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Polling Places

dmatting

Regular Member
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May 25, 2011
Messages
445
Location
Durham, NC
Wondering if polling locations here in NC are gun free or restricted in any way. Of course, if a polling place is a school or gov't building, it is already prohibited. But what about places that are private, like say a ruritan club, etc. If the location isn't posted, are there any laws prohibiting OC just because it is a polling location?
 

bc.cruiser

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Apr 2, 2011
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786
Location
Fayetteville NC
There is no STATE statute against firearms in polling places. The type or location will determine whether or not you can carry, OC or CC. Check municode for your specific municipality.
 

dmatting

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Messages
445
Location
Durham, NC
There is no STATE statute against firearms in polling places. The type or location will determine whether or not you can carry, OC or CC. Check municode for your specific municipality.

Looks like a no go in Durham county (big surprise there). If anyone else is interested, they specifically call out polling places as places where carry is prohibited. This is under Durham County Ordinances Chapter 17, Division 4, Sec 17-91 and 17-92...

DIVISION 4. - POSSESSION OR DISPLAY OF WEAPONS

Sec. 17-91. - Statement of intent.

The possession or display of any weapon, the concealment of which is prohibited by G.S. 14-269, on county property, or by individuals under the influence of intoxicating drink or illegal drugs, and the display of such weapons in certain other places or areas defined in this division as "public" are hereby declared to be acts detrimental to the health, safety, and welfare of its citizens and the peace and dignity of the county, and are hereby prohibited. It is not the intent of this division to restrict or limit the legitimate use of weapons in sport shooting, hunting, collecting or self-defense, as long as those activities are carried out in a lawful manner.

(Ord. of 1-10-94(2), § 1)
Sec. 17-92. - Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

County property means any property owned by the county or that portion of privately owned property leased by or under the legal possession and control of the county for the transaction of the activities of the county. This specifically includes any polling place occupied by and being used for the conduct of an election by the board of elections.

...
 

solus

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Looks like a no go in Durham county (big surprise there). If anyone else is interested, they specifically call out polling places as places where carry is prohibited. This is under Durham County Ordinances Chapter 17, Division 4, Sec 17-91 and 17-92...

guess i am confused then...that ordinance you quoted which stated, "The possession or display of any weapon, the concealment of which is prohibited by G.S. 14-269...."

prohibited IAW 14-269 (a): ...bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shuriken, stun gun, or other deadly weapon of like kind....

however, IAW (a1): It shall be unlawful for any person willfully and intentionally to carry concealed about his or her person any pistol or gun except in the following circumstances

(2) The deadly weapon is a handgun, the person has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14-415.24, and the person is carrying the concealed handgun in accordance with the scope of the concealed handgun permit as set out in G.S. 14-415.11(c).

while not an attorney, nor can i substantiate those who tend to the polling places are the brightest crayons in the box nor understand the nuances of ordinance, per se, it appears on the surface ~ a handgun is not prohibited in Durham's polling place(s) not withstanding those identified as GFZs, e.g., schools etc.

ipse
 

bc.cruiser

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Apr 2, 2011
Messages
786
Location
Fayetteville NC
For Cumberland county:

Sec. 9.5-101. - Weapon posting
(a) Posting of signs required. The county manager is hereby ordered to post appropriate signage on each recreational facility, building or portion of a building now or hereafter owned, leased as lessee, operated, occupied, managed or controlled by Cumberland County, as well as the appurtenant premises to such buildings, indicating that weapons, including concealed handguns and open carry handguns, are prohibited therein.
 

solus

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For Cumberland county:

Sec. 9.5-101. - Weapon posting
(a) Posting of signs required. The county manager is hereby ordered to post appropriate signage on each recreational facility, building or portion of a building now or hereafter owned, leased as lessee, operated, occupied, managed or controlled by Cumberland County, as well as the appurtenant premises to such buildings, indicating that weapons, including concealed handguns and open carry handguns, are prohibited therein.

that is, i believe, in violation of the GA's legislative edict of exemption (14-415.23. Statewide uniformity.), defining specific recreationally defined instances.

time for a letter to the county commissioners, cc Cty Mgr, AG, as well as State R & S whose districts are involved...

ipse
 
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XD40sc

Regular Member
Joined
Mar 31, 2013
Messages
402
Location
NC
I voted in early voting today in a branch library, which is "a county building" and a GFZ. Many polling places are GFZ's at all times, such as schools.

