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North Carolina Gun Laws: Can Towns and Cities Make Local Rules?

Image: North Carolina Gun Laws: Can Towns and Cities Make Local Rules?
Flag and State Capitol of North Carolina. (wikimedia/commons)

By    |   Tuesday, 30 Dec 2014 07:58 PM

North Carolina has some of the least retrictive gun laws among all states, but it does grant some regulation authority to individual towns and cities regarding certain firearm legislation.

A state law, which took effect in 2011, allows people with valid gun permits to carry certain types of concealed weapons into public parks, waterways, and highway rest stops. However, the law allows towns and cities to pass more restrictive ordinances which ban legally permitted concealed handguns from recreational facilities, defined as "a playground, an athletic field, a swimming pool, and an athletic facility."

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At least a dozen North Carolina cities opted in to a portion of a new gun law.

Prior to the amended law, municipalities were able to ban concealed weapon throughout entire parks. The new law was created, essentially, to limit local governments' ability to regulate them.

As the law currently stands, municipalities generally lack the authority to prohibit concealed carry in parks. They may prohibit concealed carry at the recreational facilities listed in the statute, which include neither playgrounds nor greenways.

Local governments retain the authority, under G.S. 14-415.23, to prohibit concealed carry in “local government buildings and their appurtenant premises.” In other words, if there are buildings in a park, concealed carry may be prohibited in the buildings and on related and/or extended premises.

In order to prohibit concealed carry at a location where it has the power to do so, a local government must pass an ordinance and post conspicuous signs.

In addition, the law expanded the state’s "Castle Doctrine," which legally allows someone to shoot someone in self-defense at home or on private property. As part of the definition, "castle" expanded to incorporate a car and a workplace if a person uses deadly force in response to a perceived threat.

This article does not constitute legal advice. Check the current gun laws before purchasing or traveling with a firearm.

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North Carolina has some of the least retrictive gun laws among all states, but it does grant some regulation authority to individual towns and cities regarding certain firearm legislation.
north carolina, gun, laws, local, rules
360
2014-58-30
Tuesday, 30 Dec 2014 07:58 PM
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