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Thread: Who rules City or State

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    Regular Member lonewolf2810's Avatar
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    Question Who rules City or State

    I am just trying to get a grip on who's law prevails in State and City Gov. I hope you don't think I am asking a stupid question but I am sure it has crossed a lot of peoples minds that really don't know.

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    In cases of conflict, the state prevails unless their law is ruled unconstitutional

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    Moderator / Administrator Grapeshot's Avatar
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    State Preemption

    North Carolina’s preemption statute, North Carolina General Statutes § 14-409.40, declares the regulation of firearms to be a general, statewide concern, and precludes all local regulation except as specified in the statute. Section 14-409.40(a).
    Section 14-409.40(b) specifically prohibits all local governments from regulating "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" unless otherwise permitted by statute. The exceptions to this statute are as follows:

    • With respect to firearms sales, cities and counties may enact non-discriminatory regulations or prohibitions of such sales at locations if there is a "lawful, general, similar regulation or prohibition of commercial activities" at the location. Section 14-409.40(c);
    • Cities and counties may enact general zoning plans that prohibit commercial activity within a fixed distance of a school or other educational institution without a special use permit issued for a commercial activity found not to pose a danger to the public health and safety of those attending that school or institution. Section 14-409.40(c);
    • Cities and counties may apply the authority they are given under certain specified state statutes to regulate or prohibit possession of firearms in, or on the grounds or in the parking areas of, publicly owned buildings, public parks, or recreation areas. Section 14-409.40(f). Persons are not prohibited by section 14-409.40(f) from lawfully storing firearms within a motor vehicle when the vehicle is in any of these public locations;
    • A local government may adopt an ordinance to permit the posting of prohibitions against carrying concealed handguns in local government buildings and parks (but is expressly prohibited from enacting other ordinances, rules, or regulations concerning legally carrying a concealed handgun). Section 14-415.23;
    • Cities and counties may regulate the transportation, carrying, and possession of firearms by their employees in the course of that employment. Section 14-409.40(e);
    • Cities and counties continue to have emergency powers as specified by statute. Sections 14-409.40(f) and 14-288.12;
    • Counties may regulate or prohibit the discharge of firearms at any time or place except when lawfully used to take animals or in defense of person or property. Section 153A-129;
    • Cities may regulate or prohibit the discharge of firearms at any time or place except when used in defense of person or property. Section 160A-189;
    • Cities and counties may regulate the display of firearms on public roads, sidewalks, alleys or other public property. Section 160A-189 (cities), section 153A-129 (counties);
    • Cities and counties may regulate or prohibit the sale, possession or use of pellet guns. Section 160A-190 (cities), section 153A-130 (counties); and
    • Cities and counties may levy privilege license taxes on firearms dealers. Section 160A-211 (cities), section 153A-152 (counties).
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Moderator / Administrator Grapeshot's Avatar
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    State Preemption

    Deleted double tap
    Last edited by Grapeshot; 07-21-2010 at 09:00 PM. Reason: Double posting
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member lonewolf2810's Avatar
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    Thanks GrapeShot for the post it cleared it up. I ask just for clarity on the way Cary's laws are written on the way you can carry. I will never go there just for that reason again Thanks.

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    Besides Cary and Chapel Hill what are some other municipalities that restrict carry in parks greenways etc.?

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    UNfortunately just about every county and city I have to deal with bans firearms from their parks and buildings...

    Thankfully, they are required to post notice of such....

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    municipalities superseding state law

    Quote Originally Posted by mekender View Post
    In cases of conflict, the state prevails unless their law is ruled unconstitutional
    AZ state law and the right to allow open carry, does it truly allow a municipality to create their own regulation concerning same ?
    If not allowed inside any public building or its parking lot,public park or learning institution (such as county library ),can the state statute override their locally created rules ?
    Sounds to me as if Freedom of the majority rules out over the choices of self-incorporated communities ?

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    Moderator / Administrator Grapeshot's Avatar
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    Off Topic

    Quote Originally Posted by woodye85741 View Post
    AZ state law and the right to allow open carry, does it truly allow a municipality to create their own regulation concerning same ?
    If not allowed inside any public building or its parking lot,public park or learning institution (such as county library ),can the state statute override their locally created rules ?
    Sounds to me as if Freedom of the majority rules out over the choices of self-incorporated communities ?
    This is the NC sub-forum.

    Questions regarding AZ should be directed to that sub-forum.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    NC's preemption might be pretty good if it did not have so many exceptions. Sigh....

    Since you mentioned Cary, keep in mind that their restriction only applies to property that the city owns. OC is still legal on private property inside the city limits of Cary.

    Basically, city and counties can overrule the state on their own property. On private property, state rules.

  11. #11
    Regular Member Dreamer's Avatar
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    Quote Originally Posted by chiefjason View Post
    NC's preemption might be pretty good if it did not have so many exceptions. Sigh....

    Since you mentioned Cary, keep in mind that their restriction only applies to property that the city owns. OC is still legal on private property inside the city limits of Cary.

    Basically, city and counties can overrule the state on their own property. On private property, state rules.

    Although functionally accurate in the cases of Cary and Chapel Hill, this is not the reason why Cary and Chapel Hill "get a pass" on State Preemption. They already had their prohibitory laws on the books BEFORE NC enacted it's State Preemption Statute, and so they got grandfathered in.

    Well, they got grandfathered in because of the MASSIVE political pull that Cary and Chapel Hill represent through campaign contributions and tax revenues...

    If some of the poor counties had laws on the books when the State Preemption statute was enacted, and had petitioned for being grandfathered in, you can bet that they would have been told to pound sand, and they needed to toe the line like everyone else.

    The more I learn about the history of NC gun laws, the more I realize that it's VERY similar to Maryland--directed by racism, money and corruption...
    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 aggression—and this is hogwash."
    --Barry Goldwater, 1964

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