Agenda - 11-16-1993 - VII-B (2) - Laserfiche WebLink

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(i5) is 8 159 S.E. 2d at 9 . Acacia, Stet! v. State or local regulation herefore may • os �' Additional to discussing the Second Amendment y possible. (In addition Constitution, the Seventh Circui trued the IIniio States Illinois Constitution regarding the right to bear arms. The Carta said this State Constitutional provision did not hi Morton Grove Ordinance based on the Court 's reading of that provision, the Illinois Constitution in general, the record of proceedings of the adoption of the Illinois Constitution and Illinois Court decisions. In contrast, our Supreme Court in lawman has spoken as to the meaning of the applicable provision of our State Constitution and has recognized Article I, Section 30 as a prohibition of a total ban on weapon possession. ) b. Article Ii, Sec. 24 of the North Carolina Constitution Article II, Sec. 24 of the North Carolina Constitution restricts the authority of the General Assembly to enact local legislation, that is, legislation which would, for example, authorize only a single municipality to adopt a regulatory ordinance. S under Article II, Sec. 24 (1) (j) Specifically, pass any local, private or special the General Assembly "shall not " Trade refers to a businessaventure embarked linifoortrpro Smith V. County Qt Mecklenburg, rofit. (1972) . The verb "to regulate 280 N.C. 497, 187 S.E. 2d 67 " egulate" has been defined as meaning "to govern or direct according to rule . . . to bring under control of law. . . . " Cheaae v. Town of Chapel Hill, 320 N.C. 549, 359 S.E. 2d 792 (1987) . Under this provision of the State Constitution, local acts providing: for the licensing and regulation of real estate brokers; for the operation of pari-mutuel dog racing for private profit; regulating motor vehicle races for profit on Sundays; authorizing the prohibition or regulation of pool rooms and dance halls; and authorizing a local election to determine if mixed drinks can be sold have all been struck down as void. See Smith v. County of Mecklenburg, ,ucra. In my opinion, a local bill authorizing the Town of Chapel Hill to prohibit the sale of handguns would likewise be found void under this Constitutional provision. To the extent that Sec. 5.2 of the Town Charter (referenced above) purports to authorize the Council to govern the sale of guns, if the Council attempted to regulate the sale of guns under this authority its ordinance would likely be found void under this Constitutional provision. 3 . Doctrine of Preemption A third limitation of local authority is the "doctrine of preemp- tion. " Where applicable statutes "clearly show a legislative intent to provide a complete and integrated regulatory scheme" additional local regulation is invalid and unenforceable. Greene