I have carried when I voted at my regular polling place, which is a synagogue and is not posted.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
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Location
here nc
I voted in early voting today in a branch library, which is "a county building" and a GFZ. Many polling places are GFZ's at all times, such as schools.

I have carried when I voted at my regular polling place, which is a synagogue and is not posted.

uh, wonder by what authority is a county branch library considered a GFZ? was it on school property?

a county library doesn't sound like it is a recreation type facility which NC legislature has given cities/counties narrow permission to pass ordinances prohibiting carry of firearms...

ipse
 

dmatting

Regular Member
Joined
May 25, 2011
Messages
445
Location
Durham, NC
uh, wonder by what authority is a county branch library considered a GFZ? was it on school property?

a county library doesn't sound like it is a recreation type facility which NC legislature has given cities/counties narrow permission to pass ordinances prohibiting carry of firearms...

ipse

Not really

While NCGS 14-269.2 defines what an educational facility is and states that OC or CC is forbidden, NCGS 14-409.40 (Titled "Statewide Uniformity of Local Regulation"), subsection f, allows municipalities to prohibit the carry of firearms in public-owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas. The library, being publicly owned, is fair game to the GFZ lovers.
 

solus

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Aug 22, 2013
Messages
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here nc
alas, 14-415.23 (uniformity) specifically states:

§ 14-415.23. Statewide uniformity.
(a) It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun. A unit of local government may adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun, in accordance with G.S. 14-415.11(c), on local government buildings and their appurtenant premises.
(b) A unit of local government may adopt an ordinance to prohibit, by posting, the carrying of a concealed handgun on municipal and county recreational facilities that are specifically identified by the unit of local government. If a unit of local government adopts such an ordinance with regard to recreational facilities, then the concealed handgun permittee may, nevertheless, secure the handgun in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle.
(c) For purposes of this section, the term "recreational facilities" includes only the following:
(1) An athletic field, including any appurtenant facilities such as restrooms, during an organized athletic event if the field had been scheduled for use with the municipality or county office responsible for operation of the park or recreational area.
(2) A swimming pool, including any appurtenant facilities used for dressing, storage of personal items, or other uses relating to the swimming pool.
(3) A facility used for athletic events, including, but not limited to, a gymnasium.
(d) For the purposes of this section, the term "recreational facilities" does not include any greenway, designated biking or walking path, an area that is customarily used as a walkway or bike path although not specifically designated for such use, open areas or fields where athletic events may occur unless the area qualifies as an "athletic field" pursuant to subdivision (1) of subsection (c) of this section, and any other area that is not specifically described in subsection (c) of this section.
(e) A person adversely affected by any ordinance, rule, or regulation promulgated or caused to be enforced by any unit of local government in violation of this section may bring an action for declaratory and injunctive relief and for actual damages arising from the violation. The court shall award the prevailing party in an action brought under this subsection reasonable attorneys' fees and court costs as authorized by law. (1995, c. 398, s. 1; 2011-268, s. 21(b); 2013-369, s. 6; 2015-195, s. 15.)

14-415.11 (c):
Except as provided in G.S. 14-415.27, a permit does not authorize a person to carry a concealed handgun in any of the following:
(1) Areas prohibited by G.S. 14-269.2, 14-269.3, and 14-277.2.
(2) Areas prohibited by G.S. 14-269.4, except as allowed under G.S. 14-269.4(6).
(3) In an area prohibited by rule adopted under G.S. 120-32.1.
(4) In any area prohibited by 18 U.S.C. § 922 or any other federal law.
(5) In a law enforcement or correctional facility.
(6) In a building housing only State or federal offices.
(7) In an office of the State or federal government that is not located in a building exclusively occupied by the State or federal government.
(8) On any private premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises.


bottom line...14-415.11(c) states in (8) private premises...there is nothing regarding county, city, village, facilities. by authority of 14-415.23, this group is authorized to pass an ordinance which only allows the posting of signage...period.

citizen violation of signage after the carrying citizen is asked to leave is trespass ~ period!

therefore, unless XD40's branch library converted to polling place was appropriately and conspicuously marked...it is not a GFZ!

ipse
 

dmatting

Regular Member
Joined
May 25, 2011
Messages
445
Location
Durham, NC
alas, 14-415.23 (uniformity) specifically states:

