News: Quick Takes

Hudson-sponsored concealed carry bill heads to Senate

Rep. Richard Hudson, R-8th District, at an October 2017 tax-reform town hall. (CJ file photo)
Rep. Richard Hudson, R-8th District, at an October 2017 tax-reform town hall. (CJ file photo)

U.S. Rep. Richard Hudson, R-8th District, passionately urged his colleagues Wednesday to pass major Second Amendment legislation allowing concealed carry permit holders to transport weapons across state lines without fear of prosecution.

The Concealed Carry Reciprocity Act of 2017 (H.R. 38) passed 231-198, and moves to the Senate, where it will require support from at least eight Democrats to reach the necessary 60 votes for passage. Seven Democrats currently serving voted for a similar bill.

The National Rifle Association, Gun Owners of America, and other Second Amendment organizations support the bill. Attorneys general in 24 states — but not North Carolina Attorney General Josh Stein — signed a letter supporting the bill as a measure defending the constitutional right to self-defense.

H.R. 38 could eliminate a confusing patchwork of state laws. Some states allow reciprocity, or recognition of other states’ laws, and some don’t. Some states recognize the laws of certain states but not others. H.R. 38 would make reciprocity uniform nationally.

“[Critics will] stand up and claim all kinds of doomsday scenarios about how we’re going to increase crimes, we’re going to increase the number of weapons out there, we’re going to turn the cities into the Wild West,” Hudson said Wednesday on the House floor.

“I find it ironic that we’re being lectured to by people from big cities with a lot of gun control measures, but have some of the worst crime in the nation. They’re worried about people coming from other places where we don’t have crime,” Hudson said.

He said more than half the states recognize permits from every other state, and states and municipalities could still restrict where guns are carried in their communities.

Evidence suggests violent crime and gun crime decrease where concealed carry laws are in effect, Hudson said. He cited a study from Florida and Texas that showed off-duty police officers commit crimes more frequently than concealed carry permit holders.

“For every freedom-loving American who exercises their Second Amendment right, today is your day. For the 73 percent of Americans who support concealed carry, today is your day. For the 15 million concealed carry permit holders out there, today is your day,” Hudson said. “And finally to the single mothers out there who just want to protect themselves and their families, today is your day.”

U.S. Rep. Virginia Foxx, R-5th District, voted for H.R. 38.

“When the Founding Fathers penned the Second Amendment, the right of people to keep and bear arms was intended to empower individuals — a principle that has been solidified by recent Supreme Court decisions,” Foxx said in a statement.

“Responsible gun owners who hold a concealed carry permit from their state’s jurisdiction should be empowered to travel to other states that allow concealed firearms without fear of prosecution — and this bill accomplishes exactly that,” Foxx said.



  • Fremont V. Brown III

    The NCFRM wishes to show our support for the 2nd amendment of the
    U.S. Constitution, the Supreme Law of the United States, by reminding
    our elected officers both Federal and State of their Oath of Office. We
    wish that our member Clubs and our Individual members to contact them
    and remind them to follow their Oath of Office and support the 2nd
    Amendment by repealing ALL unconstitutional Arms laws, regulations, and
    rules. Please, use the following examples for ideas in writing their own
    emails, faxes and letter to our elected officials.

    About Unconstitutional Federal Arms laws, regulations and rules.

    Oath of Office: “The Senators and Representatives before mentioned,
    and the Members of the several State Legislatures, and all executive and
    judicial Officers, both of the United States and of the several States,
    shall be bound by Oath or Affirmation, to support this Constitution;
    but no religious Test shall ever be required as a Qualification to any
    Office or public Trust under the United States.”

    — U.S. Constitution, Article VI, clause 3

    Oath of Office – U.S. Senators and Representatives

    “I, (name of Member), do solemnly swear (or affirm) that I will
    support and defend the Constitution of the United States against all
    enemies, foreign and domestic; that I will bear true faith and
    allegiance to the same; that I take this obligation freely, without any
    mental reservation or purpose of evasion; and that I will well and
    faithfully discharge the duties of the office on which I am about to
    enter. So help me God” (5 U.S.C. §3331).

    The Second Amendment of the U.S. Constitution, the Supreme Law of the Land states:

    A well regulated Militia, being necessary to the security of a free
    state, the right of the people to keep and bear arms, shall not be
    infringed.

    Note: the people form the Militia, so the right is of the people, NOT the Militia.

    The Second Amendment protects the rights of all citizens of the
    United States and its territories. And puts limits on the powers of the
    Federal and State Governments, plus EVERY other government in the United
    States. No Government can violate a citizens rights guaranteed to them
    under the U.S. Constitution.

    Therefore, any and ALL Federal and State including any governments
    within a State, whose laws concern ARMS are infringements and are
    ILLEGAL under the U.S. Constitution and are therefore Null and Void as
    they are Unconstitutional. And this is the point of this paper. In order
    to be in compliance with they oath of office, our Senators and
    Representatives need to repeal all laws, regulations and rules
    concerning Arms. Please, keep in mind that the insane and criminal do
    not obey laws.

