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

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5 8 AGENDA 011 MEMORANDUM TO: Mayor and Council FROM: Ralph D. Xarpinos, Town Attorney SUBJECT: Legal Opinion on Town Authority to Regulate the Sale and Possession of Firearms Within the Town Limits DATE: March 26, 1990 On February' 12 , the Council received and referred to this office a petition from Council Member Herzenberg requesting a report on what options may be available to the Council to consider restricting the use of guns, probably by regulating their sale. This memorandum responds to that request. I. SUMMARY After reviewing applicable provisions of the Constitution of the United States, the Constitution of North Carolina and the North Carolina General Statutes, it is my opinion that the Town does not have the authority to prohibit or regulate the sale of guns within the Town limits. Further, the Constitution of North Carolina would not allow the North Carolina General Assembly to enact a local bill authorizing the Town to regulate or prohibit the sale of guns. With respect to possession of guns, it is my opinion that the • constitution of North Carolina would not allow a local ordinance, or local bill authorizing a local ordinance, which would prohibit the possession of guns within the Town limits. North Carolina Constitutional and Statutory Law does authorize local regulation and prohibition of the discharge of firearms within the Town and local regulation of the display of firearms on public property within the Town. Reasonable regulations, in addition to those already in existence, with respect to the possession of weapons may be possi- ble. II. PRESENT STATE AND LOCAL REGULATIONS • This section summarizes existing State and Town regulations regard- ing the sale, use and possession of firearms. A. Town Ordinances 1. Section 11-6 of the Town Code prohibits discharge of any gun, rifle, air rifle, SS gun, pistol or firearms of any description within the Town limits. There are three exceptions to this prohibition: