State preemption

J_Oliver · Jan 10, 2012

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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Large Caliber Kick · Jan 10, 2012

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.

J_Oliver · Jan 10, 2012

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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Large Caliber Kick · Jan 10, 2012

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.

J_Oliver · Jan 10, 2012

That makes more sense. Have to measure my G19 and H&K P30 and see if they fit the bill. Awesome, thanks!

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chiefjason · Jan 10, 2012

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/Departments/police/Community_Services/Firearms_within_the_Town_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.

Mike · Jan 10, 2012

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.

J_Oliver · Jan 11, 2012

Mike said:
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!

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State preemption

J_Oliver

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Large Caliber Kick

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J_Oliver

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Large Caliber Kick

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J_Oliver

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chiefjason

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Mike

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J_Oliver

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