§ 14-415.23. Statewide uniformity.
(a) It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun. A unit of local government may adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun, in accordance with G.S. 14-415.11(c), on local government buildings and their appurtenant premises.
(b) A unit of local government may adopt an ordinance to prohibit, by posting, the carrying of a concealed handgun on municipal and county recreational facilities that are specifically identified by the unit of local government. If a unit of local government adopts such an ordinance with regard to recreational facilities, then the concealed handgun permittee may, nevertheless, secure the handgun in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle.
(c) For purposes of this section, the term "recreational facilities" includes only the following:
(1) An athletic field, including any appurtenant facilities such as restrooms, during an organized athletic event if the field had been scheduled for use with the municipality or county office responsible for operation of the park or recreational area.
(2) A swimming pool, including any appurtenant facilities used for dressing, storage of personal items, or other uses relating to the swimming pool.
(3) A facility used for athletic events, including, but not limited to, a gymnasium.
(d) For the purposes of this section, the term "recreational facilities" does not include any greenway, designated biking or walking path, an area that is customarily used as a walkway or bike path although not specifically designated for such use, open areas or fields where athletic events may occur unless the area qualifies as an "athletic field" pursuant to subdivision (1) of subsection (c) of this section, and any other area that is not specifically described in subsection (c) of this section.
(e) A person adversely affected by any ordinance, rule, or regulation promulgated or caused to be enforced by any unit of local government in violation of this section may bring an action for declaratory and injunctive relief and for actual damages arising from the violation. The court shall award the prevailing party in an action brought under this subsection reasonable attorneys' fees and court costs as authorized by law. (1995, c. 398, s. 1; 2011-268, s. 21(b); 2013-369, s. 6; 2015-195, s. 15.)

14-415.11 (c):
Except as provided in G.S. 14-415.27, a permit does not authorize a person to carry a concealed handgun in any of the following:
(1) Areas prohibited by G.S. 14-269.2, 14-269.3, and 14-277.2.
(2) Areas prohibited by G.S. 14-269.4, except as allowed under G.S. 14-269.4(6).
(3) In an area prohibited by rule adopted under G.S. 120-32.1.
(4) In any area prohibited by 18 U.S.C. § 922 or any other federal law.
(5) In a law enforcement or correctional facility.
(6) In a building housing only State or federal offices.
(7) In an office of the State or federal government that is not located in a building exclusively occupied by the State or federal government.
(8) On any private premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises.


bottom line...14-415.11(c) states in (8) private premises...there is nothing regarding county, city, village, facilities. by authority of 14-415.23, this group is authorized to pass an ordinance which only allows the posting of signage...period.

citizen violation of signage after the carrying citizen is asked to leave is trespass ~ period!

therefore, unless XD40's branch library converted to polling place was appropriately and conspicuously marked...it is not a GFZ!

ipse

By all means, I suggest you make yourself the test subject of your declarations ~ period!

Perhaps you should read the section of the law before you give advice to people that could get them arrested. I'm not a lawyer, and I highly doubt that you are, but I would rather caution people rather than declare I know all the laws regarding a particular subject. Here it is, I've bolded the applicable subsection.

§ 14-409.40. Statewide uniformity of local regulation.

(a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, statewide concern, and that the entire field of regulation of firearms is preempted from regulation by local governments except as provided by this section.

(a1) The General Assembly further declares that the lawful design, marketing, manufacture, distribution, sale, or transfer of firearms or ammunition to the public is not an unreasonably dangerous activity and does not constitute a nuisance per se and furthermore, that it is the unlawful use of firearms and ammunition, rather than their lawful design, marketing, manufacture, distribution, sale, or transfer that is the proximate cause of injuries arising from their unlawful use. This subsection applies only to causes of action brought under subsection (g) of this section.

(b) Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, storage, transfer, sale, purchase, licensing, taxation, manufacture, transportation, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms, or dealers in handgun components or parts.

(c) Notwithstanding subsection (b) of this section, a county or municipality, by zoning or other ordinance, may regulate or prohibit the sale of firearms at a location only if there is a lawful, general, similar regulation or prohibition of commercial activities at that location. Nothing in this subsection shall restrict the right of a county or municipality to adopt a general zoning plan that prohibits any commercial activity within a fixed distance of a school or other educational institution except with a special use permit issued for a commercial activity found not to pose a danger to the health, safety, or general welfare of persons attending the school or educational institution within the fixed distance.

(d) No county or municipality, by zoning or other ordinance, shall regulate in any manner firearms shows with regulations more stringent than those applying to shows of other types of items.

(e) A county or municipality may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with that local unit of government.

