Can Durham ban the possession or sale of assault rifles? In the wake of the massacre at Sandy Hook Elementary School, I have been asked several times whether gun regulations may be implemented at the local level.
Generally. Generally, the answer is no. Under G.S. 14-409.40, "the regulation of firearms is properly an issue of general, statewide concern, and . . . the entire field of regulation of firearms is preempted from regulation by local governments,” with limited exceptions. Therefore, Wilmington can't prohibit gun shows, Boone can't enact a gun purchase waiting period, and Greensboro can't limit the number of firearms in a single household. North Carolina has had preemption since 1996. See S.L. 1995-727. Interestingly, the preemption bill that was initially introduced applied only to handguns. It was subsequently amended to provide for preemption as to all firearms.
Exceptions. The statute contains several exceptions, including:
- Discharge and display regulations. Counties may regulate the discharge of guns (except for hunting and in self-defense) and the display of guns on the public roads, sidewalks and other public property. G.S. 153A-129. Cities may regulate the discharge of guns (except in self-defense) and the display of guns on the public roads, sidewalks and other public property. G.S. 160A-189.
- Regulations regarding local government property. Cities and counties may, by adopting an ordinance and posting signs, prohibit the concealed carrying of guns in local government buildings and on their appurtenant premises, and at certain recreational facilities.
Public Officials - Courts and Judicial Administration Roles
Topics - Courts and Judicial Administration