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Thread: Durham City Ordinance on Display and Possession

  1. #1
    Regular Member dmatting's Avatar
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    Durham City Ordinance on Display and Possession

    I've been hearing about some kind of change to Durham's ordinance regarding open carry but never saw the ordinance in question, so I finally looked it up this morning. It looks like this was passed on April 15, 2013. From this, it pretty much says you can't open carry within the Durham city limits. There is another ordinance, which has been on the books for a while now, that says you can't carry open in public places - and they include restaurants and other private locations that have "public access".

    Here is the current ordinance from municode:
    (http://library.municode.com/index.aspx?clientId=19967)
    Code:
    Sec. 46-22. Display and possession of dangerous weapons—Prohibited on certain city property.
    
    (a) It is unlawful for any person to display a dangerous weapon while on or in city property, or to leave displayed 
    a dangerous weapon within a motor vehicle while the vehicle is on city property. Notwithstanding the foregoing, this section shall not 
    prohibit the display of a long gun being stored in a locked gun rack in an attended motor vehicle, or a locked unattended motor vehicle, 
    while the vehicle is on city property.
    
    (b) The city manager, or his or her designee, may permit the posting of a prohibition against carrying a concealed handgun, in accordance 
    with G.S. 14-415.11(c), on the city property identified below. Notwithstanding the foregoing, this section shall not prohibit a concealed 
    handgun permittee from storing a handgun within the trunk, glove box, or other enclosed compartment or area within or on a locked motor 
    vehicle while the vehicle is on city property.
    
        (1) Any city building and its appurtenant premises;
        (2) The following recreational facilities:
            a. Each playground, including each sprayground, at or within:
                1. American Village Park located at 4703 American Village Drive;
                2. Bay-Hargrove Park located at 208 Hargrove Street;
                3. Belmont Park located at 2207 Sovereign Street;
                4. Bethesda Park located at 1814 Stage Road;
                5. Birchwood Park located at 3105 Hursey Street;
                6. Burch Avenue Park located at 816 Burch Avenue;
                7. Burton Park located at 1100 Sima Avenue;
                8. C.M. Herndon Park located at 511 Scott King Road;
                9. C.R. Wood Park located at 417 Commonwealth Avenue;
               10. Campus Hills Park located at 2000 S. Alston Avenue;
               11. Cook Road Park located at 602 Cook Road;
               12. Cornwallis Road Park located at 2830 Wade Road;
               13. Crest Street Park located at 2614 Crest Street;
               14. Drew/Granby Park located at 1100 Drew Street;
               15. Duke Park located at 106 W. Knox Street;
               16. East Durham Park located at 2500 E. Main Street;
               17. East End Park located at 1200 N. Alston Avenue;
               18. Edgemont Park located at 205 S. Elm Street;
               19. Edison Johnson Recreation Center located at 500 W. Murray Avenue;
               20. Elmira Avenue Park located at 540 Elmira Avenue;
               21. Forest Hills Park located at 1639 University Drive;
               22. Garrett Road Park located at 6815 Garrett Road;
               23. Grant Street Park (North) located at 918 Grant Street;
               24. Grant Street Park (South) located at 1200 Grant Street;
               25. Hillside Park located at 1301 S. Roxboro Street;
               26. Holt School Road Park located at 4102 Holt School Road;
               27. Indian Trail Park located at 1701 Albany Street;
               28. Spruce Pine Lodge located at 2235 Bahama Road;
               29 .Lakeview Park located at 3500 Dearborn Drive;
               30 .Long Meadow Park located at 917 Liberty Street;
               31. Lyon Park located at 1200 W. Lakewood Avenue;
               32. Maplewood Park located at 1530 Chapel Hill Road;
               33. Morreene Road Park located at 1102 Morreene Road;
               34. Northgate Park located at 300 W. Club Boulevard;
               35. Oakwood Park located at 411 Holloway Street;
               36. Old Chapel Hill Road Park located at 3751 SW Durham Drive;
               37. Old Farm Road Park located at 7 Hedgerow Place;
               38. Old North Durham Park located at 310 W. Geer Street;
               39. Orchard Park located at 1000 S. Duke Street;
               40. Oval Drive Park located at 2200 W. Club Boulevard;
               41. Pineywood Park located at 400 E. Woodcroft Parkway;
               42. Red Maple Park located at 3320 Hinson Drive;
               43. River Forest Park located at 1000 Windermere Drive;
               44. Rockwood Park located at 2310 Whitley Drive;
               45. Rocky Creek Park located at 1014 N. Elizabeth Street;
               46. Shady Oaks Park located at 2400 Nebo Street;
               47. Sherwood Park located at 1720 Cheek Road;
               48. Solite Park located at 4704 Fayetteville Street;
               49. Trinity Park located at 410 Watts Street;
               50. Twin Lakes Park located at 435 Chandler Road;
               51. Unity Village Park located at 2011 Matilene Avenue;
               52. Valley Springs Park located at 3805 Valley Springs Road;
               53. W.D. Hill Recreation Center located at 1308 Fayetteville Street;
               54. Walltown Park located at 1308 W. Club Boulevard;
               55. Weaver Street Park located at 3000 E. Weaver Street;
               56. Westover Park located at 1900 Maryland Avenue;
               57. Whippoorwill Park located at 1632 Rowemont Drive;
               58. White Oak Park located at 2504 Dallas Street;
               59. Wrightwood Park located at 1301 Anderson Street.
    
