Gun Policy Debate Takes Center Stage as Mayor Calls For Constitutional Changes
By Annie Dance | Cops & Congress | Reporting from Rutherfordton, NC
What began as a public update on one of Asheville’s deadliest recent shootings quickly evolved into a broader debate over gun policy, constitutional rights and the limits of local government authority.
Two people were killed on July 19, and seven were injured. There have been no arrests. Police have not released their names. Cops & Congress reported the incident a short time after it occurred.
During a July 24 press conference, Asheville officials confirmed that investigators believe the deadly Biltmore Avenue shooting was a retaliatory attack connected to an earlier July 5 shooting. While police revealed key developments in the investigation, Mayor Esther Manheimer used the briefing to criticize North Carolina’s firearm laws and argue for greater restrictions on gun ownership.
The contrast between the investigation’s findings and the policy discussion highlighted two separate issues: violent offenders allegedly engaged in ongoing retaliatory shootings and the state’s broader framework governing lawful firearm ownership.
Police: Retaliatory Violence Between “Groups of Individuals”
Public Information Officer Rick Rice opened the briefing by cautioning that investigators would not be releasing new evidence because the case remains active. Instead, officials sought to reassure the public while asking for additional witnesses to come forward.
Interim Police Chief Jackie Stepp confirmed that investigators have concluded the Biltmore Avenue shooting was “a direct retaliatory act” stemming from the July 5 shooting.
“The evidence also strongly illustrates that this case is sadly the latest chapter in an ongoing pattern of retaliatory violence that has been taking place across our community for some time,” Stepp said.
Stepp said investigators have identified several persons of interest and continue working with local, state and federal law enforcement agencies while reviewing evidence and following up on every lead.
During questioning from reporters, Stepp was asked directly whether police considered the violence to be gang-related.
She stopped short of labeling the suspects as gang members.
“I would say these are two groups of individuals,” Stepp said. “I would say there are ties to them knowing each other and committing ongoing retaliatory acts against one another.”
That distinction is notable because law enforcement agencies often reserve the term “criminal street gang” for organizations meeting statutory or investigative criteria. Asheville police deliberately stopped short of using that designation.
Police also confirmed one arrest has been made in connection with the July 5 shooting. When asked whether Marqua Davis was the individual arrested, Stepp confirmed that he was. She declined to answer whether those shot on Biltmore Avenue were the intended targets, citing the ongoing investigation.
Davis, 19, faces multiple counts of assault with a deadly weapon, carrying a concealed gun, and injury to personal property, according to NC Judicial Branch eCourts records obtained by Cops & Congress.
Illegal Firearm Conversion Device Recovered
Investigators also disclosed that they recovered a Glock switch at the July 19 shooting, an illegal conversion device that transforms a semi-automatic handgun into a machine gun capable of rapid automatic fire.
“What a Glock switch does ... is it turns your weapon into a rapid-fire, high-capacity weapon,” Stepp said. “And that’s what we saw here.”
She added that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has been involved in the investigation from the beginning.
Unlike many firearms legally owned by Americans, Glock switches are prohibited under federal law and carry severe criminal penalties.
Unregistered devices cannot be legally owned by civilians, as manufacturing and possession of new machine guns for civilian use have been banned under federal law since 1986.
Mayor Shifts Focus to Gun Laws
Although investigators centered the briefing on retaliatory violence, Mayor Manheimer broadened the discussion when asked about firearms in bars and public places.
The mayor argued that North Carolina lawmakers have increasingly relaxed firearm laws over recent years, saying those policy decisions have contributed to more guns in communities.
She referenced legislation passed this year that would have allowed lawful gun owners to to carry concealed handguns without a permit.
Governor Josh Stein vetoed the permitless concealed carry bill (Senate Bill 50), the General Assembly has not successfully completed a full override. The state Senate voted to override the veto, but the override vote in the House remains stalled and has not yet secured the necessary support to become law.
Manheimer, an attorney, also criticized various NCGA actions and laws, which largely prevent cities from adopting firearm regulations stricter than state law.
“The state of North Carolina preempts local governments from regulating where guns go, for the most part,” she said.
She concluded with her own policy position.
“Personally, I would like to see gun ownership and the ability to carry a gun greatly restricted,” Manheimer said. “I don’t think it makes a community safer.”
Constitutional Questions
The mayor’s remarks intersect with constitutional protections that continue to shape the national firearms debate.
The Second Amendment to the United States Constitution provides that “the right of the people to keep and bear Arms, shall not be infringed.” North Carolina’s Constitution likewise protects the right of citizens to bear arms for lawful purposes under Article I, Section 30.
“Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.”
Those constitutional protections apply to law-abiding citizens, while courts have also recognized that governments may prohibit firearm possession by certain prohibited persons and regulate particularly dangerous weapons consistent with constitutional limits.
Criminal Violence Versus Lawful Gun Ownership
Friday’s press conference also illustrated an important distinction between criminal violence and lawful firearm ownership.
According to investigators, the shooting under investigation was allegedly committed by individuals already engaged in retaliatory violence. Police say investigators recovered an illegal machine-gun conversion device and continue investigating multiple homicides and attempted homicides. Supporters of stricter gun laws argue additional restrictions can reduce firearm violence by limiting access to weapons.
Opponents counter that those willing to commit murder, retaliatory shootings, and possess illegal machine-gun conversion devices have already demonstrated a willingness to violate criminal laws. They argue additional firearm restrictions are therefore more likely to affect citizens who lawfully purchase, own and carry firearms than offenders already disregarding existing laws against homicide, illegal firearm modifications and violent crime.
Criminals don’t follow the law by definition of committing a crime. Guns do not kill people; people intent on harming others do.
That debate has become increasingly prominent following recent U.S. Supreme Court decisions emphasizing that firearm regulations must be consistent with the nation’s historical tradition of firearm regulation under the Second Amendment.
Investigation Continues
Despite the policy discussion, investigators emphasized that their priority remains identifying those responsible for the shooting.
Police said officers are coordinating with community organizations ahead of large public gatherings while pursuing leads and interviewing persons of interest.
Chief Stepp closed the briefing with a direct appeal to the public.
“If you saw something, say something,” she said. “No matter how small or minute that piece of information might be, please contact the Asheville Police Department.”
Anyone with information is encouraged to contact the Asheville Police Department at 828-252-1110 or submit anonymous information through the department’s TIP2APD mobile application or by texting “TIP2APD” to 847411.
As the investigation continues, Friday’s press conference underscored two parallel conversations unfolding in North Carolina.
This story has been updated.
ICYMI
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