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

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3G 8 Comment: Both the State and Federal Government have requirements that apply to the transfer of certain weapons and that prohibit some persons from acquiring firearms. For example, North Carolina law provides that permits' for the sale, transfer or receipt of any pistol, otherwise required, may not be issued to persons under indictment for most felonies, fugitives from justice and unlawful users of narcotics. However, persons in these categories who come into lawful possession of firearms could continue to possess them. Additional Town regulations in this area would likely be challenged as being beyond our statutory authority. 4 . Regulation Based On The Size Of The Firearms The Council's August 23 request was for this report to specifically address regulation of handguns. Recent public discussion of this subject has focused on the idea of prohibiting handguns, but not all arms. The State Supreme Court, in the Kerner case, stated that a prohibition of all pistols would be unconstitutional.' The Court at the same time stated: It is also but a reasonable regulation, and one which has been adopted in some of the states, to require that a pistol shall not be under a certain length, which if reasonable will prevent the use of pistols of small size which are not borne as arms but which are easily and ordinarily carried concealed. In State v. Fennell (the 1989 decision cited above) , the Court of Appeals quoted this language from Kerner and stated: Thus, the State can regulate the length of a particular firearm as long as there is a reasonable purpose for doing so. Comment: Wile state law prohibits the carrying of any weapon concealed, the State has not set a minimum size for firearms. The Court in erne= indicates that some minimum size requirement, to prohibit small handguns which are easily and ordinarily concealed, would be constitutionally permissible. The Town has by state statute the authority to regulate the display of firearms on the streets, sidewalks, alleys, and other public property. An argument could be made that the ' For most counties, including Orange, permits are issued by the sheriff. In other counties, pistol permits are issued by the clerk of court. N.C.G.S. Chapter 14, Articles 52A and 53. The words "pistol• and "handgun■ appear to be without legal distinction for purposes of considering possible regulations. State v. Faulkner, 168 S.E.2d 9, 13 (N.C. App. 1969) .