chiefjason
Regular Member
Again, the headway is in CC on Gamelands. Here is the email I received a week or so ago.
Last week a set of regulation proposals was reviewed by our board of commissioners that will allow individuals with concealed carry permits to carry firearms concealed on game lands, boating access areas, wildlife conservation areas and fishing access areas except where the landowners have requested to be exempted from these rules. The exempted game land areas are: Buckhorn, Harris, Sutton Lake, Mayo, Hyco, Lee, Chatham, Pee Dee (north of US74, Butner-Falls, Jordan, Vance, Kerr Scott, Dupont, Bladen Lakes, and the portion of Wayne Bailey-Caswell north of US158 and east of NC119). These changes will then be open for public comment during our September public hearings and online on our website (www.ncwildlife.org). If adopted, the rules will go into effect on 1/1/12.
Dale Caveny
Here is my response with a follow up question regarding OC. I'll post any response I get in this thread.
Dear Mr. Caveny,
Thank you for your response. It is good to see the NCWRC trying to come in line with other agencies on this issue. I do have an additional question. I'm not sure if the people that are working on this understand something about NC firearms law. There are two types of carry allowed in NC; open and concealed carry. Concealed carry is a legislated privilege per Article 1, section 30 of the NC Constitution. However, the NC Supreme court has ruled in several cases that Article 1, section 30 should be interpreted that the right of the people to bear arms is the right to openly carry arms.
"It does not say that a citizen when beset with danger shall not provide for his security by wearing such arms as may be essential to that end; but simply that if he does do so, he must wear them openly, and so as to be seen by those with whom he may come in contact. " State v L. R. Speller
"This exception indicates the extent to which the right of the people to bear arms can be restricted; that is, the Legislature can prohibit the carrying of concealed weapons but no further. This constitutional guaranty was construed in State v. Speller, 86 N.C. 697, in which it was held that the distinction was between the "right to keep and bear arms" and the "practice of carrying concealed weapons." The former is a sacred right based upon the experience of the ages in order that the people may be accustomed to bear arms and ready to use them for the protection of their liberties or their country when occasion serves. " State v Kerner
So my question is this. Why is the NCWRC elevating the legislated privilege of concealed carry over the NC Constitutional right to openly carry arms? I think this is a serious issue for the Commission to address and consider. What authority does the NCWRC have to prohibit something that is the Constitutional right of every law abiding citizen in NC?
So why not lift the weapons restrictions to bring them in line with the Constitution of the state of NC?
Sincerely,
Lifetime Sportsman
Hickory, NC
The proposed changes can be found here as well. H 8 is the weapons changes I am talking about here. There will be a public comment period in September IIRC. You can make public comments in person at meetings across the state or via email. I say we address this. As soon as I see the meeting schedule I will pass it along.
http://www.ncwildlife.org/HotTopics/documents/2012-13_Proposals.pdf
Last week a set of regulation proposals was reviewed by our board of commissioners that will allow individuals with concealed carry permits to carry firearms concealed on game lands, boating access areas, wildlife conservation areas and fishing access areas except where the landowners have requested to be exempted from these rules. The exempted game land areas are: Buckhorn, Harris, Sutton Lake, Mayo, Hyco, Lee, Chatham, Pee Dee (north of US74, Butner-Falls, Jordan, Vance, Kerr Scott, Dupont, Bladen Lakes, and the portion of Wayne Bailey-Caswell north of US158 and east of NC119). These changes will then be open for public comment during our September public hearings and online on our website (www.ncwildlife.org). If adopted, the rules will go into effect on 1/1/12.
Dale Caveny
Here is my response with a follow up question regarding OC. I'll post any response I get in this thread.
Dear Mr. Caveny,
Thank you for your response. It is good to see the NCWRC trying to come in line with other agencies on this issue. I do have an additional question. I'm not sure if the people that are working on this understand something about NC firearms law. There are two types of carry allowed in NC; open and concealed carry. Concealed carry is a legislated privilege per Article 1, section 30 of the NC Constitution. However, the NC Supreme court has ruled in several cases that Article 1, section 30 should be interpreted that the right of the people to bear arms is the right to openly carry arms.
"It does not say that a citizen when beset with danger shall not provide for his security by wearing such arms as may be essential to that end; but simply that if he does do so, he must wear them openly, and so as to be seen by those with whom he may come in contact. " State v L. R. Speller
"This exception indicates the extent to which the right of the people to bear arms can be restricted; that is, the Legislature can prohibit the carrying of concealed weapons but no further. This constitutional guaranty was construed in State v. Speller, 86 N.C. 697, in which it was held that the distinction was between the "right to keep and bear arms" and the "practice of carrying concealed weapons." The former is a sacred right based upon the experience of the ages in order that the people may be accustomed to bear arms and ready to use them for the protection of their liberties or their country when occasion serves. " State v Kerner
So my question is this. Why is the NCWRC elevating the legislated privilege of concealed carry over the NC Constitutional right to openly carry arms? I think this is a serious issue for the Commission to address and consider. What authority does the NCWRC have to prohibit something that is the Constitutional right of every law abiding citizen in NC?
So why not lift the weapons restrictions to bring them in line with the Constitution of the state of NC?
Sincerely,
Lifetime Sportsman
Hickory, NC
The proposed changes can be found here as well. H 8 is the weapons changes I am talking about here. There will be a public comment period in September IIRC. You can make public comments in person at meetings across the state or via email. I say we address this. As soon as I see the meeting schedule I will pass it along.
http://www.ncwildlife.org/HotTopics/documents/2012-13_Proposals.pdf
