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Thread: OC in NC parks?

  1. #1
    Moderator / Administrator Grapeshot's Avatar
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    OC in NC parks?

    In the interest of determining the facts/truth of this issue (w/o personal references), we are reopening this discussion.

    Searching the NC statutes leaves me to the conclusion that the statutes are silent on the question of the legality of OC in state and municipal parks - however a permit to conceal is required.

    SECTION 3. G.S.14-269.3(b) reads as rewritten:
    (b)
    This section shall not apply to any of the following:

    (1) A person exempted from the provisions of G.S.14-269; G.S.14-269.

    (2 )The owner or lessee of the premises or business establishment; establishment.

    (3) A person participating in the event, if he the person is carrying a gun, rifle, or pistol with the permission of the owner, lessee, or person or organization
    sponsoring the event; and event.

    (4) A person registered or hired as a security guard by the owner, lessee, or person or organization sponsoring the event.

    (5 )A person carrying a handgun if the person has a valid concealed handgun permit issued in accordance with Article 54B of this Chapter, has a
    concealed handgun permit considered valid under G.S.14-415.24, or is exempt from obtaining a permit pursuant to G.S.14-415.25. This subdivision shall not be construed to permit a person to carry a handgun on any premises where the person in legal possession or control of the premises has posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with G.S.14-415.11(c).

    SECTION 6.G.S.14-415.23 reads as rewritten:" 14-415.23.
    Statewide uniformity.

    (a) 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.

    (b) 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.

    (c)(1) An athletic field, including any appurtenant facilities such as restrooms, during an organized athletic event if the field had been scheduled for use with the municipality or county office responsible for operation of the park or recreational area.

    (c)(2) A swimming pool, including any appurtenant facilities used for dressing, storage of personal items, or other uses relating to the swimming pool.

    (c)(3) A facility used for athletic events, including, but not limited to, a gymnasium.

    (d) For the purposes of this section, the term "recreational facilities" does not include any greenway, designated biking or walking path, an area that is customarily used as a walkway or bike path although not specifically designated for such use, open areas or fields where athletic events may occur unless the area qualifies as an "athletic field" pursuant to subdivision (1) of subsection (c) of this section, and any other area that is not specifically described in subsection (c) of this section.
    http://www.ncleg.net/Sessions/2013/B...PDF/H937v5.pdf

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  2. #2
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    Municipal parks:
    Not controlled by the State except through the concealed firearms pre-emption. 14-415.23. If the municipality does not prohibit OC, then you are okay. It does seem that many places, in their rush to change their ordinances to comply with state law, seemingly forgot to include OC. Far be it from me to point out that regulating CC does not affect anything else.

    State parks: (also see the NC flyer : Places where firearms are prohibited)

    SECTION .0900 - FIREARMS: EXPLOSIVES: FIRES: ETC.
    15A NCAC 12B .0901 FIREARMS: WEAPONS: EXPLOSIVES
    (a) Except as provided in Paragraph (b) or G.S. 14-269, no person except authorized park employees, their agents, or contractors, shall carry or possess firearms, air guns, air soft guns, paint ball guns, bows and arrows, sling shots, or lethal missiles of any kind within any park.
    (b) A person with a valid concealed handgun permit issued by one of the United States that adheres to the requirements set forth in G.S. 14-415.11 may carry a concealed handgun on the grounds and waters of a state park. Persons acting under this exception should take notice that certain Division managed properties are owned by the U.S. Army Corps of Engineers and subject to separate regulations governing firearms. Accordingly, concealed handguns are prohibited at Falls Lake, Jordan Lake and Kerr Lake State Recreation Areas.
    (c) The possession or use of cap pistols is prohibited. The possession or use of dynamite or other powerful explosives as defined in G.S. 14-284.1 is prohibited.
    (d) The possession or use of pyrotechnics is prohibited except for pyrotechnics exhibited, used, or discharged in connection with an authorized public exhibition and approved by the Director of the Division of Parks and Recreation, or designee. Persons wishing to possess or use pyrotechnics in connection with a public exhibition, such as a public celebration, shall file an application for a special use permit with the park superintendent. All applicants shall enter an indemnification agreement with the Department and obtain general liability and property damage insurance, with limits as determined by the Secretary or designee, which are reasonably necessary to cover possible liability for damage to property and bodily injury or damage to persons which may result from, or be caused by, the public exhibition of pyrotechnics or any
    act(s) or omission(s) on the part of the applicant(s) or the applicant's agents, servants, employees, or subcontractors presenting the public exhibition. The Division Director or designee may deny an application as deemed necessary to protect the public health, safety, and welfare, or to protect the natural resources of the park unit.