            b. Each athletic field at or within:
    
               1. C.M. Herndon Park located at 511 Scott King Road;
               2. C.R. Wood Park located at 417 Commonwealth Avenue;
               3. Campus Hills Park located at 2000 S. Alston Avenue;
               4. Cook Road Park located at 602 Cook Road;
               5. Crest Street Park located at 2503 Crest Street;
               6. East Durham Park located at 2500 E. Main Street;
               7. East End Park located at 1200 N. Alston Avenue;
               8. Hillside Park located at 1301 S. Roxboro Street;
               9. Lakeview Park located at 3500 Dearborn Drive;
               10. Long Meadow Park located at 917 Liberty Street;
               11. Lyon Park located at 1200 W. Lakewood Avenue;
               12. Morreene Road Park located at 1102 Morreene Road;
               13. Old Chapel Hill Road Park located at 3751 SW Durham Parkway;
               14. Old Farm Park located at 7 Hedgerow Place;
               15. Old North Durham Park located at 310 W. Geer Street;
               16. Oval Drive Park located at 2200 W. Club Boulevard;
               17. Pineywood Park located at 400 E. Woodcroft Parkway;
               18. Red Maple Park located at 3320 Hinson Drive;
               19. River Forest Park located at 1000 Windermere Drive;
               20. Rock Quarry Park located at 701 Stadium Drive;
               21. Sherwood Park located at 1720 Cheek Road;
               22. Southern Boundaries Park located at 400 Third Fork Road;
               23. Twin Lakes Park located at 435 Chandler Road;
               24. Valley Springs Park located at 3805 Valley Springs Road;
               25. Walltown Park located at 1308 W. Club Boulevard;
               26. Weaver Street Park located at 3000 E. Weaver Street;
               27. Whippoorwill Park located at 1632 Rowemont Drive;
               28. Wrightwood Park located at 1301 Anderson Street;
               29. Durham Bulls Athletic Park located at 409 Blackwell Street;
               30. Durham Athletic Park located at 500 W. Corporation Street.
    
            c. Each of the swimming pools identified below:
               1. Campus Hills Pool located at 2000 S. Alston Avenue;
               2. Edison Johnson Aquatic Center located at 500 W. Murray Avenue;
               3. Forest Hills Pool located at 1639 University Drive;
               4. Hillside Pool located at 1221 Sawyer Street;
               5. Long Meadow Pool located at 917 Liberty Street.
    
