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Agenda - 11-16-1993 - VII-B (2)
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Agenda - 11-16-1993 - VII-B (2)
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8/16/2017 11:32:23 AM
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BOCC
Date
11/16/1993
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
VII-B
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13 <br /> 8 <br /> ii. In addition, M. C.C.S. Sec. 160A-190 provides that <br /> a city may by ordinance regulate, restrict, or <br /> the sale, possession or use within prohibit the city of pellet <br /> guns or any other mechanism or device designed or used <br /> to project a missile by compressed air or mechanical <br /> action with less than deadly force. <br /> iii. A third provision of the General Statutes, G. S . Sec. <br /> 160A-183 , further authorizes a city b <br /> restrict, regulate or y Y ordinance to <br /> • storage, use or conveyance of sale, possession, <br /> instrumentalities of mass death and destructs no within <br /> the city. <br /> b. Section 14-288 . 12 of the General Statutes authorizes the <br /> Town to enact ordinances designed to rmit <br /> imposition of prohibitions and restrictions during the <br /> a <br /> state of emergency, including such limitations upon the <br /> possession, transportation and use of dangerous wea <br /> This section allows the ordinance to del pons <br /> mayor the authority to proclaim the existence a state <br /> of emergency and to impose the authorized regulations and <br /> prohibitions. <br /> The Town Code provisions referenced above are authorized by either <br /> the Town Charter provision or the General Statutes or both. <br /> B. Limitations on Authority <br /> In addition to being authorized by local or general law, a munici- <br /> pality's ordinances must be consistent with the Constitutions of <br /> North Carolina and the United States. <br /> 1• Constitution of the United States. <br /> The Second Amendment to the U.S. Constitution provides: <br /> A well regulated Militia being necessary to the security of <br /> a free State, the right of the people to keep and bear Arms <br /> shall not be infringed. <br /> The amendment "is a bar only to federal action, not extends to <br /> state or private restraints. " Constitution of the United States <br /> of America, Revised and Annotated (1982) , p. 1147, citing <br /> guilici <br /> v. Village of Morton Grove, 695 F. 2d 261 (C.A. 7th Cir. 1982) , <br /> cert. den. , 464 U.S. 863 (1983) . In Ouilici the United States <br /> Court of Appeals for the Seventh Circuit upheld, as not being <br /> prohibited by the Second Amendment, a local ordinance banning the <br /> possession of handguns within the borders of the Village of Morton <br /> Grove, Illinois. (The United States Supreme Court declined to <br /> review the decision of the Seventh Circuit. ) However, while the <br />
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