(a) Concealed handguns.
(1) Possession prohibited. No person shall carry a concealed handgun in town-owned buildings, on the appurtenant premises of those buildings, or in town recreational facilities as defined by G.S. 14-415.23, which are all town athletic fields and athletic facilities. A list of recreational facilities shall be set out in a Schedule of Recreational Facilities at which Concealed Handguns are Prohibited which shall be updated as necessary and retained permanently in the office of the Director, Parks, Recreation and Cultural Resources. Notwithstanding the foregoing, nothing in this section shall prohibit a concealed handgun permittee from securing the handgun within an enclosed compartment of a locked motor vehicle.
(2) Posting required. The director of public works or designee is hereby authorized and instructed to post conspicuous signage at appropriate locations on or within each recreational facility and each building and the grounds and parking areas of such buildings owned, leased as lessee, operated, occupied, managed or controlled by the town, as well as any other appurtenant premises to such buildings, indicating that carrying a concealed handgun on the properties and locations described in this section is prohibited therein and thereon unless specifically permitted or authorized by state law or the provisions of the town's code of ordinances. The director of public works or designee shall exercise discretion in determining the number and appropriate location of signs to be placed.
(b) Other firearms and weapons.
(1) No person shall display any firearm in public-owned buildings, on the grounds or parking areas of those buildings, or in public parks and recreation areas, including town greenways. On all other public property within the town, including public streets, alleys, and sidewalks, display of firearms shall comply with the following:
(a) no firearms other than handguns, as defined in G.S. 14-409.39, may be displayed;
(b) the handgun shall be holstered such that firing of the weapon is not possible;
(c) the handgun shall be clearly visible and not concealed or partially concealed;
(d) display of handguns is prohibited for any person while consuming alcohol or at any time while the person has remaining in the person's body any alcohol or in the person's blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in the person's blood was lawfully obtained and taken in therapeutically appropriate amounts;
(e) display of handguns is prohibited on any public streets, including adjacent sidewalks, that have been closed by the chief of police or designee pursuant to Section 34-74; and
(2) No person shall display any deadly weapon as defined in G.S. 14-269(a), or any knife having a blade of three inches or longer, BB gun, air gun, paintball gun, airsoft gun, bow and arrow or any type of lethal weapon, while on any public street, alley, sidewalk or other public property within the town, including town greenways, unless specifically permitted or authorized by law. No person shall carry or have possession of a knife having a blade of three inches or longer, a BB gun, air gun, paintball gun, airsoft gun, bow and arrow or any type of lethal weapon in any park, including town greenways.
(3) This subsection (b) is not applicable to concealed handguns, which are governed by subsection (a) above.
(c) Exceptions. The possession or display of a firearm or other weapon is exempt from the provisions of this section 22-51 in the following situations:
(1) If the chief of police, or designee, has authorized the public possession or display of a firearm, or other weapon, as part of an official program or event sponsored or sanctioned by the town.
(2) If the possession or display of the firearm, or other weapon, was the result of an individual(s) exercising his or her legitimate right to self defense or the defense of others as allowed by law.
(3) If the possession or display of the firearm, or other weapon, was conducted by a person(s) authorized by law to carry and display such items as part of their official or otherwise recognized lawful duties (e.g., law enforcement officers, military personnel, security guards, etc.).
(4) If the possession or display of the firearm, or other weapon, was necessary for the temporary transport and securing of the item and was not otherwise in violation of existing statutes or ordinances (e.g., recent purchase and movement to vehicle for transport, securing of firearm by CCH permit holder in vehicle, found item to be turned in to authorities, firearm in approved vehicle gun rack, etc.).
(5) The possession or display of a knife with a blade longer than three inches in Symphony Lake park property and Fred G. Bond Metro Park when used for fishing purposes only.
(6) The possession or display of a knife with a blade longer than three inches for the performance of the duties of a town employee or contractor.
(d) Violation. The carrying of concealed handguns or the possession or display of any firearm or other weapon as defined in this section, in or upon any of the locations specified by this section, shall constitute a misdemeanor and subject any violator(s) so convicted to such penalties as may be imposed by the court.
(Code 1982, § 13-9.1; Ord. No. 95-031, 12-14-1995; Ord. No. 01-010, 5-24-2001; Ord. No. 06-010, 6-22-2006; Ord. No. 2011-Code-08, 11-17-2011; Ord. No. 2013-Code-03, 9-12-2013)
State law reference—Local regulation of firearms, G.S. 14-415.23; 14-409.40; 160A-189.