NC Newsline – 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:
The veto announcement also noted that the action had the support Sheriffs Charles Blackwood of Orange County and Clarence Birkhead of Durham County. The nonprofit group Moms Rising North Carolina issued a statement thanking Stein for vetoing what it termed “reckless legislation that would put us all in danger.”
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:
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.”
As with the permitless concealed carry legislation, Stein’s veto messages on the immigration enforcement bills included statements from county sheriffs — as well as a law professor, a farmer and a family physician — endorsing the action. In a statement, the immigrant rights advocacy group El Pueblo lauded the vetoes of the bills, saying both “would cause enormous harm not only to immigrants living in the state, but also to the state’s economy and security.”
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.
In a statement, Hall blasted the veto of House Bill 318:
Republican Senate President Pro Tem Phil Berger condemned the vetoes in a post on Medium saying Stein had acted on the immigration bills at the behest of “far left donors.”
