NCRPA response to Wake County Sheriff’s suspension of pistol permit issuance

During a crisis there should be no doubt about our ability to protect and defend ourselves and loved ones, yet Wake County Sheriff Gerald Baker has taken action that could leave law-abiding citizens defenseless. His office announced that it will not issue new Pistol Purchase Permits until at least April 30th

Demonstrating a newfound appreciation for Second Amendment rights during this time of upheaval, many of those purchasing firearms in recent weeks are first time gun owners. For the next month, law-abiding Wake County residents cannot buy a handgun or receive one in a private transfer, even from a family member or close friend, unless they were issued a permit prior to the shutdown. 

While the sheriff may be concerned about the spread of the COVID-19 virus, there are laws to prevent state and local officials from using the exercise of their “emergency powers” as a pretext to infringe on the right to keep and bear arms. North Carolina state law requires sheriffs to approve or reject a pistol permit within 14 days.

In 2012, a federal court in North Carolina struck down emergency measures aimed at limiting Second Amendment rights during a declared emergency. That court noted that “[w]hile the bans imposed pursuant to these statutes may be limited in duration, it cannot be overlooked that the statutes strip peaceable, law abiding citizens of the right to arm themselves in defense of hearth and home, striking at the very core of the Second Amendment.” Bateman v. Perdue, 881 F. Supp. 2d 709, 716 (E.D.N.C. 2012).

The North Carolina Rifle and Pistol Association strongly opposes the actions of Wake County Sheriff Gerald Baker. He must abide by the laws of our state but even in the absence of such laws, the Second Amendment still applies by its own force.