chiefjason
Regular Member
imported post
Here is the Cary, NC page for firearms.
http://www.townofcary.org/Departmen...Services/Firearms_within_the_Town_of_Cary.htm
Specifically this.
The Town of Cary does not allow the open or concealed carry of a weapon while on any public property within our community including on greenways, in public parks or Town facilities, or in Town-owned parking lots. The ordinance does not allow the open carry of any firearm on public sidewalks or right-of-ways. See Section 22-51(a) of the Town of Cary Code of Ordinances.
Here is their actual code.
(d) Applicability to other public locations. No person shall display any firearm or other deadly weapon as defined in G.S. § 14-269(a) while on any public street, alley, sidewalk or other public property within the town unless specifically permitted or authorized by law.
here
http://www.amlegal.com/pdffiles/Cary_pdf/code_CH22.pdf
Noticed it says Authorized by law. Hmmm. I'm wondering how this stands in the light of NCSC case law?
State v Kerner
ALLEN, J. (concurring). The right to bear arms, which is protected and safeguarded by the federal and state Constitutions, is subject to the authority of the General Assembly, in the exercise of the police power, to regulate; but the regulation must be reasonable and not prohibitive, and must bear a fair relation to the preservation of the public peace and safety.
This is, I think, the correct principle, and it appears to me the constitutional privilege is infringed by the act under which the defendant is indicted, as it makes one guilty of a violation of law who carries a pistol off his own premises openly and for a lawful purpose without a permit, and he is required to pay $5 and to give a bond in the sum of $500 before the permit can issue.
No provision is made for an emergency, and no exception in favor of one who carries a pistol off his premises openly, in the necessary defense of his person or property, when he has had no opportunity to secure a permit.
http://www.guncite.com/court/state/107se222.html
State v Huntley
But although a gun is an "unusual weapon," it is to be remembered that the carrying of a gun, per se, constitutes no (p.423)offence. For any lawful purpose--either of business or amusement--the citizen is at perfect liberty to carry his gun. It is the wicked purpose, and the mischievous result, which essentially constitute the crime. He shall not carry about this or any other weapon of death to terrify and alarm, and in such manner as naturally will terrify and alarm a peaceful people.
http://www.guncite.com/court/state/25nc418.html
Or State v LR Speller. This is a new one to me, just found the reference in Kerner.
It does not say that a citizen when beset with danger shall not provide for his security by wearing such arms as may be essential to that end; but simply that if he does do so, he must wear them openly, and so as to be seen by those with whom he may come in contact.
http://www.constitution.org/2ll/2ndcourt/state/105st.htm
Another thing, the city cites GS 14-409.40 as their ability to restrict OC. Now either I am blind or I am missing the part about roads and sidewalks in this GS statute. I have seen it before, but cannot track it down now. Just kind of thinking out loud here. I have never seen all the Cary stuff in one place before. Thought it might be helpful to put it all together and look at it as the sum of it's parts instead of taking it for fact and resigning ourselves to the fact that this reading of the law is correct. What say you? I think it's time for a few emails.
If you were wondering, the NC pamphlet discussion got me looking into this in depth. But I did not want to hijack that thread.
Here is the Cary, NC page for firearms.
http://www.townofcary.org/Departmen...Services/Firearms_within_the_Town_of_Cary.htm
Specifically this.
The Town of Cary does not allow the open or concealed carry of a weapon while on any public property within our community including on greenways, in public parks or Town facilities, or in Town-owned parking lots. The ordinance does not allow the open carry of any firearm on public sidewalks or right-of-ways. See Section 22-51(a) of the Town of Cary Code of Ordinances.
Here is their actual code.
(d) Applicability to other public locations. No person shall display any firearm or other deadly weapon as defined in G.S. § 14-269(a) while on any public street, alley, sidewalk or other public property within the town unless specifically permitted or authorized by law.
here
http://www.amlegal.com/pdffiles/Cary_pdf/code_CH22.pdf
Noticed it says Authorized by law. Hmmm. I'm wondering how this stands in the light of NCSC case law?
State v Kerner
ALLEN, J. (concurring). The right to bear arms, which is protected and safeguarded by the federal and state Constitutions, is subject to the authority of the General Assembly, in the exercise of the police power, to regulate; but the regulation must be reasonable and not prohibitive, and must bear a fair relation to the preservation of the public peace and safety.
This is, I think, the correct principle, and it appears to me the constitutional privilege is infringed by the act under which the defendant is indicted, as it makes one guilty of a violation of law who carries a pistol off his own premises openly and for a lawful purpose without a permit, and he is required to pay $5 and to give a bond in the sum of $500 before the permit can issue.
No provision is made for an emergency, and no exception in favor of one who carries a pistol off his premises openly, in the necessary defense of his person or property, when he has had no opportunity to secure a permit.
http://www.guncite.com/court/state/107se222.html
State v Huntley
But although a gun is an "unusual weapon," it is to be remembered that the carrying of a gun, per se, constitutes no (p.423)offence. For any lawful purpose--either of business or amusement--the citizen is at perfect liberty to carry his gun. It is the wicked purpose, and the mischievous result, which essentially constitute the crime. He shall not carry about this or any other weapon of death to terrify and alarm, and in such manner as naturally will terrify and alarm a peaceful people.
http://www.guncite.com/court/state/25nc418.html
Or State v LR Speller. This is a new one to me, just found the reference in Kerner.
It does not say that a citizen when beset with danger shall not provide for his security by wearing such arms as may be essential to that end; but simply that if he does do so, he must wear them openly, and so as to be seen by those with whom he may come in contact.
http://www.constitution.org/2ll/2ndcourt/state/105st.htm
Another thing, the city cites GS 14-409.40 as their ability to restrict OC. Now either I am blind or I am missing the part about roads and sidewalks in this GS statute. I have seen it before, but cannot track it down now. Just kind of thinking out loud here. I have never seen all the Cary stuff in one place before. Thought it might be helpful to put it all together and look at it as the sum of it's parts instead of taking it for fact and resigning ourselves to the fact that this reading of the law is correct. What say you? I think it's time for a few emails.
If you were wondering, the NC pamphlet discussion got me looking into this in depth. But I did not want to hijack that thread.