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

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35 410 3 nature so as to allow this prohibition on weapons to apply to public assemblies on private commercial parking areas. Exceptions would need to be included for law enforcement personnel and other designated lawful purposes . 4 . Prohibit the display, on the streets, sidewalks and alleys of the Town of any small handgun, to be defined by size so as to prohibit weapons which are "easily and ordinarily carried concealed. " Comment: As indicated in the September 7 memorandum, a prohibition on easily and ordinarily carried concealed weapons was identified by our Supreme Court as a reasonable and constitutional regulation at the State level . By linking this regulation to the Town's authority to regulate the display of firearms on the streets, sidewalks, etc. , we believe such an ordinance would stand a reasonable chance of being upheld by the Courts. The draft ordinance would define small handguns by length of barrel and overall weapon size, and provide for certain exceptions, including one to allow the transportation of such weapons for specified lawful purposes. 5 . Prohibit the sale, possession, storage, use or conveyance within the Town, of any weapon of mass death and destruction, to be defined to include "assault" and certain "semi- automatic" weapons. Comment: This recommendation was developed based on comment at the public hearing and information received after the hearing. The Town is specifically authorized by statute (G.S. Sec. 160A-183) to prohibit the possession, use and conveyance of "weapons or instrumentalities of mass death and destruction. " State law (G.S. Sec. 14-288 . 8) prohibits weapons of mass destruction and defines the term for purpose of the state prohibition. That definition includes automatic, but not semi-automatic weapons. We recommend that the term "weapon of mass death and destruction" be defined by ordinance to include certain weapons which are not already prohibited by the state law. A tentative definition of this term would include: * any semi-automatic weapons that accept a detachable magazine with a capacity of 20 or more rounds;