I stay out of Cary as much as possible.
§ 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.
___________________
§ 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.)
*scratches head*
According to State V Kerner the carry on streets, sidewalks, alleys of military sized handguns cannot be prohibited by local government. They can regulate size, and they can prohibit possession on public property such as buildings and parks. NC Supreme court rulings have the force of law. That is why Cary uses display instead of open carry, it is an intimidation tactic and that is it. Once they actually make an arrest for it, and it goes to the NC Supreme court the law will be tossed in my opinion. Chapel Hill tried to outlaw open carry and it was tossed so they settled for size restrictions. Keep in mind a Walther PP is a military weapon, and also considered a pocket gun but is legal in Chapel Hill.
Quote
Supreme Court of North Carolina. May 11, 1921.)
1. Weapons--Right to bear arms under federal Constitution not restriction on power of state.
Const. U.S. Amend. 2, providing that the right of the people to keep and bear arms shall not be infringed, is a restriction only on federal authority and not on the states. (Per Clark, C.J., and Hoke, J.)
2. Weapons--Right to bear arms can only be restricted as provided in Constitution.
Under Const. art. 1, § 24, providing that the right of the people to keep and bear arms shall not be infringed but that nothing therein shall justify the practice of carrying concealed weapons or prevent the Legislature from enacting penal statutes against such practice, the exception indicates the extent to which the right to bear arms can be restricted, and the Legislature can prohibit the carrying of concealed weapons but no further. (Per Clark, C.J., and Hoke, J.)
3. Weapons--Knives, etc., not "arms" within constitutional provision.
Bowie knives, dirks, daggers, slung-shots, loaded canes, brass, iron, or metallic knucks, (p.223)razors, etc., the carrying of which is prohibited by Pub. Loc. Laws 1919, c. 317, are not "arms" within Const. art. 1, § 24, preserving the right to bear arms. (Per Clark, C.J., and Hoke, J.)
4. Weapons--Pistol is within constitutional right to bear "arms."
A pistol is properly included within the word "arms," and the right to bear such arms cannot be infringed under Const. art. 1, § 24, as the Constitution includes all arms in common use and borne by the people as such when the provision was adopted, though by reason of modern inventions they are now little used in warfare. (Per Clark, C.J., and Hoke, J.)
5. Weapons--Carrying while intoxicated or in places of public assembly, etc., may be prohibited.
Notwithstanding the right to bear arms under Const. art. 1, § 24, it would be a valid and reasonable regulation to prohibit the carrying of deadly weapons when intoxicated, or to a church, polling place, or public assembly, or in a manner calculated to inspire terror which was forbidden at common law. (Per Clark, C.J., and Hoke, J.)
6. Weapons--
Carrying of small pistols easily concealed may be prohibited.
Notwithstanding the right to bear arms under Const. art. 1, § 24, the Legislature may prohibit the carrying of pistols of such small size as to be easily and ordinarily carried concealed. (Per Clark, C.J., and Hoke, J.)
7. Weapons--Statute requiring permit for carrying of pistol, though unconcealed, is invalid.
Pub. Loc. Laws 1919, c. 317, so far as it prohibits the carrying of a pistol unconcealed off of one's own premises without a permit for which a fee of $5 and a bond in the sum of $500 is required, is invalid under Const. art. 1, § 24.
8. Weapons--Right to bear arms may be regulated, but regulation must be reasonable.
The right to bear arms protected and safeguarded by Const. U.S. Amend. 2, and Const. N.C. art. 1, § 24, is subject to the authority of the General Assembly in the exercise of the police power to regulate,
but the regulation must be reasonable and not prohibitive and must bear a fair relation to the preservation of the public peace and safety. (Per Allen and Stacy, JJ.)
