Agenda - 11-16-1993 - VII-B - Laserfiche WebLink

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6L:5) 15 S 159 S.E. 2d at 9 . fiord, trats v, Fennell State or local regulation therefore may be possible.l e. Additional to discussing the Second Amendment to (Zn addition Constitution, the Seventh Circuit construed the e United States Illinois Constitution regarding the right to bear arms. The Court said this State Constitutional provision did not Morton Grove Ordinance based on the Court 's Pnghibit the read provision, the Illinois Constitution in ing of that proceedings of the adoption of the Illinois= Constitution d and Illinois Court decisions. In contrast, our Supreme Court in pAmn has spoken as to the meaning of the applicable provision State Constitution and has recognized Article I, Sectto of our prohibition of a total ban on weapon ion ]0 as a pon possession. ) b. Article II, Sec. 24 of the North Carolina Constitution Article II, Sec. 24 of the North Carolina Constitution restricts the authority of the General Assembly to enact local legislation, that is, legislation which would, for example, authorize only a single municipality to adopt a regulatory ordinance. Specifically, under Article II, Sec. 24 (1) (j) the General Assembl l "shall nt pass any local, private or special act . . . regulating trade . . " Trade refers to a business venture embarked in for profit. smith V. County of Mecklenburg, 280 N.C. 497, 187 S.E. 2d 67 (1972) . The verb "to regulate" has been defined as meaning "to govern or direct according to rule . . . to bring under control of law. . . Cheaoe v. Town of Chapel Hill, 320 N.C. 549, 359 S.E. 2d 792 (1987) . Under this provision of the State Constitution, local acts providing: for the licensing and regulation of real estate brokers ; for the operation of pari-mutuel dog racing for private ; regulating motor vehicle races for profit on Sundays; authorizing the prohibition or regulation of pool rooms and dance halls; and authorizing a local election to determine if mixed drinks can be sold have all been struck down as void. See Smith v. Meckle el +-a, County of supra. In my opinion, a local bill authorizing the Town of Chapel Hill to prohibit the sale of handguns would likewise be found void under this Constitutional provision. To the extent that Sec. 5.2 of the Town Charter (referenced above) purports to authorize the Council to govern the sale of guns, if the Council attempted to regulate the sale of guns under this authority its ordinance would likely be found void under this Constitutional provision. 3 . Doctrine of Preemption A third limitation of local authority is the "doctrine of preemp- tion. " Where applicable statutes "clearly show a legislative intent to provide a complete and integrated regulatory scheme" additional local regulation is invalid and unenforceable. Greene