GRNC Alert 9-29-11: City of Garner Planning to Abuse Parks Carry

Grass Roots North Carolina, P.O. Box 10665, Raleigh, NC 27605, 919-664-8565, www.GRNC.org

GRNC Alert 9-29-11:
City of Garner Planning to Abuse Parks Carry

It is almost a theorem that no sooner is a good law passed than bad politicians will attempt to bypass it. Such is the case with the new parks carry law. The latest entrant into the contest is the town of Garner. On Monday, October 3 the city council will hold a meeting to consider changes in local ordinances in response to the new law.

Among things being discussed are the following:
- A modification of their discharge ban which may be a violation of state law GS 160A-189
- Involvement of the UNC School of Govt. and the NC Recreation & Park Assoc., including their opinion that the definition of "recreational facilities" will likely be clarified in a court challenge

Interestingly enough they seem to want to abide by the law. It is concerning that they don't simply take the law at face value rather than trying to reinterpret it first. In any case, they need to hear from you, especially if you live in Garner.

IMMEDIATE ACTION REQUIRED

Contact the following people:
* Mayor Ronnie S. Williams - 919-773-4404; rwilliams@garnernc.gov
* Mayor Protem Kathy Behringer - 919-772-3515; kbehringer@garnernc.gov
* Council Member Ken Marshburn - 919-662-0902; kmarshburn@garnernc.gov
* Council Member Jackie Johns, Sr. - 919-772-0929; jjohns@garnernc.gov
* Council Member Gra Singleton - 919-772-0924; grantraceysingleton@earthlink.net
* Council Member Buck Kennedy - 919-624-3696; bkennedy@garnernc.gov

DELIVER THIS MESSAGE

Dear Council Members:

I urge you to respect the new law allowing law abiding citizens the right to self protection within parks. Concealed carry holders have repeatedly proven to be sane, sober and law abiding over the last 16 years that North Carolina's CCW ordinance has been in force. Any concerns you have in regards to concealed carry in parks are totally unfounded. Not only have the "wild west" scenarios laid out by those unwisely opposing this law not materialized, but in fact everywhere this has been tried, crime has gone down.

Any move to limit my rights will factor into any spending decisions I may make in regards to your town. There will also be a toll to pay at the polls in the subsequent elections.

Respect my right to self protection in what are often dangerous locations. I will be monitoring your actions via Grass Roots North Carolina legislative alerts.

Respectfully,

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Taken from HB 650 v6

SECTION 21.(b) G.S. 14-415.23 reads as rewritten:
"§ 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 and their appurtenant premises. A unit of local government may adopt an ordinance to prohibit, by posting, the carrying of a concealed handgun on municipal and county recreational facilities that are specifically identified by the unit of local government. If a unit of local government adopts such an ordinance with regard to recreational facilities, then the concealed handgun permittee may, nevertheless, secure the handgun in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle. For purposes of this section, the term "recreational facilities" includes only the following: a playground, an athletic field, a swimming pool, and an athletic facility."

Emphasis on the last sentence.

So, what's there to interpret?

Sounds to me like a pond with a few park benches, picnic tables, and a trail around it is not a "recreational facility" and therefore trying to exercise any ban on such premisis would go against state law as of Dec, 1, 2011.