Legally owning

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The purtenant part of that statutereads:

"(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."

There is no specific statute that allows Durham to register it's citizens handguns.In order forDurham to be able to license handguns they have to be allowedto do so by a statute from the NC Legislature. After that,Durham must set up an ordinance that lays out asystem to license handguns and then requires it's citizens to register their handguns. Without those two items, Durham cannot legally require it's citizens to registertheir handguns.

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I see we will not come to terms on this one, and it could be my misunderstanding of the statute. In that respect, I concede.

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It does say in the AG's Opinion that there is a statute, so I don't blame you for believing it. I usually like to trust my elected officials as well :banghead:.But a statute is not referenced and I can find no other evidence that one exists. If someone can show me that statute and subsequent Durham ordinance I will change my opinion real fast.

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Dubccat51, Would you say this is a scare tactic of the authority forces in Durham for the unenlightened? I mean Durham has BAD crime and so they appear to punish the honest citizens and stay away from the real criminals.

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That's what it appears to be. This was probably a law before pre-emption and Durham kept the rumor alive that it was in fact law to appear liberal and tough on guns. In 1993 or 1995 a lot of general statutes were repealed in the NC GS 14-490 section and i'm willing to bet thatthis statutewas among them.

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Would ya say it's time for me to move outta Durham county?

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dubccat51 wrote:

That's what it appears to be. This was probably a law before pre-emption and Durham kept the rumor alive that it was in fact law to appear liberal and tough on guns. In 1993 or 1995 a lot of general statutes were repealed in the NC GS 14-409 section and i'm willing to bet thatthis statutewas among them.

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Nah. I like to go to Durham. It beats the heck out of Roxboro on a Friday or Saturday night. I just kinda stay on the edges as best as possible.

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But don't ever go unarmed, that's my feeling. Have you ever been to Honey's on 85 and Guess Road at 2 a.m.? Whoa!:what:

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I found this tidbit interesting from a Durham session...

http://www.durhamnc.gov/agendas/minutes/cc_minutes_05_04_98.pdf

Look for: SUBJECT: DURHAM'S GUN REGISTRATION LAW (HOUSE BILL 566)

Its about 3/4s of the way down and read about their measures to computerize the gun registration system and how it failed. Also, they sought the AG's interpretation to see if gun registration would still be legal due. Ah, crap here it is.

SUBJECT: DURHAM'S GUN REGISTRATION LAW (HOUSE BILL 566)
To approve the Police Department's recommendation concerning funding a computerized gun registration program.
John Posthall, representing Grass Roots North Carolina Political Victory Fund, stated the law is unlikely to withstand a constitutional challenge from one of the group's many lawyers - some of whom work for free to defend gun ownership.
Shiangtai Tuan, a Durham resident, stated the council should stick to laws that serve a purpose and work.
Terry Fields, a Chapel Hill resident, stated the law violates gun owners' civil rights.
Chris Tiffany, a Durham resident, spoke in opposition to police aggressiveness.
Jerry Varns, a Durham resident, stated the law will distract the new police chief diverting her attention away from community action and community support and cause polarization and a loss of momentum.
Police Chief Chambers stated this proposal would be used as a tool and they needed a way to retrieve the data and resources were needed to make that a reality.
A motion was made by Council Member Miller to approve the item as printed on the agenda. This motion was seconded by Council Member McKissick.
For clarification, it was noted by the Mayor that this proposal was not a Durham City Ordinance it was a state law.
Several Council Members spoke in support of the item as printed on
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May 4, 1998
the agenda.
Mayor Tennyson stated he was concerned with violence and crime just like everyone else, however; he also was concerned about spending $21,000 and potential court costs relative to litigation. He recommended the city seek an opinion from the state attorney general's office to ensure that the state law was still constitutional before approving the recommendation to fund a computerized gun registration program.
Council Member McKissick noted that House Bill 566 had not been repealed by the General Assembly and encouraged the council to support the original motion.
SUBSTITUTE MOTION by Council Member Larson seconded by Council Member Burnette to delay action on this proposal and to direct the City Attorney to seek a determination from the state attorney general's office on House Bill 566 FAILED at 9:59 p.m. by the following vote: Ayes: Mayor Tennyson and Council Members Burnette, Cox, Griffin and Larson. Noes: Mayor Pro Tempore Clement and Council Members Blyth, Engelhard, Jacobs, Langley, McKissick and Miller. Absent: Council Member Brown.
MOTION by Council Member Miller seconded by Council Member McKissick to approve the Police Department's recommendation concerning funding a computerized gun registration program was approved at 9:59 p.m. by the following vote: Ayes: Mayor Tennyson, Mayor Pro Tempore Clement and Council Members Blyth, Burnette, Cox, Engelhard, Griffin, Jacobs, Langley, Larson, McKissick and Miller. Noes: None. Absent: Council Member Brown.

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Ok, who wants to summarize? 'Cause I just got confused .

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I have no clue. It appears they have a general statute that allows them to do it but I cant find it unless, similar to how people thought the castle doctrine passed last year, it died in commitee and they thought that it passed since their was a date on it. They did refer to the law as a bill 566, so maybe it is not an actual law. Something is very fishy with this whole handgun registration deal.

