Onslow County Parks

[ComradeV]

http://www.onslowcountync.gov/workarea/downloadasset.aspx?id=17688

Base on these ordinances governing the park, a blanket ban of any possession of firearms exists within the parks of Onslow County. This was published in 1992.

I'm not sure if this ban is within the authority of the county or not, does anybody know more about this?

 

[bc.cruiser]

Try this one on for size: http://library.municode.com/index.aspx?clientID=15002&stateID=33&statename=North Carolina

It's dated 1990, revised 2006. I can't find anything newer. Suggest going to the courthouse (unarmed) and ask to see a copy of the ordinances, Chapter 12 Parks and Recreation.

9:52p Just finished running through the board of commissioners meeting agendas from 1 Jul 11 to mid-June 2012 and found no mention of parks/recreation areas vs. firearms.

 

[ComradeV]

Sec. 12-23. - Firearms.

No person except employees or duly authorized law enforcement officers shall carry or possess firearms of any description or air guns within any park.

(Ord. of 5-15-06)

 

[ComradeV]

http://nccriminallaw.sog.unc.edu/?p=2913

Based on what this lawyer wrote, this law may or may not be enforceable within the authority given to the county by the state.

 

[bc.cruiser]

Thanks, I missed the page for 12-23.

I don't see where Onslow Co. has updated their ordinances to reflect HB 650 provisions effective 1 Dec 11:

"§ 14-415.23. Statewide uniformity.
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, their appurtenant premises, and parks.buildings and their appurtenant premises. 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. For purposes of this section, the term "recreational facilities" includes only the following: a playground, an athletic field, a swimming pool, and an athletic facility."

Perhaps a call to the county attorney would be in order.

 

[ComradeV]

Based on the most current state law, the county ordinance goes beyond the authority the state has given to the county.

The question is, does that make the ordinance wholly unenforceable? Or, does it apply to the areas in which the state has authorised the county to declare gun-free?