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Thread: State preemption

  1. #1
    Regular Member J_Oliver's Avatar
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    State preemption

    So as I'm reading through the freshly passed laws, I happen to notice something about state preemption. Does the new law now allow OC on public sidewalks in chapel hill and carry? Or am I reading into this wrong?

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    Regular Member Large Caliber Kick's Avatar
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    As I understand it, Chapel Hill doesn't prohibit carry other than their six inch rule to keep people from toting 'saturday night specials' or 'snubbies'. Cary on the other hand is a quagmire that I will let somebody else explain. I've read somewhere that according to their police chief they have relaxed a little, but I can't find proof that they have modified their laws at all.

  3. #3
    Regular Member J_Oliver's Avatar
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    Ahhh. So in other words, I'd have to carry a taurus judge or raging bull to OC in chapel hill...

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    "I'd rather be judged by twelve than carried by six..."

    [ Kyd: "I think I'm gonna have "13 1/2" tattooed on my shoulder..."

    Me: "Why the hell would you do that?"

    Kyd: "Thats one judge, 12 jurors, and a half a chance I'm gonna get off..." ]

  4. #4
    Regular Member Large Caliber Kick's Avatar
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    No, sorry I wasn't specific on where the six inches is measured. The firearm must be a minimum of six inches from the tip of the barrell to the far back lower corner of the grip as I understand it.

  5. #5
    Regular Member J_Oliver's Avatar
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    That makes more sense. Have to measure my G19 and H&K P30 and see if they fit the bill. Awesome, thanks!

    Sent from my DROID2 using Tapatalk
    "I'd rather be judged by twelve than carried by six..."

    [ Kyd: "I think I'm gonna have "13 1/2" tattooed on my shoulder..."

    Me: "Why the hell would you do that?"

    Kyd: "Thats one judge, 12 jurors, and a half a chance I'm gonna get off..." ]

  6. #6
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    Chapel Hill has the nothing smaller than 6" OC rule. Here is the newest version of the town of Cary's firearms page. I'm not sure if they have actually changed the laws or if this is what the PD is enforcing. There could be a difference there.

    http://www.townofcary.org/Department...wn_of_Cary.htm

    FWIW, we have had preemption for some time. But a few towns have been allowed to ignore it or found loopholes in case law to take advantage of.

  7. #7
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    Yes, the Chapel Hill ordinance fits within State v. Kerner (no open carry ban or licensing requirmeent on military sized handguns). State v. Kerner is essentially an open carry preemption mechanism in addition to state statutory preemption.

  8. #8
    Regular Member J_Oliver's Avatar
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    Quote Originally Posted by Mike View Post
    Yes, the Chapel Hill ordinance fits within State v. Kerner (no open carry ban or licensing requirmeent on military sized handguns). State v. Kerner is essentially an open carry preemption mechanism in addition to state statutory preemption.
    Now the size requirement makes sense. Thanks mike!

    Sent from my DROID2 using Tapatalk
    "I'd rather be judged by twelve than carried by six..."

    [ Kyd: "I think I'm gonna have "13 1/2" tattooed on my shoulder..."

    Me: "Why the hell would you do that?"

    Kyd: "Thats one judge, 12 jurors, and a half a chance I'm gonna get off..." ]

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