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28 <br /> 6 <br /> comment and indicate whether it wishes to further consider any <br /> specific type of regulation. <br /> 2 . Regulations Reaardina there firearms Can de <br /> Displayed <br /> The Court in Xerner said it would be "a reasonable regulation and <br /> not an infringement of the right to bear arms to prohibit the <br /> carrying of deadly weapons . . . to a church, polling place or <br /> public assembly. . . ." In light of this language, the Council may <br /> wish to consider prohibiting the carrying of firearms: <br /> a) into all polling places, and at public assemblies. <br /> Comment: While many polling places and places of public <br /> assembly are already covered by the state statutory <br /> prohibition on weapons in schools, or the Town ordinance <br /> prohibition on weapons on Town property, or other state law, <br /> there are some polling places and places of assembly where it <br /> is not now unlawful to carry a firearm. A prohibition on <br /> weapons at these locations would be clearly consistent the <br /> North Carolina Constitution as discussed by our Supreme Court, <br /> and, like the Town's current ordinance against weapons at <br /> street fairs, arguably authorized by the statutory authority <br /> to regulate the display of weapons on public property. It <br /> runs some risk of being ruled beyond the Town's authority <br /> under G.S. 160A-189, however. <br /> b) on the sidewalks along Franklin Street or in the <br /> downtown area in general. <br /> Comment: I do not wish at this point to attempt to present <br /> the entire rationale for this or any other regulation the <br /> Council might consider. However, the argument in part would <br /> be that the sidewalks in the downtown area of Chapel Hill, <br /> given the nature of our community, including the heavy <br /> pedestrian use of the sidewalks for gathering and <br /> conversation, make the sidewalks in effect places of public <br /> assembly, where the Court in Termer has said firearms may be <br /> prohibited consistent with the State Constitution. Given the <br /> extensive nature of such a regulation, it would potentially be <br /> subject to challenge on both constitutional and statutory <br /> grounds. <br /> Regulations beyond those identified above that have been mentioned <br /> in the recent public discussion of this issue include: <br /> * a prohibition on possession of all handguns or all <br /> firearms on any street or sidewalk; or, <br /> * a prohibition on possession of all handguns or all <br /> firearms off one's own property; or, <br />