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Thread: is it ok to carry at this park?

  1. #1
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    Ok, know I can not carry at State Parks or State/National Forests but what about the city parks? For Example the city park below, Can someone confirm for me, I assuming that I can carry at all city parks but I rather ask.

    Anderson Point Park

    I found the Listing of North Carolina State Parks below
    http://www.stateparks.com/nc.html

    Here is the listing City of Raleigh Parks
    http://www.raleighnc.gov/portal/serv...acilities.html



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    It depends on whether or not Raleigh has any municipal ordinances or codes prohibiting firearms in their parks. According to NC State Code, a municipality MAY prohibit firearms on city property and DOES NOT have to post it as prohibited.

    In other words, just because there aren't "no guns" signs, doesn't mean it's an "OK zone" for carry.

    Call the Raleigh City Attorney if you want the "official" ruling on this.

    But the way I read the Raleigh MuniCode (and remember, IANAL) it's OK, as long as you're not part of an assembly, parade, protest, or an event sponsored by the Dept. of Recreation. Here are the relevent Statutes from Raleigh's MuniCode:

    Sec. 9-2021. WEAPONS PROHIBITED. It shall be unlawful for any person to possess or carry on or about his person , whether openly or concealed, any deadly weapon including but not limited to any: bowie knife, dirk, dagger, sling-slot, loaded cane, metallic knuckles, razor, shurikin, stun gun, pistol, revolver, gun, rifle, or nightstick; at any meeting, assemblage, or parade on any property , street , alley or other public way, park, greenway on which any activity is undertaken under the auspices, supervision, or sponsorship of the City of Raleigh Parks and Recreation Department.

    This section shall not apply to law enforcement or other government personnel acting within the scope of their employment; nor shall this section apply to weapons used solely for instructional classes or for officially sanctioned ceremonial purposes.
    Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of five hundred dollars ($500.00) and/or imprisonment. In addition to said punishment, any person convicted under this section will be prohibited from entering on park property of the City or participating in Parks and Recreation activities for a period of up to one year .
    (Code 1959 , §16-29; Ord. No. 1992-39, §1, 9-1-92) Cross reference: Firearms; discharge within City, §13-2010.


    Sec. 13-2010. FIREARMS; DISCHARGE WITHIN CITY.
    (a)It shall be unlawful for any person to shoot or discharge within the corporate limits of the City , any air rifle, gun or pistol, or any spring gun, pistol, or other similar device which impels with force any shot or pellet of any kind. The Chief of Police or any member of the Police Department is hereby authorized to seize and hold subject to order of court, any such air rifle, gun or pistol or spring gun or pistol, or other similar device which impels with force any shot or pellet of any kind, which shall be used, shot, or discharged within the City , in violation of this section.
    This subsection shall not become effective immediately with respect to property which meets the following criteria: (i) consists of one thousand (1,000) or more contiguous acres under common ownership; (ii) does not contain an occupied residence ; (iii) has been annexed by voluntary petition with an effective date on or after July 1, 1995; and (iv) the owner shows by satisfactory proof that there is an outstanding lease, for hunting purposes, to an organized hunting club. This subsection shall become effective with respect to such property on the earlier of three (3) years after the effective date of annexation or the date the hunting club lease, including allowable extensions, expires or is terminated. The property owner shall notify the City of the expiration or termination of the lease if within the three- year period. Between the effective date of annexation and the date this subsection becomes effective, firearms may be discharged on the property only for hunting purposes by persons who are members or permitted guests of the lessee hunting club, or otherwise as allowed by this section, but in no event within one thousand (1,000) feet of an occupied residence .
    (b)Nothing in this section shall be construed to prevent a person over twenty-one (21) years of age using a .22 calibre rifle with blank or shot cartridges upon property owned or occupied by him from firing upon pigeons, squirrels or rats (when not in violation of state law) upon or around an apartment or dwelling or, with written permission of the owner and occupant, another occupied facility, if such person shall first procure a permit from the Chief of Police for such purpose. The permit shall run for not more than ninety (90) days, and shall authorize firing during daylight hours on weekdays only upon premises owned or occupied by the applicant, and shall be revocable by the Chief of Police upon a violation of its conditions or upon complaint that the permit holder is not exercising his privilege in a careful and prudent manner and with due regard to life and property . Permits shall not be issued for property located within one hundred fifty (150) feet of a school or park.
    (c)The provisions of this paragraphshall not be construed to prohibit the discharge of such devices either during a course of instruction in their use conducted by the Police Department of the City or on a firing range completely enclosed within a building in the City , after inspection of the building and approval of the use of such range by the Police Department from the standpoint of public safety.
    (d)It shall be illegal to possess a firearm, including concealed handguns otherwise allowed by the provisions of G.S. article 54B, on or about the person on any City -owned or controlled property , whether real or personal. The City Manager is hereby directed to post an appropriate notice of the ban on concealed handguns at and in every lot or building owned or controlled by the City. This prohibition shall not apply to on-duty law enforcement personnel, active duty military personnel on assignment, or to any activities carried out on a City -owned or controlled fire range.
    (Code 1959 , §15-21; Ord. No. 1981-562, §1, 1-6-81; Ord. No. 1992-8, §1, 7-7-92; Ord. No. 1993-188, §1, 5-4-93; Ord. No. 1995-749, §1, 10-18-95; Ord. No. 1995-788, §1, 12-5-95; Ord. No. 2002-277, § 1, 9-3-02)

