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Agenda - 11-16-1993 - VII-B
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Agenda - 11-16-1993 - VII-B
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8/16/2017 10:20:43 AM
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BOCC
Date
11/16/1993
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
VII-B
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5 27 <br /> right in North Carolina is subject to regulations which are <br /> reasonable and not prohibitive. ,State v. Dawson, 272 N.C. 535 <br /> ( 1968) . While the North Carolina Courts have said the state can <br /> regulate more than just the time, place and manner in which a <br /> firearm is borne, the State Supreme Court has stated that to <br /> exclude all pistols, however, is not a regulation, but a <br /> prohibition, of arms, which come under the designation of "arms" <br /> . which the people are entitled to bear." ,Mats v. Kerner, 181 NC. <br /> 574 (1921) . <br /> D. potential for Additional Sown Regulations <br /> 1. Introduction <br /> As quoted above, G.S. 160A-189 specifically authorizes the Town to <br /> regulate the display of firearms on the streets, sidewalk, alleys, <br /> or other public property. In discussing the State Constitutional . <br /> right to bear arms, the North Carolina .Supreme Court, in 1921, <br /> stated: <br /> The right to bear arms . . . is subject to the <br /> authority of the General Assembly, in the exercise <br /> of the police power, to regulate; but the <br /> regulation must be reasonable and not prohibitive, <br /> and must bear a fair relation to preservation of <br /> public peace and safety. Mate v. Kerner. <br /> Given this language from the statute and interpretation from the <br /> North Carolina Supreme Court of the North Carolina Constitution, <br /> there would appear to be an opportunity to consider additional <br /> local regulation of firearms. The risk of there being a statutory <br /> or constitutional challenge to such additional regulations would <br /> depend on how far any such regulations go. <br /> For purposes of discussion, potential additional regulations have <br /> been divided into three categories: <br /> * regulations. regarding where firearms can be displayed; <br /> * regulations regarding who may possess firearms; and, <br /> * regulations based on the size of the firearms. <br /> These three categories and the specific potential regulations <br /> considered below are provided to facilitate public comment and the <br /> Council's discussion of this issue and are not intended to be <br /> comprehensive. In addition, there has been no attempt to draft any <br /> ordinances but merely to identify the areas'of possible regulation <br /> and associated legal issues (primarily questions of challenges <br /> based on statutory authority and consistency with the North. <br /> Carolina Constitution) so that the Council can consider public <br />
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