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Morrisville bans guns in parks

J

jesse82nc

New member
Joined
Aug 27, 2012
Messages
5
Location
Clayton, NC
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.”
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T

Thndr

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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
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but I am not sure on if this is up-to-date or not.
 
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C

cricketdad

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May 29, 2010
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Fayetteville, North Carolina, USA
J

jesse82nc

New member
Joined
Aug 27, 2012
Messages
5
Location
Clayton, NC
Sorry in advance for the really long post, but this had some really good info.

Found the full text:

http://www2.townofmorrisville.org/webAgendas/2012/20120828/2012-033.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.
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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.
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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.
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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.
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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
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) 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).
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