    Cross reference: Weapons prohibited, §9-2021. State law reference: Authority to regulate firearms,G.S. 160A-189.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggressionand this is hogwash."
    --Barry Goldwater, 1964

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    Too many laws and regulations, why can't they make it straights forward and simple.
    It looks like it is prohibited to OC or CC almost every where.


    I will Call the Raleigh City Attorney tomorrow and see if I can get the answer.

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    airwolf09 wrote:
    Too many laws and regulations, why can't they make it straights forward and simple.
    It looks like it is prohibited to OC or CC almost every where.


    I will Call the Raleigh City Attorney tomorrow and see if I can get the answer.
    North Carolina needs statewide preemption as we enjoy in Virginia!



  5. #5
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    Agreed...

    Plus we need to abolish the "restaurant ban" too...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggressionand this is hogwash."
    --Barry Goldwater, 1964

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    ...am I missing something, what is North Carolina's gun rights group? You do have some group equivalent to the VCDL in Virginia right? Right??? Please tell me I am simply missing it with bad google-fu.

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    NC has nothing nearly as pro-active.

  8. #8
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    Grass Roots North Carolina...

    http://www.grnc.org/

    Thy proposed "restaurant ban" repeal legislation last session, but it go shot down, and they missed the filing deadline for this current session, so we have to wait for the next session to roll around to propose it again...

    GRNC is good, and very active, but I don't think they have the money OR the massive lawyer base that VCDL has.

    It's an uphill battle here...

    Plus our governor, Bev Purdue, is an anti-2A elitist. She has vowed to veto any pro-2A bills that cross her desk, and has done so on a few occasions already.

    Two more years, Bev, two more years. Better start packing now...

    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggressionand this is hogwash."
    --Barry Goldwater, 1964

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    What Dreamer said. Amen!!!

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    Dreamer wrote:
    Plus our governor, Bev Purdue, is an anti-2A elitist. She has vowed to veto any pro-2A bills that cross her desk, and has done so on a few occasions already.

    Two more years, Bev, two more years. Better start packing now...
    Ok, which one of you here voting for Bev Purdue to take office.

  11. #11
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    Bev Purdue is currently in office, and is going to be Governor until January 2013...

    And no, I did NOT vote for her last time around. I was just stating that she is the one in office now, and so has final sign-off on any pro-2A bills that are proposed (and that she has a BAD track record for 2A issues...)

    The "two more years" remark was meant to mean she's only got 2 more years in office, because we are going to do everything we can to vote her out in 2012, and replace her with someone who actually believes in the US and NC Constitutions...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggressionand this is hogwash."
    --Barry Goldwater, 1964

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    And here I sat thinking that was what you said all along.

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    I have sent an email to Tom.McCormick@ci.raleigh.nc.us asking this question, will see if I get any email reply back or not.

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    Dreamer wrote:

    Plus our governor, Bev Purdue, is an anti-2A elitist. She has vowed to veto any pro-2A bills that cross her desk, and has done so on a few occasions already.

    What pro gun bills has she vetoed? I didn't know of any that had passed the General Assembly.
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