Thursday, October 24, 2013

Grass Roots North Carolina - Fires A Warning Shot Accross CMPD Chief Monroe's Nose

Cedar Posts has obtained a copy of a letter apparently sent on Tuesday to CMPD Chief Rodney Monroe.
 
 
GRASS ROOTS NORTH CAROLINA / FORUM FOR FIREARMS EDUCATION
P.O. BOX 10665
RALEIGH, NC 27605
877.282.0939
 

October 22, 2013

Charlotte-Mecklenburg Police Department
601 East Trade Street
Charlotte, NC 28202

Attn: Chief Rodney Monroe

Dear Chief Monroe: Reports from gun dealers at two recent gun shows, as well as internal communications within your department, indicate you are attempting to regulate gun sales from individuals to dealers, and possibly between individuals who are not dealers under N.C.G.S. Article 45, (Part 1, "Pawnbrokers and Cash Converters") by classifying them as "cash converters."

Specifically, your officers have been distributing and requiring use of the enclosed "CMPD Gun Show Gun Purchase Form."

Please be advised that: (1) As outlined below, the "cash converter" statute clearly does not apply to gun shops or private transactions; and

(2) The imposition of a local gun law or regulation is in violation of § 14-409.40 ("Statewide uniformity of local regulation").

As passed in Session Law 2011-325 and then recodified in S.L. 2012-46, § 66-387(2) defines "cash converter" as follows:

(2) Cash converter. - A person engaged in the business of purchasing goods from the public for cash at a permanently located retail store who holds himself or herself out to the public by signs, advertising, or other methods as engaging in that business.

The term does not include any of the following:

a. Pawnbrokers.

b. Persons whose goods purchases are made directly from manufacturers or wholesalers for their inventories.

c. Precious metals dealers, to the extent that their transactions are regulated under Part 2 of this Article.

d. Purchases by persons primarily in the business of obtaining from the public, either by purchase or exchange, used clothing, children's furniture, and children's products, provided the amount paid for the individual item purchased is less than fifty dollars ($50.00).

e. Purchases by persons primarily in the business of obtaining from the public, either by purchase or exchange, sporting goods and sporting equipment, provided the amount paid for the individual item purchased is less than fifty dollars ($50.00).

Please note that neither gun show vendors who purchase firearms from individuals nor private transfers between individuals meet the definition of "cash converter" for the following reasons:

1. Although your form is entitled "CMPD Gun Show Gun Purchase Form," nothing in the statute addresses gun shows any more than it addresses flea markets or other venues, leading any reasonable person to conclude that you are attempting to stigmatize gun shows;

2. A gun show vendor is not "a person engaged in the business of purchasing goods from the public for cash at a permanently located retail store." Not only do gun show purchases not take place at a "permanently located retail store," many gun show vendors do not even possess such locations.

3. By any reasonable plain language interpretation of the statute, it even more clearly excludes private transfers between individuals not engaged in a firearms-related business;

4. I am unaware of any gun show dealer who "holds himself or herself out to the public by signs, advertising, or other methods as engaging" the business of buying firearms particularly at the show itself, with the possible exception of pawnbrokers, who are specifically exempt as described below;

5. The cash converter statute specifically exempts both "Pawnbrokers" and "Persons whose goods purchases are made directly from manufacturers or wholesalers for their inventories," which would, in all likelihood, encompass nearly all gun show dealers.

Accordingly, Grass Roots North Carolina strongly advises you to cease and desist in your apparent attempt to register guns and gun owners in contravention of both Article 45 of the North Carolina General Statutes and § 14-409.40.

Failure to do so will result in legal action.

Please note that under § 6-21.7 ("Attorneys’ fees; cities or counties acting outside the scope of their authority"), we will also seek to recover associated legal expenses.

I can be reached directly at (704) 907-9206.

To preclude further action, please reply within five (5) business days.

Respectfully,

F. Paul Valone

President, Grass Roots North Carolina Executive Director, Rights Watch International

19 comments:

Anonymous said...

lol...."legal action". Apparently someone forgot to tell the prez of this organization that the laws, policies, regulations, etc don't apply to the almight ROMO. And it's not like he cares if he, the city or the dept are sued and lose. It has happened before and will happen again. There were no consequences for his actions and nothing changed. BUSINESS AS USUAL. God Bless ROMO.