            d. Each of the athletic facilities identified below:
               1. Basketball and tennis courts, and high ropes course, within Bethesda Park located at 1814 Stage Road;
               2. Basketball court within Birchwood Park located at 3105 Hursey Street;
               3. Basketball court within Burton Park located at 1100 Sima Avenue;
               4. Basketball courts within C.R. Wood Park located at 417 Commonwealth Avenue;
               5. Basketball court within Carroll Street Park located at 815 Carroll Street;
               6. Skate board facilities within Durham Central Park located at 502 Foster Street;
               7. Tennis and volleyball courts within Cook Road Park located at 602 Cook Road;
               8. Basketball court within Cornwallis Road Park located at 2830 Wade Street;
               9. Tennis court within Duke Park located at 106 W. Knox Street;
               10. Basketball courts within East Durham Park located at 2500 E. Main Street;
               11. Basketball and tennis courts within East End Park located at 1200 N. Alston Avenue;
               12. Basketball and tennis courts within Elmira Park located at 540 Elmira Avenue;
               13. Tennis courts within Forest Hills Park located at 1639 University Drive;
               14. Tennis courts within Garrett Road Park located at 6815 Garrett Road;
               15. Basketball and tennis courts within Hillside Park located at 1301 S. Roxboro Street;
               16. Basketball courts within the Lakeview Park located at 3500 Dearborn Drive;
               17. Basketball courts within Lyon Park located at 1200 Lakewood Avenue;
               18. Basketball and tennis courts within Morreene Road Park located at 1102 Morreene Road;
               19. Tennis courts within Northgate Park located at 300 W. Club Boulevard;
               20. Basketball court within Old Chapel Hill Road Park located at 3751 SW Durham Parkway;
               21. Basketball court within Old Farm Park located at 7 Hedgerow Place;
               22. Basketball and tennis courts within Oval Drive Park located at 2200 W. Club Boulevard;
               23. Tennis courts within Pineywood Park located at 400 E. Woodcroft Parkway;
               24. Basketball courts within Red Maple Park located at 3320 Hinson Drive;
               25. Tennis courts within Rock Quarry Park located at 701 Stadium Drive;
               26. Basketball court within Rockwood Park located at 2310 Whitely Drive;
               27. Bocce court within Sandy Creek Park located at 3510 Sandy Creek Drive;
               28. Basketball and futsal courts within Sherwood Park located at 1720 Cheek Road;
               29. Basketball and volleyball courts within Solite Park located at 4704 Fayetteville Road;
               30. Basketball and tennis courts within Southern Boundaries Park located at 400 Third Fork Road;
               31. Basketball courts within Unity Village Park located at 2011 Matilene Avenue;
               32. Basketball courts within Walltown Park located at 1308 W. Club Boulevard;
               33. Tennis courts within Whippoorwill Park located at 1632 Rowemont Drive;
               34. Hillandale golf course located at 1600 Hillandale Road.
    
    (c) For purposes of this section, the following words have the meaning indicated:
    
        Athletic facility means a building or structure used for athletic or sporting activities, fitness or physical training.
    
        Athletic field means an outdoor area used for organized athletic or sporting events including any appurtenant areas designed, 
         designated or used for spectators, the sale of goods, or food or beverage preparation or consumption, and restroom facilities.
    
        City property means any building including its grounds, park, recreation facility, athletic field, swimming pool, 
         playground, cemetery, landfill, parking garage, parking lot, streets, sidewalks, alleyways, or other public property 
         owned by the city or leased by the city as lessee. City property does not include: property leased, subleased or rented by the city to a 
         private person or entity; or ranges legally permitted by the chief of police.
    
        Dangerous weapon means any firearm, pump gun, air rifle, air pistol, BB gun, crossbow, bow and arrow, bowie knife, dirk, dagger, 
         slingshot, loaded cane, metallic knuckles, razor, shuriken, stun gun, switch blade knife, black jack, or any other weapon of like kind.
    
        Handgun means a firearm that has a short stock and is designed to be held and fired by the use of a single hand.
    
        Long gun means a shotgun or rifle which expels a projectile by action of an explosion.
    
        Playground means an outdoor area designed, designated or equipped for recreation especially by children including any 
         appurtenant areas designed or designated for food or beverage consumption, and restroom facilities. The term playground shall include 
         a sprayground.
    
