Wake County Sheriff's Illegal Attack on the 2nd Amendment
RALEIGH Gerald Baker's recent decision to suspend applications for pistols and concealed carry firearms until April 30 is both ill-conceived and illegal.
"Nothing contained in NC 14-404 gives a Sheriff in North Carolina the authority to unilaterally suspend the issuance of pistol permits," says Wake County Commission candidate Steve Hale. Hale was a deputy in the Sheriff's department for twenty-six years.
"After reviewing Wake County Government's Emergency Operations Plan, I likewise see no authority for the Sheriff to ignore the legislative intent of NC 14-404 where the statute states the 'Sheriff Shall issue a permit' when the requirements of the permit applicant have been met."
Baker cited a 250% increase in demand as one of the reasons for suspending the permit process. But high demand is not a reason to ignore the law or trample on Wake County residents' constitutional right to own a firearm.
"If he is short staffed, that is his own making and does not allow him to ignore the law," said Hale. "The sheriff is creating more fear and tension in an already frightened public. The Sheriff's job is to keep people safe, not remove their ability to protect their home and family during a time of uncertainty."
If Baker fails to issue permits, he may be subject to a petition for removal from office under G.S. 128-16, or a claim against the Sheriff's Bond under G.S. 162-8 for failure to continue performing his statutory duty of this office.
This action, combined with his unilateral decision to close the Wake County Firearms Education & Training Center in December 2019, show sheriff Baker to be hostile to the 2nd Amendment and to Wake County gun owners. If Baker refuses to obey the law, the Wake County Commission must step in and make sure Wake citizens are protected and their constitutional rights are secured.