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Thread: Morrisville bans guns in parks

  1. #1
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    Angry Morrisville bans guns in parks

    New "laws" passed:

    http://www.wral.com/news/news_briefs/story/11480088/

    I was under the impression that G.S. 14-415.23 basically made it so that towns could not make these laws?

    “It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun. A unit of local government may adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun in accordance with G.S. 14-415.11(c), on local government buildings and their appurtenant premises. A unit of local government may adopt an ordinance to prohibit, by posting, the carrying of a concealed handgun on municipal and county recreational facilities that are specifically identified by the unit of local government. If a unit of local government adopts such an ordinance with regard to recreational facilities, then the concealed handgun permittee may nevertheless, secure the handgun in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle. For purposes of this section, the term “recreational facilities” includes only the following: a playground, an athletic field, a swimming pool, and an athletic facility.”

  2. #2
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    Quote Originally Posted by jesse82nc View Post
    New "laws" passed:

    http://www.wral.com/news/news_briefs/story/11480088/

    I was under the impression that G.S. 14-415.23 basically made it so that towns could not make these laws?


    You right jesse, they did made it so that these towns couldn't do that. Someone will be in trouble for this by the state.

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    For a guy pondering the thought of moving to that area, this does not bode(sp?) well.

    I know in Va pre-emption keeps localities from passing laws that are greater than state laws, I would hope the same hold true in NC. the VCDL pushed a few years ago to put some teeth intoo pre-emption by getting it passed that lawsuits and money spent to correct localities will be repayed by the locality.

    Basically if someone finds a locality's regulations to exceed state law they can legally persue correction and all fees incurred must be repayed by the locality.


    I will keep an eye on this, hopefully others in that area and NC that are more knowledgeable on NC laws will speak up.

    I did see the following on http://www.opencarry.org/nc.html
    Complete state preemption of firearms laws except localities may regulate the possession of firearms:
    In public-owned buildings
    On the grounds or parking areas of those buildings
    In public parks or recreation areas
    Additionally, under NC Code Chapter 14 � 160A.189, a city may by ordinance ... regulate the display of firearms on the streets, sidewalks, alleys, or other public property.

    While the word "display" does not appear to be defined in the Code, some localities in NC have adopted, or are considering adopting ordinances like the city of Chapel Hill's which restrict the open carry of handguns.

    This was challenged in State v. Fennell (1989) and the NC Court of Appeals upheld previous NC court decisions stating that the guarantee of an individual right to openly bear arms in the NC constitution was subject to reasonable regulation declaring that "a pistol shall not be under a certain length."

    NOTE: Almost all states allow local regulation of the discharge of firearms
    but I am not sure on if this is up-to-date or not.
    Last edited by Thndr; 08-29-2012 at 09:01 AM.

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    While this is an OC forum, CC is still relevant to many of us here. But here is a good place I have found that is up to date on the current laws: http://concealedhandguncarry.com/21.html

    Also this one covers all, however it is much longer: http://concealedhandguncarry.com/21.html

  5. #5
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    Quote Originally Posted by jesse82nc View Post
    New "laws" passed:

    http://www.wral.com/news/news_briefs/story/11480088/

    I was under the impression that G.S. 14-415.23 basically made it so that towns could not make these laws?
    Remember one thing, this is a story on WRAL not the actual ordinance. So far from what I have seen they didn't do anything wrong. Just what was allowed. But it is being looked into.

  6. #6
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    Sorry in advance for the really long post, but this had some really good info.

    Found the full text:

    http://www2.townofmorrisville.org/we...8/2012-033.pdf

    Some interesting quotes from it:

    Police Chief Ira Jones stated from a police perspective, they didn’t want to be in a situation where a
    parent got a little upset at a game because they felt like their son or daughter was not getting the
    proper attention or maybe they were tackled a little hard, etc., and the now upset parent was there
    with a weapon. He further stated this would create a huge problem if that happened and as a result, he
    supported Jerry and Parks and Recreation Department in the request to ban firearms, concealed or
    openly carried per the suggested Town ordinance revisions before everyone. He also went on to say he
    felt it would be a recipe for disaster if the proposed revisions to the Town ordinances came from law
    enforcement.
    Parks and Recreation Director Allen stated we could pass all the laws we wanted, but if someone
    wanted to do something illegally, they would do it anyway; this just helped to lessen the possibility. He
    stated he understood why they passed the Legislation in some ways because there were a number of
    areas in the State where there were State parks and local parks with a great deal of walking trails and
    wilderness areas where perhaps someone would be safer with, at times, a firearm. He stated if they
    went through the proper training and had their concealed carry permits, there may be areas that were
    much more acceptable for someone to be able to carry a firearm concealed. He stated he agreed with
    the Legislator for leaving it open for athletic facilities, other areas where there could be a lot of young
    children such as playgrounds open for the local municipalities to be able to regulate.
    Vice Chairperson Cawley asked if this ordinance change addressed open carry too.

    Police Chief Jones said absolutely. He stated they could not “possess” the weapon. Possess was the key
    word.
    Vice-Chairman Gillis asked if the new ordinances covered the carrying of a firearm “openly,” or within
    plain sight of everyone to be able to see.

    Jerry Allen, Director stated the new amendment to the Town ordinance 10-4 would prohibit the ability
    to carry a firearm openly.
    And the parts of the law:

    Sec. 10-3. Concealed handguns prohibited in recreational facilities; posting required.
    (a) It shall be unlawful to carry a concealed handgun on or in Town playgrounds, athletic
    fields, swimming pools, and athletic facilities in the following Town parks and facilities:
    1. Morrisville Community Park
    2. Morrisville Aquatics and Fitness Center
    3. Shiloh Park
    4. Cedar Fork Community Center
    5. Crabtree Creek Nature Park
    6. Indian Creek Greenway Trailhead
    ) In addition, it shall be unlawful for any person to carry, display or possess, whether
    concealed or carried openly, any handgun, rifle, pistol, or other firearm in any townowned building, including any appurtenant premises such as a parking lot, and including
    public parks or recreation areas. Nothing in this subsection shall prohibit a person from
    storing a firearm within a locked motor vehicle while the vehicle is on these grounds or
    areas. Nothing in this section shall prohibit the lawful carrying of a concealed handgun in
    public parks or recreation areas not listed in Section 10-3 (a).

  7. #7
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    NC starting to look like NYC ....

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