        Recreational facility means an athletic facility, an athletic field, a playground or a swimming pool.
    
        Sprayground means a playground designed or equipped for interaction with artificially created water fountains, sprays or jets.
    
        Swimming pool means an artificially enclosed body of water intended for swimming or water-based recreation including any 
         appurtenant deck, areas designed or designated for food or beverage preparation, sales or consumption, and changing, shower or 
         restroom facilities.
    
    (d) Conduct prohibited by this section shall not apply to:
    
        (1) Sworn law enforcement officers while in the discharge of their official duties;
        (2) Members of the United States armed forces or national guard while in the discharge of their official duties;
        (3) Any person possessing a dangerous weapon in a city cemetery for the purpose of conducting a military or law enforcement funeral or 
             commemorative exercise pursuant to first having obtained written permission from the city manager or his or her designee;
        (4) Any person possessing a dangerous weapon in a city park for ceremonial or recreational purposes pursuant to having first obtained 
             valid written permission from the director of parks and recreation or his or her designee.
    
    (Code 1964, § 13-33; Code 1982, § 12-22; Ord. No. 9738, § 1, 12-21-1992; Ord. No. 10626, § 1, 11-6-1995; Ord. No. 11708, 6-7-1999; Ord. No. 14435, 4-15-2013) 
    Here is the previous ordinance, now superseded by the one above, which allowed carry on streets, etc...
    http://library.municode.com/index.as...19967&h=194127
    Code:
    Sec. 46-22. - Discharging Firearms—Prohibited on certain city property.
    
    (a) It is unlawful for any person to possess a dangerous weapon while on or in city property.
    
    (b) For purposes of this section, the following words have the meaning indicated:
    
    City property means any building, park, recreation facility, cemetery, landfill, parking garage, parking lot, or other public property owned by 
    the city or leased by the city as lessee, but does not include streets, sidewalks or alleyways, or property leased, 
    subleased or rented by the city to a private person or entity. City property shall also not include ranges legally permitted by the chief of 
    police.
    
    Dangerous weapon means any firearm, pump gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, loaded cane, metallic knuckles, 
    razor, shuriken, stun gun, switch blade knife, black jack, or any other weapon of like kind.
    
    (c) This section shall apply to property and rights-of-way belonging to the city and located inside and outside the corporate limits of the 
    city, as provided by G.S. 160A-176.
    
    (d) This section shall not apply to:
    
        (1) Sworn law enforcement officers;
        (2) Members of the armed forces or national guard while on duty;
        (3) Any person possessing a firearm in a city cemetery for the purpose of conducting a military funeral or military commemorative 
            exercise pursuant to a valid permit issued by the city manager;
        (4) Any person possessing a firearm in a city park for ceremonial purposes pursuant to a valid written permit issued by the director of 
            parks and recreation;
        (5) Any person hunting ducks on Lake Michie pursuant to a valid written permit issued by the director of parks and recreation;
        (6) A concealed handgun lawfully carried by a person pursuant to a permit issued under G.S. 14-415.10 et seq.
    
    (Code 1964, § 13-33; Code 1982, § 12-22; Ord. No. 9738, § 1, 12-21-1992; Ord. No. 10626, § 1, 11-6-1995; Ord. No. 11708, 6-7-1999) 
    And, finally, here is the ordinance that talks about no carry in "public places":
    Code:
    Sec. 46-23. - Display of firearms or other dangerous weapons at public place or public assembly prohibited.
    
    (a) It shall be unlawful for any person to display a firearm or other dangerous weapon, as defined by section 46-22 in any public place or at 
    any public assembly.
    
    (b) For purposes of this section, the following words have the meanings indicated:
    
    Public assembly means any gathering where the public has been invited, without payment of an admission fee or charge, for the purpose of 
    viewing or participating in some function or event, including but not limited to, concerts, fairs, expositions and health screenings, and the 
    public parking areas thereof.
    