    Unconstitutional Official Acts 16 Am Jur 2d, Sec 177 late 2d, Sec 256:

    The general misconception is that any statute passed by legislators
    bearing the appearance of law constitutes the law of the land. The U.S.
    Constitution is the supreme law of the land, and any statute, to be
    valid, must be In agreement. It is impossible for both the Constitution
    and a law violating it to be valid; one must prevail. This is succinctly
    stated as follows:

    The General rule is that an unconstitutional statute, though having the
    form and name of law is in reality no law, but is wholly void, and
    ineffective for any purpose; since unconstitutionality dates from the
    time of it’s enactment and not merely from the date of the decision so
    branding it. An unconstitutional law, in legal contemplation, is as
    inoperative as if it had never been passed. Such a statute leaves the
    question that it purports to settle just as it would be had the statute
    not been enacted.

    Since an unconstitutional law is void, the general principles follow
    that it imposes no duties, confers no rights, creates no office, bestows
    no power or authority on anyone, affords no protection, and justifies
    no acts performed under it…..

    A void act cannot be legally consistent with a valid one. An
    unconstitutional law cannot operate to supersede any existing valid law.
    Indeed, insofar as a statute runs counter to the fundamental law of the
    land, it is superseded thereby.

    No one is bound to obey an unconstitutional law and no courts are bound to enforce it.

    About Unconstitutional N.C. Arms laws. Regulations and rules.

    There seems to be the “appearance” that Members of the North Carolina
    legislature seem to have forgotten the following Oath that they ALL
    must take and bear true faith and allegiance to.

    § 11-7. Oath or affirmation to support Constitutions; all officers to take.

    Every member of the General Assembly and every person elected or
    appointed to hold any office of trust or profit in the State shall,
    before taking office or entering upon the execution of the office, take
    and subscribe to the following oath:

    “I, ___________, do solemnly and sincerely swear that I will support
    the Constitution of the United States; that I will be faithful and bear
    true allegiance to the State of North Carolina, and to the
    constitutional powers and authorities which are or may be established
    for the government thereof; and that I will endeavor to support,
    maintain and defend the Constitution of said State, not inconsistent
    with the Constitution of the United States, to the best of my knowledge
    and ability; so help me God.” (1781, c. 342, s. 1, P.R.; R.C., c. 76, s.
    4; Code, s. 3312; Rev., s. 2358; C.S., s. 3194; 1985, c. 756, s. 5.)

    As the Second Amendment of the U.S. Constitution, the Supreme Law of the Land states:

    A well regulated Militia, being necessary to the security of a free
    state, the right of the people to keep and bear arms, shall not be
    infringed.

    Note: the people form the Militia, so the right is of the people, NOT the Militia.

    The Second Amendment protects the rights of all citizens of the
    United States and its territories. And puts limits on the powers of the
    Federal and State Governments, plus EVERY other government in the United
    States. No Government can violate a citizens rights guaranteed to them
    under the U.S. Constitution. Therefore, any and ALL Federal and State
    including any governments within a State, whose laws concern ARMS are
    infringements and are ILLEGAL under the U.S. Constitution and are
    therefore Null and Void as they are Unconstitutional. And this is the
    point of this paper. In order to be in compliance with they oath of
    office, our Senators and Representatives need to repeal all laws,
    regulations and rules concerning Arms. Please, keep in mind that the
    insane and criminal do not obey laws.

    Unconstitutional Official Acts 16 Am Jur 2d, Sec 177 late 2d, Sec 256:

    The general misconception is that any statute passed by legislators
    bearing the appearance of law constitutes the law of the land. The U.S.
    Constitution is the supreme law of the land, and any statute, to be
    valid, must be In agreement. It is impossible for both the Constitution
    and a law violating it to be valid; one must prevail. This is succinctly
    stated as follows:

    The General rule is that an unconstitutional statute, though having the
    form and name of law is in reality no law, but is wholly void, and
    ineffective for any purpose; since unconstitutionality dates from the
    time of it’s enactment and not merely from the date of the decision so
    branding it. An unconstitutional law, in legal contemplation, is as
    inoperative as if it had never been passed. Such a statute leaves the
    question that it purports to settle just as it would be had the statute
    not been enacted.

    Since an unconstitutional law is void, the general principles follow
    that it imposes no duties, confers no rights, creates no office, bestows
    no power or authority on anyone, affords no protection, and justifies
    no acts performed under it…..

    A void act cannot be legally consistent with a valid one. An
    unconstitutional law cannot operate to supersede any existing valid law.
    Indeed, insofar as a statute runs counter to the fundamental law of the
    land, it is superseded thereby.

    No one is bound to obey an unconstitutional law and no courts are bound to enforce it.

  • Geo

    Most of us have read the 2nd amendment and don’t need your narrow and shallow interpretation of it.