cmlewis184
Regular Member
Long story short, I wanted to ride a WSTA bus and tried to find a firearms policy. From their website it seemed as if they didn't have one for their standard busses. I was then shut down when the bus rolled up with a "Weapons Prohibited" sign http://tinyurl.com/44jspaj So, I decided to send an email to the WSTA Operations Manager. After I sent this email, I found out that only the newer "green" busses have the "Weapons Prohibited" sign. Regardless, I received a response from their lawyer.
Sent: Thursday, July 28, 2011 12:01 PM
To: Dean Reynolds
Subject: WSTA Firearm Policy
To Operations Manager Dean Reynolds:
I am someone who enjoys using public transportation. Originally, I am from Chicago and used their transit system regularly, however, I have not used Winston-Salem's bus system until very recently. A benefit of living in North Carolina is the ability to obtain a Concealed Handgun Permit. I have gone through 8 hours of training in the classroom, and on a shooting range. [To OCers: Don't judge me for going the CHP route, Bureaucrats feel better when they think I've been "trained". I love and fully support unlicensed open carry, but I thought this would make a better argument]
In addition to being a CHP holder, I am a law abiding citizen. Which is why I checked the WSTransit website for rules and regulations before riding the bus system. The only mention of carrying a firearm I found on your website is under the "Trans-AID Rider's Guide 2009.pdf" where it says "You may not…carry any weapons…". Naturally, I assumed this did not apply to me because I do not qualify to ride a "Trans-AID" bus and there was no similar ban (listed) concerning standard WSTA busses.
It wasn't until I planned to ride the bus, while armed, that I saw the sign "Weapons Prohibited" on the exterior of the bus. I do not appreciate the lack of information on your website and I especially don't appreciate your disdain for the right to bear arms as stated in both the US and NC constitutions. I am writing to ask you to remove this sign from all of your busses and allow patrons to exercise their constitutional rights while riding WSTA.
I will not be riding any WSTA busses until this policy is changed, and I will encourage others to do the same. If this is not a policy and simply a city ordinance, kindly provide me with the ordinance reference as this may be in violation of North Carolina's state pre-emption as defined in GS 14-409.40 which only gives cities authority to regulate firearms in "public‑owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas".
From: Jerry Kontos <jerrynk@cityofws.org>
Date: Thu, Aug 11, 2011 at 9:20 AM
Subject: RE: WSTA Firearm Policy
To: "cmlewis184" <cmlewis184>
Cc: Art Barnes <abarnes@wstransit.com>, Angela Carmon <angelac@cityofws.org>, Allen Joines <allenj@cityofws.org>, Stanley Polanis <stanp@cityofws.org>, Greg Turner <gregt@cityofws.org>, Lee Garrity <leeg@cityofws.org>
I am in receipt of your July 28, 2011 e-mail, addressed to Dean Reynolds. Thank you very much for your inquiry. You are correct in that the State, pursuant to G.S. 14-409.40, has placed limitations on the local regulation of firearms. Indeed, the City may not prohibit the possession of concealed firearms on the buses themselves. However, as you point out, the City is authorized to prohibit the carrying of a concealed handgun on local government buildings and their appurtenant premises (see G.S. 14-415.23). Accordingly, you may neither board nor descend from a bus with a concealed handgun at the Clark Campbell Transportation Center, as you would be carrying a concealed handgun on public premises, in violation of the City’s prohibition. [Does this mean I can legally carry past a "Weapons Prohibited" sign on a bus as long as I don't get off at the Clark Campbell Transportation Center?]
It is also important to remember that, pursuant to G.S. 160A-189 and City Ordinance Section 38-10, the possession of any and all non-concealed firearms [So, OC is okay?] is strictly prohibited on all City property, including, but not limited to City buildings, parking lots and buses as well. Please do not hesitate to contact me should you wish to discuss this matter further.
Regards,
Jerry Kontos
Anargiros "Jerry" N. Kontos
Assistant City Attorney
P.O. Box 2511
Winston-Salem, N.C. 27102
(336) 747-7407
jerrynk@cityofws.org
Sent: Thursday, July 28, 2011 12:01 PM
To: Dean Reynolds
Subject: WSTA Firearm Policy
To Operations Manager Dean Reynolds:
I am someone who enjoys using public transportation. Originally, I am from Chicago and used their transit system regularly, however, I have not used Winston-Salem's bus system until very recently. A benefit of living in North Carolina is the ability to obtain a Concealed Handgun Permit. I have gone through 8 hours of training in the classroom, and on a shooting range. [To OCers: Don't judge me for going the CHP route, Bureaucrats feel better when they think I've been "trained". I love and fully support unlicensed open carry, but I thought this would make a better argument]
In addition to being a CHP holder, I am a law abiding citizen. Which is why I checked the WSTransit website for rules and regulations before riding the bus system. The only mention of carrying a firearm I found on your website is under the "Trans-AID Rider's Guide 2009.pdf" where it says "You may not…carry any weapons…". Naturally, I assumed this did not apply to me because I do not qualify to ride a "Trans-AID" bus and there was no similar ban (listed) concerning standard WSTA busses.
It wasn't until I planned to ride the bus, while armed, that I saw the sign "Weapons Prohibited" on the exterior of the bus. I do not appreciate the lack of information on your website and I especially don't appreciate your disdain for the right to bear arms as stated in both the US and NC constitutions. I am writing to ask you to remove this sign from all of your busses and allow patrons to exercise their constitutional rights while riding WSTA.
I will not be riding any WSTA busses until this policy is changed, and I will encourage others to do the same. If this is not a policy and simply a city ordinance, kindly provide me with the ordinance reference as this may be in violation of North Carolina's state pre-emption as defined in GS 14-409.40 which only gives cities authority to regulate firearms in "public‑owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas".
From: Jerry Kontos <jerrynk@cityofws.org>
Date: Thu, Aug 11, 2011 at 9:20 AM
Subject: RE: WSTA Firearm Policy
To: "cmlewis184" <cmlewis184>
Cc: Art Barnes <abarnes@wstransit.com>, Angela Carmon <angelac@cityofws.org>, Allen Joines <allenj@cityofws.org>, Stanley Polanis <stanp@cityofws.org>, Greg Turner <gregt@cityofws.org>, Lee Garrity <leeg@cityofws.org>
I am in receipt of your July 28, 2011 e-mail, addressed to Dean Reynolds. Thank you very much for your inquiry. You are correct in that the State, pursuant to G.S. 14-409.40, has placed limitations on the local regulation of firearms. Indeed, the City may not prohibit the possession of concealed firearms on the buses themselves. However, as you point out, the City is authorized to prohibit the carrying of a concealed handgun on local government buildings and their appurtenant premises (see G.S. 14-415.23). Accordingly, you may neither board nor descend from a bus with a concealed handgun at the Clark Campbell Transportation Center, as you would be carrying a concealed handgun on public premises, in violation of the City’s prohibition. [Does this mean I can legally carry past a "Weapons Prohibited" sign on a bus as long as I don't get off at the Clark Campbell Transportation Center?]
It is also important to remember that, pursuant to G.S. 160A-189 and City Ordinance Section 38-10, the possession of any and all non-concealed firearms [So, OC is okay?] is strictly prohibited on all City property, including, but not limited to City buildings, parking lots and buses as well. Please do not hesitate to contact me should you wish to discuss this matter further.
Regards,
Jerry Kontos
Anargiros "Jerry" N. Kontos
Assistant City Attorney
P.O. Box 2511
Winston-Salem, N.C. 27102
(336) 747-7407
jerrynk@cityofws.org