durham county oc question about registration slip

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durham county is the only county in nc that requires you to register a handgun:cuss:

when you register at the courthouse they give you a yellow slip showing that you registered. my question is: are you required by law to carry that piece of paper if you are ocing? it would seem logical that if you are not even required to show id when ocing, that you woulnt have to show a registration slip. if you dont have it does anyone know what the concequences are?

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first I've heard of this. It doesn't sound valid as NC state law preempts all municipal laws regarding firearm purchses and possession.

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Sounds fishy. There is no registration in NC so Durham County may be acting outside the law. Not that I would be surprised...

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I think Durham county's law was grandfathered in when preemption passed, so it stands.

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Durhams' Registration Law is exempted from StatePreemption concerning Handguns... and to this end you must register your Handgun in Durham County.

Open Carry is, at least in Durham County, a moot point; because of the 'display' verbiage and 'going armed to the terror of the public' clauses under North Carolina Local Exemption Law to Firearms Preemption.

While techniquelyLegal... it would invite an arrest. Section 17-95 of their Local Code is authorized under North Carolina Firearms Law, and you will be arrested for open carry the second someone, anyone, complains. Durham, holds a Leglaized monpoly over Local registration and control over Firearms, and this will not change until the North Carolina General Assembly repeals those Local options.

The further you manage to get away form the bigger Cities in North Carolina the more able you will be to carry a holstered Handgun without any problems.

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aadvark wrote:
The further you manage to get away form the bigger Cities in North Carolina the moreable you will be to carry a holstered Handgun without any problems.

Very true statement. If the law was in place prior to the state firearms code, then it could stand up to state preemption. Doesn't make it any less unconstitutional.

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First, IANAL, and I do not have a citation for it, but it is my understanding that the state courts overturned Durham's registration ordinance - but the sheriff continues to put the notice of restristration on all pistol purchase permits.

I guess they get away with it because nothing bans them from the keeping the info, it just isn't "required" anymore

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Yes it is a legal requirement to register any handgun ( this rule does not apply to long guns unless they are machine guns) within Durham. The original law was written into House Bill 566 in 1935, Chapter 157. The rule seemed a little vague as to whether it requires you be a resident or just have possession to be affected by the statue. You must register within 10 days of your purchase or taking ownership. If you sell the item the new buyer is required to register in their name. Failure to do so is considered a misdemeanor.

On the idea that if you open carry do you need the permit with you. It depends on whether you would like to let local Law Enforcement hold your firearm for 10 days until you appear before them with the registration. The law allows them to confiscate your firearm if you have no proof of registration for a period of ten days, after which they "shall destroy the same within a the year" if you can not produce proof of registration.

The Clerk can in writing require that you present your firearm for registration ( The clerk of the superior court may in his discretion require that the pistol.........be presented to him for registration")
DO NOT SHOW UP AT THE COURTHOUSE WITH YOUR FIREARM. IF THEY WANT TO SEE IT THEY WILL SEND YOU A REQUEST IN WRITING!

With regards to the law being struck down or invalid I have found no proof of that. The "Shephard's North Carolina Citations" show no records of case law regarding this statute. Therefore I assume that it has not been tested in a court of law.

With regards to the 14-409.40 Uniformity Laws it is clearly stated that "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.".

Durham has been given the authority to require registration per the 1935 HB 566 Chapter 157. For clarification I spoke with John J. Aldridge III (Special Deputy Attorney General) last week and he assured me that this is still a valid law. Attorney General Roy Coopers document "North Carolina Firearms Laws" revised December 2007 also states on page 34 clearly that this is the Attorney Generals understanding.

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aadvark wrote:

Open Carry is, at least in Durham County, a moot point; because of the 'display' verbiage and 'going armed to the terror of the public' clauses under North Carolina Local Exemption Law to Firearms Preemption.

While techniquely Legal... it would invite an arrest.  Section 17-95 of their Local Code is authorized under North Carolina Firearms Law, and you will be arrested for open carry the second someone, anyone, complains.

Click to expand...

OC in places other than Durham, while technically legal, could be construed to invite arrest as well. That doesn't mean we should stop exercising our rights. Incidentally, I was stopped in Durham a year ago and was OC'ing a firearm on my passenger seat. I did not get arrested and was just given a warning for the original traffic violation.

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Now, they can't require every firearm be registered that is in Durham, because people traveling may not be residents. It I am OCing in Durham (I have a few times) and they wanted to check and see if it was registered to me, then they would have problems.