(f) Nothing contained in this section prohibits municipalities or counties from application of their authority under G.S. 153A-129, 160A-189, 14-269, 14-269.2, 14-269.3, 14-269.4, 14-277.2, 14-415.11, 14-415.23, including prohibiting the possession of firearms in public-owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas, except nothing in this subsection shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas. Nothing contained in this section prohibits municipalities or counties from exercising powers provided by law in states of emergency declared under Article 1A of Chapter 166A of the General Statutes.

(g) The authority to bring suit and the right to recover against any firearms or ammunition marketer, manufacturer, distributor, dealer, seller, or trade association by or on behalf of any governmental unit, created by or pursuant to an act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, injunctive relief, or any other remedy resulting from or relating to the lawful design, marketing, manufacture, distribution, sale, or transfer of firearms or ammunition to the public is reserved exclusively to the State. Any action brought by the State pursuant to this section shall be brought by the Attorney General on behalf of the State. This section shall not prohibit a political subdivision or local governmental unit from bringing an action against a firearms or ammunition marketer, manufacturer, distributor, dealer, seller, or trade association for breach of contract or warranty for defect of materials or workmanship as to firearms or ammunition purchased by the political subdivision or local governmental unit.

(h) A person adversely affected by any ordinance, rule, or regulation promulgated or caused to be enforced by any county or municipality in violation of this section may bring an action for declaratory and injunctive relief and for actual damages arising from the violation. The court shall award the prevailing party in an action brought under this subsection reasonable attorneys' fees and court costs as authorized by law. (1995 (Reg. Sess., 1996), c. 727, s. 1; 2002-77, s. 1; 2012-12, s. 2(z); 2015-195, s. 12.)
 

Grapeshot

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--snipped--
Nothing contained in this section prohibits municipalities or counties from exercising powers provided by law in states of emergency declared under Article 1A of Chapter 166A of the General Statutes.

"......Grass Roots North Carolina and the Second Amendment Foundation won the Bateman v. Perdue lawsuit to strike down North Carolina's "state of emergency" gun ban."

http://www.grnc.org/defend-your-rig...-wins-state-of-emergency-suit-strikes-gun-ban
 
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solus

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Joined
Aug 22, 2013
Messages
9,315
Location
here nc
yes dmatting...you are absolutely correct, please just ask you...

did you research the topics of the statutes listed in (f) of the statute you posted: ".. G.S. 153A-129, 160A-189, 14-269, 14-269.2, 14-269.3, 14-269.4, 14-277.2, 14-415.11, 14-415.23...."

didn't think so...but please do...

next did you read xd's post...quote: I voted in early voting today in a branch library, which is "a county building" and a GFZ.

where i observed...uh, wonder by what authority is a county branch library considered a GFZ? a county library doesn't sound like it is a recreation type facility which NC legislature has given cities/counties narrow permission to pass ordinances prohibiting carry of firearms.

your half arse incomplete statute post didn't even begin to cover the whole scenario does it? as the best i can come up with is the NC legislature, in 14-415.23(a) specifically states NO governmental entities have permission to pass ordinances "...concerning legally carrying a concealed handgun." this stated, this same paragraph allows governmental entities to pass signage prohibiting carrying in "...local government buildings and their appurtenant premises."

now, when you discern the statute mumbo jumbo you will discern they have absolutely nothing to do with governmental entities but rather two discuss govern discharge criteria, and you can look up the rest...

if the only thing a governmental entity can do is pass an ordinance on posting a prohibition of carry...coupled with the established fact in NC firearm signage does not carry the weight of law; the individual in charge of the facility must tell you to leave;, and if you do not depart, you could be charged with trespass if the individual wishes to do the paperwork after the nice LEs arrive...it is not something the nice LEs can initiate themselves.

your allegation i am leading NC folk astray...sorry...all my statutory material is posted for everyone to review, which as stated isn't the case for your post when you only posted what you felt was pertinent based on your perception ~ huh! if they, like you fail research the topics covered in mumbo jumbo statute specific statements while they are making their own conclusion...that is a burden they must live with.

there is no test case for me or anybody else to subject themselves to as it is quite clear after you read the entire passages and review the topics of the mumbo jumbo statutes listed trespass is the untimate charge if you fail to depart when the nice LEs tell you to and the property mgr wishes to do the paperwork.

now...take a breath and look at what you have been shown...a major disconnect in two regulatory statutes...period.

ipse
 
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