Governor Josh Stein issued the first vetoes of his administration on Friday, rejecting a trio of controversial measures sent to him by the General Assembly last week.
Permitless concealed carry
Senate Bill 50 would allow North Carolinians over 18 to carry concealed firearms without applying for a permit. The measure, branded “constitutional carry” by conservative backers, is law in 29 other states. The Senate approved the bill on a partisan, 26-18 vote, with all Republicans voting ‘yes’ and all Democrats voting ‘no.’ Six members were absent. In the House, the vote was 59-48, with two Republicans — Reps. William Brisson (R-Bladen) and Ted Davis (R-New Hanover) — joining Democrats in opposition. If Brisson and Davis remain opposed, it could make it much harder for Republicans to must the necessary three-fifths vote to override the veto.
In announcing his veto, Stein said:
“This bill makes North Carolinians less safe and undermines responsible gun ownership. Therefore, I am vetoing it. The bill eliminates training requirements associated with concealed carry permits and reduces the age to carry a concealed weapon from 21 to 18 years old. Authorizing teenagers to carry a concealed weapon with no training whatsoever is dangerous. The bill would also make the job of a law enforcement officer more difficult and less safe. We can and should protect the right to bear arms without recklessly endangering law enforcement officers and our people.”
The veto announcement also noted that the action had the support Sheriffs Charles Blackwood of Orange County and Clarence Birkhead of Durham County.
Immigration enforcement
Senate Bill 153 would require state agencies to sign agreements cooperating with U.S. Immigration and Customs Enforcement (ICE). It also bars undocumented immigrants from receiving state-funded benefits, and opens local government “sanctuaries” to lawsuits in crimes committed by undocumented immigrants. The bill passed the House 60-46 (with 14 members absent) and the Senate 26-17 (with seven members absent). In each case, all ‘yes’ votes were from Republicans and all ‘no’ votes were cast by Democratic members.
According to Stein:
“Senate Bill 153 would also make us less safe, so I am vetoing this legislation. At a time when our law enforcement is already stretched thin, this bill takes state law enforcement officers away from their existing state duties and forces them to act as federal immigration agents. Furthermore, under current law, people without lawful immigration status already are prevented from receiving Medicaid, SNAP, Section 8, and other benefits.”
And House Bill 318 aims to close what Republicans have called a “loophole” in a 2024 law requiring local sheriffs to cooperate with ICE “detainer” requests. As with Senate Bill 153, the bill was, with one exception in the House (Rep. Carla Cunningham (D-Mecklenburg), approved on exclusively partisan votes.
Stein said the bill is unconstitutional.
“I am vetoing House Bill 318 because it is unconstitutional. I support the bill’s efforts to require sheriffs to contact federal immigration authorities about people in their custody charged with sexual battery, armed robbery, arson, assault on public officials and court personnel, and other dangerous crimes. People who commit these crimes should be held accountable, whether or not they are here without legal authorization, and those charged with serious offenses ought to receive increased scrutiny from federal immigration officials.
“My oath of office requires that I uphold the Constitution of the United States. Therefore, I cannot sign this bill because it would require sheriffs to unconstitutionally detain people for up to 48 hours after they would otherwise be released. The Fourth Circuit is clear that local law enforcement officers cannot keep people in custody solely based on a suspected immigration violation. But let me be clear: anyone who commits a serious crime in North Carolina must be prosecuted and held accountable regardless of their immigration status.”
GOP-led legislature can override Stein’s vetoes, but path is narrow
In recent years, legislative reversals on the governor’s vetoes have been routine. Republicans held enough seats in both chambers of the General Assembly to easily override vetoes from Stein’s predecessor, Gov. Roy Cooper.
But Democrats were able to claw back enough House seats in last November’s election to deny the GOP a veto-proof majority — by one vote.
That means a simple party-line vote is no longer enough to force a law into effect. Republicans will have to flip a Democratic vote for a successful override, assuming all members are present. (Senate Republicans maintain a precise (30-20) veto-proof majority.)
Still, flipping a vote in that scenario remains a possibility. Rep. Cecil Brockman (D-Guilford), who has accused his party of “attacking” him after prior votes, is one such member who could flip.
House Speaker Destin Hall (R-Caldwell) frequently refers to a “working supermajority” when he describes the voting margins in the chamber. It remains to be seen whether that holds up when override motions reach the floor.
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