I was looking and did find something interesting though:

§ 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 36A of Chapter 14 of the General Statutes. (1971, c. 698, s. 1.)

That looks like something that would be considered to be in conflict with the ruling under State v. Kerner.

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Have you noticed that NO ONE can cite the state Law that granted Durham the power to register handguns?

North Carolina Rifle and Pistol Association
http://www.ncrpa.org/ncgunfaq.htm

Not cited.

http://www.wral.com/news/local/story/150138/

The local former police chief hated it.

http://www.pac2durham.com/minutes/pac/pac09_09_02.htm

Apparently, it costs money to register handguns. Solution? Stop it.

Some post on city-data.com bounces you back to the ncrpa site.

http://www.city-data.com/forum/north-carolina/75428-gun-laws-2.html

And finally, this text is from the state's own document which one again can't site the Law that granted Durham this special power.

http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf

DO MY GUNS HAVE TO BE REGISTERED WITH THE SHERIFF OR POLICE DEPARTMENT
WHERE I LIVE?
ANSWER: Except as to the requirement to lawfully possess a
machine gun under N.C.G.S. § 14-409, North Carolina
generally does not require other types of firearms to be
registered with the sheriff or Police Department. The
only type of "registration" requirement is that a purchaser
or receiver of a pistol must first obtain a pistol permit, for
each pistol, from the sheriff of the county in which he/she
resides. Note: A local act requiring registration for
Durham, N.C. is still valid law in the State.

Talk about elusive.

I have never seen a law so hard to find from this state. Did a "phantom law" statute pass this year in the General Assembly?

Guess not. So, let's recap.

Bogus law.

Bogus power.

Infringement on rights.

Case closed.

Nuff said.

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DO MY GUNS HAVE TO BE REGISTERED WITH THE SHERIFF OR POLICE DEPARTMENT WHERE I LIVE? ANSWER: Except as to the requirement to lawfully possess a machine gun under N.C.G.S. § 14-409, North Carolina generally does not require other types of firearms to be registered with the sheriff or Police Department. The only type of "registration" requirement is that a purchaser or receiver of a pistol must first obtain a pistol permit, for each pistol, from the sheriff of the county in which he/she resides. Note: A local act requiring registration for Durham, N.C. is still valid law in the State.

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So, having an unregistered handgun in Hertford isn't illegal? That's pretty much the exact opposite of what I've always heard...

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So, having an unregistered handgun in Hertford isn't illegal? That's pretty much the exact opposite of what I've always heard...

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People confuse pistol permits with registration. Sounds like that's what you're hearing about.

The pistol permit comes into play in both private trades and commercial transactions, and is only unnecessary if it is a one/two-generation (I believe) inheritance type deal between family members. So if you get a gun from your cousin, get the permit...if you get it from dad, no need to document.

Also, I believe you are exempted from PPs if you have a CCW, but there may still be some need for a photocopy of your CCW or what-not. Dunno, I have no CCW.

Registration is centered on the gun, and is AFAIK independent of background checks. PPs are just proof that you had a background check at the Sheriff's Office, and are a Jim Crow relic. Yeah, the SO can make weird rules up on the spot (like "Moral Character" as a standard).

Registration=database, pistol permit=no database. Ostensibly a database could be created in a county from pistol permits, but that may be illegal. I haven't ever heard of it.

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conwict wrote:

The pistol permit comes into play in both private trades and commercial transactions, and is only unnecessary if it is a one/two-generation (I believe) inheritance type deal between family members. So if you get a gun from your cousin, get the permit...if you get it from dad, no need to document.

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WRONG! A pistol purchase permit (or CHP permit)is ALWAYS required when you receive a handgun in North Carolina, PERIOD. THERE ARE NO EXCEPTIONS.

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DreQo,

[font="Trebuchet MS, Arial, Helvetica"]As of 8/10/04 a new law was enacted, which permits someone with a valid North Carolina Concealed Handgun Permit to purchase a pistol without the need to obtain a Pistol Purchase Permit.

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from http://www.ncrpa.org/ncgunfaq.htm

Full text and history available here: http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2003&BillID=H817&votesToView=all

-Conwict
[/font]

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AArgh, ok yeah, the CHP acts as a pistol purchase permit in that case. Post edited .

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To be fair, DreQo, I had not verified that statement before I made it. I had heard about a CHP acting as a pistol permit (IE, proof of background), but had never actually looked it up as it didn't apply to me. I should probably verify stuff before I say it, not after, but hey! I welcome any allowances when it comes to gun owners' rights...I think it's ludicrous that inheritances may/do require permits.

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conwict wrote:

To be fair, DreQo, I had not verified that statement before I made it. I had heard about a CHP acting as a pistol permit (IE, proof of background), but had never actually looked it up as it didn't apply to me. I should probably verify stuff before I say it, not after, but hey! I welcome any allowances when it comes to gun owners' rights...I think it's ludicrous that inheritances may/do require permits.

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I sure as hell don't agree with with this crap, either. Heck, in a perfect world there wouldn't even be any stinking numbers on my gun in the first place lol.