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24 <br /> 2 <br /> Dackgroun4 <br /> The Council has considered the subject of firearm regulations on <br /> two occasions in recent years. In March, 1990, the Council <br /> received a memorandum from the Town Attorney on the Town's <br /> authority to regulate the sale and possession of firearms within <br /> the Town limits. That sesorandus: <br /> * identified existing State law and Town ordinances <br /> regulating firearms; <br /> * discussed the right to bear arms in the North Carolina <br /> Constitution; <br /> * stated that "the Constitution of North Carolina would <br /> not allow a local ordinance or local bill authorizing a <br /> local ordinance, which would prohibit the possession of <br /> guns within the Town limits. . . . Reasonable <br /> regulations, in addition to those already in existence, <br /> with respect to the possession of weapons say be <br /> possible." <br /> In April, 1992 , the Council received a report from the Town Manager <br /> and the Town Attorney recommending the enactment of additional Town <br /> regulations regarding the possession of firearms, including: <br /> * a prohibition of weapons on all Town property; <br /> * a prohibition of weapons at street fairs and similar <br /> events; <br /> * a prohibition of weapons on Town buses and other means <br /> of public conveyance. <br /> The Council adopted the recommended ordinances. Copies of those <br /> memoranda and the adopted ordinances are attached. <br /> Also attached for your consideration is a section of the "Survey of <br /> Developments in North Carolina Law, 1989" published by the Aorta <br /> Carolina Lair aeaie', in September , 1990, discussing the most recent <br /> North Carolina appellate court decision on the right to bear arms, <br /> State v. Fennell, 382 S.E. 2d 231 (1989) . <br /> On August 23, the Council asked for a report, in conjunction with <br /> tonight's public hearing, on the Town's possible authority to <br /> initiate efforts to restrict possession of firearms, especially <br /> handguns. <br /> As part of that report, the Council also requested information on <br /> initiatives taken by other municipalities. That information is <br /> contained in a separate memorandum which follows this report. <br />