Page 31 - WEST FOP BlueNote Nov-Dec 2017 Issue NEW FINAL

“Not So Final”… Cont’d from P. 27

House Bill 395 would have given the Police Benevolent Association (PBA) an appointee to the Criminal Justice

Education and Training Standards Commission. It passed in committee, but failed on the House floor in a vote of 52 in

favor and 64 opposed out of a total of 116 votes (with four non-voting or absent).

The Commission is comprised of 34 appointed members drawn from chiefs of police, district attorneys, the heads

of various State law enforcement agencies, and representatives from law enforcement officers and criminal justice asso-

ciations. Its duties include determining the criteria for initial and in-service mandated training, certifying all North Car-

olina officers except deputy sheriffs and detention officers, certifying instructors and disciplining officers. It also has

related duties such as the mandated training for the citizen concealed carry and retired officers pursuant to HR 218.

Neither the Fraternal Order of Police nor the PBA had a strong presence in North Carolina when the Commission was
first established in the early 1970’s.

Beginning about 20 years ago the FOP first attempted to secure a designated seat for its members. Each attempt

has met opposition, and on only one occasion -- in the 2015-2016 Legislative Session -- were we even able to have the

bill heard in committee. For the first 10 or 12 years, the PBA took the position that they did not want an appointment,

but in later years joined in with the FOP in seeking legislation to allow both associations to obtain a seat. Between the

two organizations, over 17,000 active and retired officers are represented. For some of the associations with a current

seat on the Commission, only a scant few officers are members.
The next interesting issue has been the plethora of “gun bills.” Bills expanding who can possess and carry, bills

expanding where a person can possess or carry, and bills expanding what a person can possess or carry. Throughout the

time the State Lodge has had a formal legislative advocacy program, and a paid lobbyist, the Fraternal Order of Police
has rarely involved itself in legislation effecting a citizen’s ability to carry a firearm. We did not take a position in the

mid-1990s on the bill that allowed citizens to apply for and obtain a permit to carry a concealed handgun, and since that

time there have been numerous bills to expand or to weaken this law, including the prohibiting crimes and the mental

health requirements. Other bills over the years have sought to change the pistol purchase permit requirement, modify

where a person can carry a weapon, including a firearm, open or concealed, and place limits on things like magazine

capacity.

For the most part no position is taken because the membership cannot reach a consensus; the view of the mem-

bership are as varied as the membership itself.

However, the Executive Board took the unprecedented action in early-summer of calling an emergency meeting
regarding House Bill 746. This bill, entitled, “Omnibus Gun Change,” has a number of varied provisions including
allowing assistant district attorneys to bring concealed weapons (and before being amended it said “weapons” and not
“firearm” or “handgun”) and allow legislators and their staff to bring them into the Legislative Building if they have a

permit. The main portions of the bill totally rewrites the concealed weapons (including handguns) laws of the State. This

alone was not enough to call the Executive Board to action. It was the threat to officer safety, and the safety of the public,

that caused the Board to weigh in.

The bill would eliminate in most cases the requirement to obtain a permit to carry a concealed handgun. It would

also allow anyone 18 or older to carry a concealed weapon, including for a handgun without a concealed carry permit, in

any place where a weapon can be carried openly. The law would still contain prohibitors to concealed carry, such as

conviction of a felony, unlawful use of drugs, mental illness, dishonorable discharge from the military, misdemeanor

crimes of violence, and a domestic violence protective order, but it would only be an infraction to violate the law. It had

cleared two committees and was headed to the House floor for a vote when the Executive Board took action on June 6th.
Following the Board’s vote the State Lodge office sent out a Press Release explaining the FOP’s position and

quoting President Randy Hagler. After a brief review of the most troublesome parts of the bill, the Release stated:

The Fraternal Order of Police, the nation’s oldest law enforcement association, with over 7,600 members in
North Carolina, rarely takes a position on such bills but its leadership says this most recent bill goes too far. “It’s
about the safety of the public and of officers,” said President Randy Hagler, a police chief and career officer,

whose son is also a police officer. Currently, you must be 21 years old and have a background check before

being issued a concealed handgun permit by a county sheriff. A person cannot have been convicted of certain

crimes, be prohibited under federal law, be subject to a domestic violence protective order or have been treated
for mental illness and be granted a permit. “Under the current law an officer knows a person with a permit has
been vetted by the Sheriff of his or her county of residence. That tells an officer a lot,” continued Hagler. “If

this bill passes a person with any of these issues still cannot lawfully carry concealed, but it is almost impossible

Continued on Page 33

www.ncfop.org 31