Anonymous said...

Sorry guys...ole rod dawg...only re classifies crimes to "show there is no violence in charlotte" ie a robbery is now a larceny...a rape is an assault...a home invasion is a simple breaking and entering....and all those Zone checks and field interviews are solving crime!

Anonymous said...

This just in on all news channels...violent crime is down in charlotte...boy...boy I guess a lot of dummies want to get promoted and are too scared to go against the machine of "who s house...rod s house!"

Anonymous said...

If anything Sheriff Bailey should be calling the shots on this. Last time I checked, the Sheriff controlled gun permits and concealed carry permits--so he is just a bit more qualified than ROMO+ University of Phoenix degree in Criminal Justice. It is amazing how he just does his job the right way and never makes the news.

Anonymous said...

the reign of romo will continue to be hilariously pathetic....anyone hear the one about that officer getting his job back after getting fired for domestic violence? word around the watercooler is he won his appeal....civil service board sure is doing a swell job

Anonymous said...

Isn't it nice to be friends with Holder and the like. Sorry policies trickle down from the top.

Anonymous said...

What a waste of time with the city council looking into changing the CSB procedure. It will do no good, as there is there is unwritten codes that suit only ROMO and his goons.

Eric said...

GRNC posted an update to this item at their website:

http://www.grnc.org/grnc-alerts-archive/566-grnc-alert-10-27-13-unlawful-gun-registry-halted--sign-showdown

Anonymous said...

What do you trigger happy cops think now that the autopsy report is back for Ferrell? No more he was definitely on something excuses for shooting a unarmed black man.

Anonymous said...

Anon 9:40

What a creative and original thought on the "trigger happy cops" generalization! Now, I have one for you. How are the food stamp cuts working out around your house? Assumptions and generalizations suck don't they? How about you stick to the facts of the situation.

Anonymous said...

Well I see I touched a nerve, " Don't shoot". The statement I made is a fact, check the other post on this site. Your generalization is a little funny to me but it does serve a purpose. It shows that you trigger happy Cops all have the same thoughts in your mind.

Anonymous said...

Either of you care to cite your sources? For trigger happy cops or food stamp cuts? Anything to back either of those statements up? Anything? At all?

Anonymous said...

http://cedarposts.blogspot.com/2013/09/cmpd-chief-rodney-monroe-throws-white.html

Read the comments. What do you think?

Anonymous said...

1 out 15 blacks incarcerated fact! Make up 60percent prison population fact! Yo the trigger happy cops keep doing your job and don't let yourself get caught up in comments that don't apply. These people just hate white people in general.

Anonymous said...

Anyone here about the Central Division Sergeant, Sgt. Reitz cursing out a seasoned veteran Bike Officer, Officer Rape? Just curious. The story is he cursed him out and flipped him the finger while other Officers were present. Sgt. Reitz was transferred from his FMT position to 2nd Shift supervisor. Internal Affairs should investigate this... Or maybe Human Resources. Sounds like an unsafe work environment and "at no time does the Charlotte-Mecklenburg Police Dept. condone cursing" and they "respect our employees."

Anonymous said...

Mr. 1out of 15. Thank you for showing the world your true Blue racist colors. There are 1000's of facts you could choose to share however you chose the few that you think give you the right to single out minorities and gun them down. How do you determine which of the 1 out of 15 you have pulled over?

Anonymous said...

7:28 --
INTERNAL AFFAIRS IS A JOKE filled with and led by liars trying to keep incidents off record.

Good for you for giving details. EVERY officer who was present and did not report should be fired, same as knowing about incidents with the general public.

But as long as City Council keeps covering up for Carlee/Walton and Monroe nothing will change UNTIL all officers start speaking up, naming names, putting out documents, testimony, truth and requiring IA to do their jobs.

Anonymous said...

That doesn't sound like something Ivan would do, you know he was sustained on a cowardice violation a few years back. I find it hard to believe he would stand up to anyone.

Anonymous said...

Ridiculous to even think that Negro would bother to read such a letter.