imported post
I personally feel that 14-277.2 covers only what is specifically states, and it's designed to deal with situations that might be politically or socially volitile...parades, protests, etc...I don't think it's meant to cover things like the seafood festival. For completeness, here is 14-277.2:
14-277.2. Weapons at parades, etc., prohibited.
(a) It shall be unlawful for any person participating in, affiliated with,
or present as a spectator at any parade, funeral procession, picket
line, or demonstration upon any private health care facility or
upon any public place owned or under the control of the State or
any of its political subdivisions to willfully or intentionally possess or
have immediate access to any dangerous weapon. Violation of this
subsection shall be a Class 1 misdemeanor. It shall be presumed that
any rifle or gun carried on a rack in a pickup truck at a holiday
parade or in a funeral procession does not violate the terms of this
act.
(b) For the purposes of this section the term "dangerous
weapon" shall include those weapons specified in G.S. 14-269,
14-269.2, 14-284.1, or 14-288.8 or any other object capable of
inflicting serious bodily injury or death when used as a weapon.
(c) The provisions of this section shall not apply to a
person exempted by the provisions of G.S. 14-269(b) or to persons
authorized by State or federal law to carry dangerous weapons in the
performance of their duties or to any person who obtains a permit to
carry a dangerous weapon at a parade, funeral procession, picket
line, or demonstration from the sheriff or police chief, whichever
is appropriate, of the locality where such parade, funeral
procession, picket line, or demonstration is to take place. (1981,
c. 684, s. 1; 1983, c. 633; 1993, c. 412, s. 2; c. 539, s. 174;
1994, Ex. Sess., c. 24, s. 14(c); 1997-238, s. 4.)
Now, here is where it gets a bit sticky, The state pre-emption law (which is actually in two places, 14-415.23 and 14-409.40), which basically makes things uniform across the state, but it does have a few exceptions to allow local places to make stcricter laws...here's 14-409.40
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.
(c) Notwithstanding subsection (b) of this section, a county
or municipality, by zoning or other ordinance, may regulate or
prohibit the sale of firearms at a location only if there is a
lawful, general, similar regulation or prohibition of commercial
activities at that location. Nothing in this subsection shall
restrict the right of a county or municipality to adopt a general
zoning plan that prohibits any commercial activity within a fixed
distance of a school or other educational institution except with a
special use permit issued for a commercial activity found not to
pose a danger to the health, safety, or general welfare of persons
attending the school or educational institution within the fixed
distance.
(d) No county or municipality, by zoning or other ordinance,
shall regulate in any manner firearms shows with regulations more
stringent than those applying to shows of other types of items.
(e) A county or municipality may regulate the transport,
carrying, or possession of firearms by employees of the local unit
of government in the course of their employment with that local unit
of government.
(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.
(g) The authority to bring suit and the right to recover
against any firearms or ammunition marketer, manufacturer,
distributor, dealer, seller, or trade association by or on behalf of
any governmental unit, created by or pursuant to an act of the
General Assembly or the Constitution, or any department, agency, or
authority thereof, for damages, abatement, injunctive relief, or any
other remedy resulting from or relating to the lawful design,
marketing, manufacture, distribution, sale, or transfer of firearms
or ammunition to the public is reserved exclusively to the State.
Any action brought by the State pursuant to this section shall be
brought by the Attorney General on behalf of the State. This section
shall not prohibit a political subdivision or local governmental
unit from bringing an action against a firearms or ammunition
marketer, manufacturer, distributor, dealer, seller, or trade
association for breach of contract or warranty for defect of
materials or workmanship as to firearms or ammunition purchased by
the political subdivision or local governmental unit. (1995 (Reg.
Sess., 1996), c. 727, s. 1; 2002-77, s. 1.)
And 14-415.23
14-415.23. Statewide uniformity.
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, their appurtenant premises, and
parks. (1995, c. 398, s. 1.)
Now, you can see in 14-490.40 that it allows local areas to exercise their "rights" under 14.277.2 which is the parades section. Now, I'm not a lawyer, so I don't know if that allows them to add/interpret 14.277.2 the way they want or not....all I know is that I'm a bit concerned about being a test case.
I know that Fayetteville has very similar language in their ordinances to cover "public gatherings"
David