Orange County NC Website
9 31 <br /> Town can prohibit firearms of such a size as to be easily and <br /> ordinarily concealed.. The argument would be, in part, that <br /> prohibition of such firearms is appropriate because firearms <br /> of such a size are not normally expected to be displayed. <br /> Moreover, even if they were possessed without any intention to <br /> conceal, they might be so small as to not be visible to other <br /> persons a reasonable distance away. <br /> There would be a strong likelihood that such a regulation <br /> would be challenged on the issue of statutory authority. If <br /> such a prohibition were limited to the prohibition of the <br /> possession of small handguns on the public streets, sidewalks, <br /> etc. , perhaps with certain specific exceptions, for example, <br /> to allow their being transported from a target range to a <br /> place of residence, the risk of a successful challenge on <br /> statutory authority grounds would be reduced. <br /> II. PURSUIT OF ADDITIONAL LOCAL AUTHORITY OR STATEWIDE LEGISLATION <br /> Many of the limitations on the Town's authority to enact additional <br /> regulations related to firearms could be modified by either local <br /> or general legislation. The Town Council may wish to consider, on <br /> its own or in consultation with other local municipalities or with <br /> the League of Municipalities, initiating steps to give the Town <br /> greater authority to regulate firearms. For example, the Council <br /> might wish to discuss initiating efforts to seek legislative <br /> authority for local governments to prohibit firearms of less than <br /> some minimum size. That size would need to be established to meet <br /> the standard set by the Court which indicated that weapons which <br /> are "easily and ordinarily carried concealed" may be prohibited. <br /> The Council may wish to discuss seeking changes in state law to <br /> prohibit weapons of less than a certain size in accordance with the <br /> There= language. Further, a change in state law might be requested <br /> that would sake possession of firearms clearly subject to the same <br /> standards as currently apply to the transfer of those firearms. <br /> Depending on what legislative authority is received, what <br /> ordinances are enacted, e.nd the decisions of our Courts, discussion <br /> of initiating efforts to seek a change to the State Constitution <br /> might be considered. <br /> To the extent that any major local ordinance regulation might raise <br /> questions of the Town's statutory and constitutional authority, the <br /> Council may wish to consider whether to request an opinion from the <br /> Attorney General of North Carolina prior to enactment. Such an <br />