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Thread: Justification for two local bans in Kure Beach?

  1. #1
    Regular Member TFred's Avatar
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    Justification for two local bans in Kure Beach?

    Hello,

    I am on vacation this week in Kure Beach. So far I've seen two No Guns signs, just curious about the justification for them. I am not particularly familiar with NC law, but I did take a look through the flyer in the sticky thread.

    First was on the door to the building that allows access to the Kure Beach pier. Is the pier privately owned? I can understand not allowing guns in a privately owned business, but I would have thought that any portion of property over the actual beach and certainly the ocean would be public property. The building is set up such that you must go through it to get to the pier.

    Second, we went to visit the aquarium today. Entering the entire Ft. Fisher area there was a "no guns" road sign. State Park? Are all state parks banned? The lady at the counter at the aquarium said that it was owned by the state.

    Any comments on these two signs?

    Thanks! Having a great time so far!

    TFred

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    Regular Member 45acpForMe's Avatar
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    From the NRA-ILA page: http://www.nraila.org/gun-laws/state...-carolina.aspx

    So the good news is that NC has some form of preemption but the bad news is that they still allow localities to ban firearms in parks or recreational areas (and buildings).

    PREEMPTIONAll regulation of firearms or ammunition is reserved to the state legislature. READ ALL
    N.C. GEN. STAT. ANN. 14-409.40. Statewide uniformity of local regulation

    (a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, statewide concern, and that the entire field of regulation of firearms is preempted from regulation by local governments except as provided by this section.

    (a1) The General Assembly further declares that the lawful design, marketing, manufacture, distribution, sale, or transfer of firearms or ammunition to the public is not an unreasonably dangerous activity and does not constitute a nuisance per se and furthermore, that it is the unlawful use of firearms and ammunition, rather than their lawful design, marketing, manufacture, distribution, sale, or transfer that is the proximate cause of injuries arising from their unlawful use. This subsection applies only to causes of action brought under subsection (g) of this section.

    (b) Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, storage, transfer, sale, purchase, licensing, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms, or dealers in handgun components or parts.

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    (f) Nothing contained in this section prohibits municipalities or counties from application of their authority under G.S. 153A-129, 160A-189, 14-269, 14-269.2, 14-269.3, 14-269.4, 14-277.2, 14-415.11, 14-415.23, including prohibiting the possession of firearms in public-owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas, except nothing in this subsection shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas. Nothing contained in this section prohibits municipalities or counties from exercising powers provided by law in declared states of emergency under Article 36A of this Chapter.

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    Regular Member TFred's Avatar
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    Quote Originally Posted by 45acpForMe View Post
    From the NRA-ILA page: http://www.nraila.org/gun-laws/state...-carolina.aspx

    So the good news is that NC has some form of preemption but the bad news is that they still allow localities to ban firearms in parks or recreational areas (and buildings).

    PREEMPTIONAll regulation of firearms or ammunition is reserved to the state legislature. READ ALL
    N.C. GEN. STAT. ANN. 14-409.40. Statewide uniformity of local regulation

    (a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, statewide concern, and that the entire field of regulation of firearms is preempted from regulation by local governments except as provided by this section.

    (a1) The General Assembly further declares that the lawful design, marketing, manufacture, distribution, sale, or transfer of firearms or ammunition to the public is not an unreasonably dangerous activity and does not constitute a nuisance per se and furthermore, that it is the unlawful use of firearms and ammunition, rather than their lawful design, marketing, manufacture, distribution, sale, or transfer that is the proximate cause of injuries arising from their unlawful use. This subsection applies only to causes of action brought under subsection (g) of this section.

    (b) Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, storage, transfer, sale, purchase, licensing, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms, or dealers in handgun components or parts.

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    (f) Nothing contained in this section prohibits municipalities or counties from application of their authority under G.S. 153A-129, 160A-189, 14-269, 14-269.2, 14-269.3, 14-269.4, 14-277.2, 14-415.11, 14-415.23, including prohibiting the possession of firearms in public-owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas, except nothing in this subsection shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas. Nothing contained in this section prohibits municipalities or counties from exercising powers provided by law in declared states of emergency under Article 36A of this Chapter.
    Interesting, thanks for pulling that up.

    So it's like "sure we have preemption, but it doesn't mean what any normal person might reasonably think the word should mean..."

