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23 <br /> AGENDA p.- <br /> MEMORANDUM <br /> TO: Mayor and Council <br /> FROM: Ralph D. Karpinos, Town Attorney <br /> SUBJECT: Potential Town Initiatives Regarding firearm Regulations <br /> DATE: September 7, 1993 <br /> This memorandum responds to the Council's request, on August 23, <br /> for a report on potential Town initiatives with respect to <br /> regulation of firearms. <br /> Summary <br /> Key points of this memorandum can be summarized as follows: <br /> 1 . The Town does not have the statutory or constitutional <br /> authority to enact a ban on all firearms or all handguns within :the <br /> Town limits. <br /> 2 . The Council may wish to consider additional local <br /> regulation of firearms, including: <br /> a) a prohibition on the possession of firearms at specific <br /> places, including polling places, places of public assembly <br /> and sidewalks in the downtown areas. <br /> b) a prohibition on the possession of firearms by persons who <br /> are consuming or under the influence of drugs or alcohol. <br /> c) a prohibition on the possession on the streets, sidewalks, <br /> and alleys of handguns less than a specified size, that size <br /> to be established in order to prevent the possession of <br /> handguns which are "easily and ordinarily carried concealed." <br /> 3 . Each of these additional possible reg-ulationz -.;tarries sow <br /> risk <br /> of being challenged either on constitutional or statutory <br /> grounds; however, a reasonable legal argument can be made in <br /> defense of each should the Council wish to consider them further. <br /> 4 . The Council may wish to consider pursuing additional <br /> authority for local government to regulate firearms, changes in <br /> state statutes regulating firearms, or an amendment to the North <br /> Carolina Constitution to allow greater restriction on the <br /> possession of firearms. <br />