Orange County NC Website
42 <br /> 4 <br /> Other Issues <br /> 1 . Exclusions and limitations <br /> The proposed ordinance contains a number of limitations and <br /> exclusions. We believe these exclusions are necessary and <br /> appropriate to conform the proposed ordinance to the <br /> limitations on the Town's authority in state and federal <br /> statutory and constitutional law. These include: <br /> a. The prohibitions on displaying firearms at polling places <br /> and public assemblies do not apply to persons authorized <br /> by state and federal law to carry firearms in the <br /> performance of their duties. <br /> b. The prohibition on the display of small handguns does not <br /> apply to persons authorized by state and federal law to <br /> carry firearms in the performance of their duties. <br /> c. The prohibition on possession of weapons of mass death <br /> and destruction includes a number of significant limiting <br /> provisions. <br /> (1) This section does not regulate the possession of <br /> such weapons on one's own premises. <br /> (2) This section does not regulate weapons which are <br /> already defined as weapons of mass death and <br /> destruction and prohibited by state law. <br /> (3) This section does not regulate possession of such <br /> weapons by persons authorized by state or federal <br /> law to carry firearms in the performance of their <br /> duties or persons exempted by state law from the <br /> state prohibition on possession of weapons of mass <br /> death and destruction. <br /> d. Section 11-137 includes a general exemption, based on <br /> federal law, allowing the transportation of any firearm <br /> from a place where it may be lawfully possessed to <br /> another place where it may be lawfully possessed. This <br /> exemption requires that during the transportation the <br /> firearm be unloaded and not readily accessible to the <br /> person involved in the transportation. <br /> 2 . Definition of Public Property, <br /> Some- of the statutory authority which serves as a basis for <br /> these additional regulations is dependent on property being <br /> "public property. " Section 11-136 defines "public property" <br /> to include privately owned outdoor areas where the Town, at <br />