    Neato.

    TFred

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    Regular Member rotorhead's Avatar
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    The pier is privately owned. I've had a talk with the owner about it a few years ago and the sign's still there. Go figure lol.

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    Quote Originally Posted by rotorhead View Post
    The pier is privately owned. I've had a talk with the owner about it a few years ago and the sign's still there. Go figure lol.
    If you carry a firearm on the pier it gives you an unfair advantage in hunting fish.

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    Regular Member rotorhead's Avatar
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    Quote Originally Posted by cricketdad View Post
    If you carry a firearm on the pier it gives you an unfair advantage in hunting fish.
    I don't think even that would help lol.

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    Regular Member TFred's Avatar
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    Quote Originally Posted by cricketdad View Post
    If you carry a firearm on the pier it gives you an unfair advantage in hunting fish.
    On an amusing note... yesterday evening we went for a walk which ended up on the pier... a fisherman reeled in a whopper of a 7" fish of some sort, and of course it slipped out of his hand as he took it off the hook. The ever vigilant pelican standing nearby jumped in and scooped up that fish faster that you could imagine! I don't expect the guy was going to keep it anyway... but wow was that bird fast!

    TFred

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    Regular Member rotorhead's Avatar
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    Quote Originally Posted by TFred View Post
    On an amusing note... yesterday evening we went for a walk which ended up on the pier... a fisherman reeled in a whopper of a 7" fish of some sort, and of course it slipped out of his hand as he took it off the hook. The ever vigilant pelican standing nearby jumped in and scooped up that fish faster that you could imagine! I don't expect the guy was going to keep it anyway... but wow was that bird fast!

    TFred
    Haha, those pelicans have got me several times.

    What's funniest to me is watching the King Mackerel guys at the end of the pier fight one for 45 mins and then a shark comes up and chomps all but the head off lol.

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    I can't help but imagine how vulnerable people would be out on the pier if a crazed gunman ever decided to choose a pier on a busy weekend as his kill zone. I love Kure pier, and I'm looking at it as I type this...but I don't feel they provide protection for their customers. I always felt that if an established business feels it necessary to deny customers the right to defend their lives, that they themselves are in essence taking on that responsibility for you.

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    Regular Member carolina guy's Avatar
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    Quote Originally Posted by 45acpForMe View Post
    From the NRA-ILA page: http://www.nraila.org/gun-laws/state...-carolina.aspx

    So the good news is that NC has some form of preemption but the bad news is that they still allow localities to ban firearms in parks or recreational areas (and buildings).

    PREEMPTIONAll regulation of firearms or ammunition is reserved to the state legislature. READ ALL
    N.C. GEN. STAT. ANN. 14-409.40. Statewide uniformity of local regulation

    (a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, statewide concern, and that the entire field of regulation of firearms is preempted from regulation by local governments except as provided by this section.

    (a1) The General Assembly further declares that the lawful design, marketing, manufacture, distribution, sale, or transfer of firearms or ammunition to the public is not an unreasonably dangerous activity and does not constitute a nuisance per se and furthermore, that it is the unlawful use of firearms and ammunition, rather than their lawful design, marketing, manufacture, distribution, sale, or transfer that is the proximate cause of injuries arising from their unlawful use. This subsection applies only to causes of action brought under subsection (g) of this section.

    (b) Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, storage, transfer, sale, purchase, licensing, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms, or dealers in handgun components or parts.

    :
    :
    :
    (f) Nothing contained in this section prohibits municipalities or counties from application of their authority under G.S. 153A-129, 160A-189, 14-269, 14-269.2, 14-269.3, 14-269.4, 14-277.2, 14-415.11, 14-415.23, including prohibiting the possession of firearms in public-owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas, except nothing in this subsection shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas. Nothing contained in this section prohibits municipalities or counties from exercising powers provided by law in declared states of emergency under Article 36A of this Chapter.

    The statewide uniformity statute would not apply for the aquarium anyway...if it is state owned, since 14-409.40 applies to counties and cities.
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

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    "publicly owned?"

    I'm trying to understand the logic behind this preemption, but can still make laws governing publicly owned buildings..etc. First, does publicly owned mean paid for by taxes collected from citizens? Or does that mean buildings paid for by revenue generated from activies by the city?

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