that they are an accident waiting to happen, while bad people who have never owned or used a gun before seem with astonishing consistency to be able to buy a gun and kill the intended victim without accidently offing half the surrounding county.

Training is a hollow argument.
 
+1 Kim
+1 Vern

Training:
To some point, you have to put the responsibility on the individual. Maybe she already does know how to shoot, and doesn't need the training. Maybe she knows the guy is going to come try and kill her this afternoon, and there's no time for full training. Maybe when she goes to the gun store she will see a poster for training classes, or the gun store worker will refer to a class they offer, or just direct her to the in-store range to practice a bit. That's what would happen in my local gun store. Or maybe the individual will consider the information given, and decide that she really shopuldn't carry until she gets some training. But in that case it is her responsibility and her decision.

The point is not, "is it better to have training than not have training." The answer to that one is obvious and noncontroversial.

The point is, we are talking about a situation where someone is facing a known danger. If for whatever reason they do not have a piece of paper documenting training, should they be denied the right to carry a gun for self-protection?

I'm not buying the red herring about false claims of domestic violence. Of course there are false claims, exaggerated claims, and cases where someone called the po-po for an argument that got too loud. Those are by no means the majority of domestic violence situations, but sure, they do happen. But I don't think it's really relevant to this situation. If a woman faking domestic violence decides to get a gun and shoot her estranged, well, I think there are already laws against that; nobody's proposing to excuse murder for women who fake domestic violence charges. And I doubt that being told she has a right to get a carry permit will be the tipping point for her whether or not she decides to kill her husband.
 
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