    You can simply go to the web page for the NC Dept of Parks and Recreation to get the link.

    http://ncparks.gov/Visit/rules/main.php
    http://ncparks.gov/Visit/rules/docs/...nuary_2014.pdf

    Grapeshot, your cite is from HB 937. It has been fully integrated into the current Chapter 14 Criminal laws. 14-269.3 has nothing to do with parks unless an admission is required to an assembly (event) within the park.
    Last edited by bc.cruiser; 01-08-2015 at 08:04 AM.

  3. #3
    Regular Member dmatting's Avatar
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    Quote Originally Posted by bc.cruiser View Post
    Municipal parks:
    Not controlled by the State except through the concealed firearms pre-emption. 14-415.23. If the municipality does not prohibit OC, then you are okay. It does seem that many places, in their rush to change their ordinances to comply with state law, seemingly forgot to include OC. Far be it from me to point out that regulating CC does not affect anything else.

    State parks: (also see the NC flyer : Places where firearms are prohibited)

    SECTION .0900 - FIREARMS: EXPLOSIVES: FIRES: ETC.
    15A NCAC 12B .0901 FIREARMS: WEAPONS: EXPLOSIVES
    (a) Except as provided in Paragraph (b) or G.S. 14-269, no person except authorized park employees, their agents, or contractors, shall carry or possess firearms, air guns, air soft guns, paint ball guns, bows and arrows, sling shots, or lethal missiles of any kind within any park.
    (b) A person with a valid concealed handgun permit issued by one of the United States that adheres to the requirements set forth in G.S. 14-415.11 may carry a concealed handgun on the grounds and waters of a state park. Persons acting under this exception should take notice that certain Division managed properties are owned by the U.S. Army Corps of Engineers and subject to separate regulations governing firearms. Accordingly, concealed handguns are prohibited at Falls Lake, Jordan Lake and Kerr Lake State Recreation Areas.
    (c) The possession or use of cap pistols is prohibited. The possession or use of dynamite or other powerful explosives as defined in G.S. 14-284.1 is prohibited.
    (d) The possession or use of pyrotechnics is prohibited except for pyrotechnics exhibited, used, or discharged in connection with an authorized public exhibition and approved by the Director of the Division of Parks and Recreation, or designee. Persons wishing to possess or use pyrotechnics in connection with a public exhibition, such as a public celebration, shall file an application for a special use permit with the park superintendent. All applicants shall enter an indemnification agreement with the Department and obtain general liability and property damage insurance, with limits as determined by the Secretary or designee, which are reasonably necessary to cover possible liability for damage to property and bodily injury or damage to persons which may result from, or be caused by, the public exhibition of pyrotechnics or any
    act(s) or omission(s) on the part of the applicant(s) or the applicant's agents, servants, employees, or subcontractors presenting the public exhibition. The Division Director or designee may deny an application as deemed necessary to protect the public health, safety, and welfare, or to protect the natural resources of the park unit.

    You can simply go to the web page for the NC Dept of Parks and Recreation to get the link.

    http://ncparks.gov/Visit/rules/main.php
    http://ncparks.gov/Visit/rules/docs/...nuary_2014.pdf

    Grapeshot, your cite is from HB 937. It has been fully integrated into the current Chapter 14 Criminal laws. 14-269.3 has nothing to do with parks unless an admission is required to an assembly (event) within the park.
    Funny, I was just looking at this about 2 days ago because I noticed that the NC OC flyer has an error in the referencing of this state park rule (it omits the 15A part which makes it difficult to find the rule!)

  4. #4
    Regular Member WalkingWolf's Avatar
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    Funny part is most of us who drive NC highways have broken this law. Several highways pass through the state parks.
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