    Public place means privately owned property or part thereof which is commonly made available for the use and enjoyment of the general 
    public, including but not limited to, religious facilities, hospitals, medical clinics, restaurants, service stations and garages, shopping malls 
    and shopping centers, stores, office buildings and theatres, and the public parking areas thereof.
    
    (c) This section does not apply to:
    
        (1) Law enforcement officers of any agency of federal, state or local government while in the discharge of their official duties.
        (2) Personnel of the United States armed forces or of the national guard while in the discharge of their official duties.
        (3) The owner or lessee of the public place or the area in which the public assembly occurs.
        (4) A registered security guard hired by the owner or lessee of the public place or by the person or organization sponsoring the public 
            assembly.
        (5) A person participating in a public event held at the public place with the written permission of the owner or lessee of the public 
            place, or as part of the public assembly with the permission of the person or organization sponsoring the public assembly.
        (6) A person who has purchased a firearm or other dangerous weapon from the owner or lessee of a public place, or who is returning or 
            seeking the repair or servicing of the firearm or dangerous weapon by the owner or lessee of the public place, during the time 
            necessary to deliver the firearm or dangerous weapon to the owner or lessee or to remove the firearm or dangerous weapon from the 
            public place.
        (7) A person enrolled in a bona fide hunter training or gun safety course during the time the person is participating in the course and 
            during the time necessary to go to or return from such activity.
    
    (Code 1982, § 12-23; Ord. No. 10067, § 1, 2-7-1994) 
    So, wow. They changed their ordinance to something horribly WORSE by redefining what city property is.

    Can they do this? Don't we have court decisions on our side?

    I mean, even Chapel Hill doesn't go this far!

  2. #2
    Regular Member WalkingWolf's Avatar
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    The ordinance is unconstitutional, NC court decisions and law preempts local laws. The only thing they can regulate is the size of the weapon.
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    Quote Originally Posted by WalkingWolf View Post
    The ordinance is unconstitutional, NC court decisions and law preempts local laws. The only thing they can regulate is the size of the weapon.
    Does the preemption law have an enforcer charged with prosecuting the sovereign? Does the law have teeth or must a citizen acquire standing and appeal the application of the law?

    Wisconsin's ss 66.0409 is a fine anile sentiment.
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  4. #4
    Regular Member dmatting's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    The ordinance is unconstitutional, NC court decisions and law preempts local laws. The only thing they can regulate is the size of the weapon.
    Which court case(s)?

    From NC General Statutes, it looks like they can regulate Open Carry on their streets and sidewalks...

    § 160A-189. Firearms.

    A city may by ordinance regulate, restrict, or prohibit the discharge of firearms at any time or place within the city except when used in defense of person or property or pursuant to lawful directions of law-enforcement officers, and may regulate the display of firearms on the streets, sidewalks, alleys, or other public property. Nothing in this section shall be construed to limit a city's authority to take action under Article 1A of Chapter 166A of the General Statutes. (1971, c. 698, s. 1; 2012-12, s. 2(zz).)
    similarly, counties have the same ability...
    § 153A-129. Firearms.

    A county may by ordinance regulate, restrict, or prohibit the discharge of firearms at any time or place except when used to take birds or animals pursuant to Chapter 113, Subchapter IV, when used in defense of person or property, or when used pursuant to lawful directions of law-enforcement officers. A county may also regulate the display of firearms on the public roads, sidewalks, alleys, or other public property. This section does not limit a county's authority to take action under Article 1A of Chapter 166A of the General Statutes. (1973, c. 822, s. 1; 2006-264, s. 16; 2012-12, s. 2(yy).)

  5. #5
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by dmatting View Post
    Which court case(s)?

    From NC General Statutes, it looks like they can regulate Open Carry on their streets and sidewalks...



    similarly, counties have the same ability...
    Please read State V Kerner.
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    Quote Originally Posted by WalkingWolf View Post
    Please read State V Kerner.
    http://www.constitution.org/2ll/bard...e_v_kerner.txt
    I am responsible for my writing, not your understanding of it.

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    Regular Member paramedic70002's Avatar
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    "Display" sounds a lot like "brandishing" to me but I'm not going to Durham anytime soon.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

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