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

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m 16 9 City of Winston-Salem, 217 N.C. 66, 213 8 . !. 2d 231 (1975) . As described above, a number of State statutes regulate the possession and sale of weapons. In my opinion, the enacted such a complete and integrated Legislature has not exclude local r egrated regulatory scheme as to etclud specifically particularly since the Legislature has pecifically authorized municipalities to adopt ordinances regulating this issue. IV. CONCLUSIONS A. The Town does not have the authority to ban the sale of handguns or weapons in general by adoption of an ordinance. A local act authorizing such a ban would likely be considered a local act regulating trade and void under the North Carolina Constitution. 8. The Town does not have the authority, other than during a state of emergency, to ban the possession of handguns or weapons in general by adoption of an ordinance. A local act authorizing such a ban would likely be considered a violation of the State Constitutional right of individuals to bear arms. C. Modification of existing local regulation of the posses- sion and use of handguns or weapons in general, within the constitutional limitations and statutory authority cited above, is possible. Local regulation of handguns is specifically authorized by General Statute and the Town Charter and is not preempted by a complete and integrated State regulatory scheme. Any regulation must be "reasonable and not prohibitive, and must bear a fair relation to the preservation of the public peace and safety. " State v. Dawson, State v. Fennell , supra. Recommendation: That the Council consider whether additional local regulation of weapons is appropriate and how such regulations might be drafted for the Council 's consideration. Attached is information related to this subject received in this office. • •