sultan62
Regular Member
This thread was created after some light debate regarding carry in ABC stores, whether or not public property can legally be posted against carry, etc. in the thread OC experience reports.
In this post, I'll be detailing information I've found regarding OC on public property. There will be some CC crossover, and if anyone wants to put up information on CC in addition to OC, feel free. It's all useful information.
Remember, I am not a lawyer, this is not legal advice, so on and so forth. Do your own research, I will not be held liable.
Statutes, links, and commentary follow. Statutes will be, in all cases, in quote blocks. Commentary will not. All color emphasis will be made by me. In most cases, I have only copied and pasted certain parts of the statutes, and should be easily distinguishable both by numbering and use of ellipses(...). Statutes were retrieved from http://www.ncleg.net/gascripts/Statutes/Statutes.asp
As you see in red above, it appears that municipalities and counties have the ability to prohibit 'possession of firearms in public‑owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas.' However, when looking at all of the given statutes, this appears to be overly broad and mis-representative of the given statutes, and therefore the actual legal permissions to prohibit carry.
Pretty straightforward. This pertains to discharge of firearms only.
Still about discharge of firearms.
This statute relates to concealed carry only.
Don't carry at schools, bars, restaurants that serve alcohol, you know the drill. The only reason I put these in is to cover all statutes shown in § 14-409.40(f).
This is the only statute I have found regarding carry on public property not specifically about concealed carry only. As you can see, the heading of the statute makes it appear as though state property is off-limits. However, this does not appear to be the case when the statute is actually read. It clearly states that the statute applies to the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or on the grounds of any of these buildings, and in any building housing any court of the General Court of Justice.
Don't carry weapons at parades, etc.
Relates to concealed carry only.
This is still part of § 14‑415, and is therefore about concealed carry only. Furthermore, the blue part above appears to be the source for the vague wording in § 14‑409.40(f), "prohibiting the possession of firearms in public‑owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas."
Hopefully this will get some discussion going and we can get some of the laws here clarified and/or changed. I don't have any experience dealing with the legal system so maybe someone else can help out there.
In this post, I'll be detailing information I've found regarding OC on public property. There will be some CC crossover, and if anyone wants to put up information on CC in addition to OC, feel free. It's all useful information.
Remember, I am not a lawyer, this is not legal advice, so on and so forth. Do your own research, I will not be held liable.
Statutes, links, and commentary follow. Statutes will be, in all cases, in quote blocks. Commentary will not. All color emphasis will be made by me. In most cases, I have only copied and pasted certain parts of the statutes, and should be easily distinguishable both by numbering and use of ellipses(...). Statutes were retrieved from http://www.ncleg.net/gascripts/Statutes/Statutes.asp
§ 14‑409.40. Statewide uniformity of local regulation.
...
(f) Nothing contained in this section prohibits municipalities or counties from application of their authority under G.S. 153A‑129, 160A‑189, 14‑269, 14‑269.2, 14‑269.3, 14‑269.4, 14‑277.2, 14‑415.11, 14‑415.23, including prohibiting the possession of firearms in public‑owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas, except nothing in this subsection shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas. Nothing contained in this section prohibits municipalities or counties from exercising powers provided by law in declared states of emergency under Article 36A of this Chapter.
...
As you see in red above, it appears that municipalities and counties have the ability to prohibit 'possession of firearms in public‑owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas.' However, when looking at all of the given statutes, this appears to be overly broad and mis-representative of the given statutes, and therefore the actual legal permissions to prohibit carry.
§ 153A‑129. Firearms.
A county may by ordinance regulate, restrict, or prohibit the discharge of firearms at any time or place except when used to take birds or animals pursuant to Chapter 113, Subchapter IV, when used in defense of person or property, or when used pursuant to lawful directions of law‑enforcement officers. A county may also regulate the display of firearms on the public roads, sidewalks, alleys, or other public property. This section does not limit a county's authority to take action under Chapter 14, Article 36A. (1973, c. 822, s. 1; 2006‑264, s. 16.)
Pretty straightforward. This pertains to discharge of firearms only.
§ 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.)
Still about discharge of firearms.
§ 14‑269. Carrying concealed weapons.
...
(a1) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any pistol or gun except in the following circumstances:
...
This statute relates to concealed carry only.
§ 14‑269.2. Weapons on campus or other educational property.
...
§ 14‑269.3. Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed.
...
Don't carry at schools, bars, restaurants that serve alcohol, you know the drill. The only reason I put these in is to cover all statutes shown in § 14-409.40(f).
§ 14‑269.4. Weapons on State property and in courthouses.
It shall be unlawful for any person to possess, or carry, whether openly or concealed, any deadly weapon, not used solely for instructional or officially sanctioned ceremonial purposes in the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or on the grounds of any of these buildings, and in any building housing any court of the General Court of Justice. If a court is housed in a building containing nonpublic uses in addition to the court, then this prohibition shall apply only to that portion of the building used for court purposes while the building is being used for court purposes.
...
This is the only statute I have found regarding carry on public property not specifically about concealed carry only. As you can see, the heading of the statute makes it appear as though state property is off-limits. However, this does not appear to be the case when the statute is actually read. It clearly states that the statute applies to the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or on the grounds of any of these buildings, and in any building housing any court of the General Court of Justice.
§ 14‑277.2. Weapons at parades, etc., prohibited.
...
Don't carry weapons at parades, etc.
§ 14‑415.11. Permit to carry concealed handgun; scope of permit.
Relates to concealed carry only.
§ 14‑415.23. Statewide uniformity.
It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun. A unit of local government may adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun, in accordance with G.S. 14‑415.11(c), on local government buildings, their appurtenant premises, and parks. (1995, c. 398, s. 1.)
This is still part of § 14‑415, and is therefore about concealed carry only. Furthermore, the blue part above appears to be the source for the vague wording in § 14‑409.40(f), "prohibiting the possession of firearms in public‑owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas."
Hopefully this will get some discussion going and we can get some of the laws here clarified and/or changed. I don't have any experience dealing with the legal system so maybe someone else can help out there.