GRNC Alert 7/1/20: Wake County Sheriff Thumbs Nose at Gun Owners

• Wake County is obligated to remove Baker: Under G.S. §128-16, the county is essentially required to begin proceedings in Superior Court, with the county attorney acting as prosecutors for, among other things, “willful or habitual neglect or refusal to perform the duties of his office.”
• Citizens’ constitutional rights are being violated: It is unlawful for citizens to buy handguns without either a pistol purchase permit or concealed handgun permit from their county of residence, meaning that Baker’s actions are denying citizens’ rights not only to keep and bear arms, but to protect their families at a time of national crisis when personal safety is very much in question.
• Wake County is responsible: Under these circumstances, the Supreme Court, in Monell v. Department of Social Services, determined that the county can be held liable for the misdeeds of Baker, whether or not they officially sanction those misdeeds.
  

• Email Wake County Commissioners:1 text here…  Send a message to all members of the Wake County Board of Commissioners at commissioners@wakegov.com
  

• Let people know Wake County is letting Baker deny civil rights: Leave comments on Wake Co. Facebook page: https://www.facebook.com/wakegov/posts/the-wake-county-board-of-commissioners-just-adopted-a-126-billion-budget-for-fis/10155562576057845/ 

• Email AND call Baker: Since Baker wants to make it hard for you to reach him, contact his community relations liaison, Kevin Moore, at: Kevin.Moore@wakegov.com and 919-856-6814 and also via his lawyer at: nellis@poynerspruill.com

• Let people know Baker is denying civil rights: Leave a comment on Baker’s Facebook page at: https://www.facebook.com/WakeSheriff/
  

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Suggested Subject: Non-compliance by Sheriff Gerald Baker

To Wake County

Wake County Commissioners:

Despite being under a consent order, Sheriff Gerald Baker continues to drag his feet on issuance of both pistol purchase permits and concealed handgun permits. Purchase permits are taking nearly two months to process, despite the fact that G.S. §14-404(f) requires purchase permits to be issued or denied in 14 days, further stipulating that permits may only be denied only for statutorily permissible reasons.

When informed of his non-compliance with G.S. §14-404(f), Baker’s attorney responded: “…the 14 days doesn’t start until ALL of the information needed to process an application has been provided or obtained.” Translated, Baker is saying: “The 14 days required for applications doesn’t start until we give you an appointment to let you finish the application, which we won’t. So bug off.”

It is unlawful for citizens to buy handguns without either a pistol purchase permit or concealed handgun permit from their county of residence, meaning that Baker’s actions are denying citizens’ constitutional rights not only to keep and bear arms, but to protect their families at a time of national crisis when personal safety is very much in question.

Accordingly, I am demanding that you begin proceedings to remove Baker under G.S. §128-16, as required, “For willful or habitual neglect or refusal to perform the duties of his office.”

If Wake County fails to remove Baker, be aware that under the Supreme Court decision in Monell v. Department of Social Services, Wake County could be liable for Baker’s malfeasance. Please advise me of how you intend to comply with the law. I will be monitoring your actions through Grass Roots North Carolina legislative alerts.

Respectfully,

To Sheriff Baker

Sheriff Baker:

Despite being under a consent order, your office continues to drag its feet on issuance of both pistol purchase permits and concealed handgun permits. Purchase permits are taking nearly two months to process, despite the fact that G.S. §14-404(f) requires purchase permits to be issued or denied in 14 days, further stipulating that permits may only be denied only for statutorily permissible reasons.

When informed of your non-compliance with G.S. §14-404(f), your attorney responded: “…the 14 days doesn’t start until ALL of the information needed to process an application has been provided or obtained.” Translated, you are saying: “The 14 days required for applications doesn’t start until we give you an appointment to let you finish the application, which we won’t. So bug off.”

It is unlawful for citizens to buy handguns without either a pistol purchase permit or concealed handgun permit from their county of residence, meaning that your actions are denying citizens’ constitutional rights not only to keep and bear arms, but to protect their families at a time of national crisis when personal safety is very much in question.

Accordingly, I am demanding that Wake County begin proceedings to remove you from office under G.S. §128-16, as required, “For willful or habitual neglect or refusal to perform the duties of [your] office.”

If Wake County fails to remove you, be aware that under the Supreme Court decision in Monell v. Department of Social Services, Wake County could be liable for your malfeasance. Please advise me of how you intend to comply with the law. I will be monitoring your actions through Grass Roots North Carolina legislative alerts.

Respectfully,

Down South Ammo, Home of “SOUTHERN THUNDER” Exploding Targets, http://downsouthammo.com/