Sec. 11-130. - Findings and purposes.

The town council does hereby find that:

(1)

North Carolina law authorizes cities and towns, within statutory and constitutional limitations, to regulate the use and display of firearms.

(2)

North Carolina law authorizes cities and towns, within statutory and constitutional limitations, to prohibit the possession of weapons or instrumentalities of mass death and destruction.

(3)

North Carolina law authorizes cities and towns, within statutory and constitutional limitations to define, prohibit, regulate or abate acts or conditions detrimental to the health, safety, and welfare of their citizens and the peace and dignity of their communities.

(4)

The proliferation and use of small, readily concealed handguns and the proliferation and use of semi-automatic weapons create an ever-increasing danger of violence and crime, especially because of an increase in drug-related crimes, and pose a serious threat to the health, safety and welfare of the citizens of Chapel Hill.

(5)

The lawful civilian application or use of semi-automatic sporting rifles and shotguns for their intended purposes within the Chapel Hill town limits is virtually non-existent, in that there are no shooting ranges or lawful hunting grounds within the town limits.

(6)

Semi-automatic weapons, which are not prohibited by state law, can be a substantial threat to the health, safety, and welfare of the citizens of Chapel Hill similar to fully automatic weapons, which are prohibited by state law. Some fully automatic weapons which can discharge a thirty-round magazine in two (2) seconds can discharge the same number of rounds, if operated as semi-automatic weapons, in five (5) seconds.

(7)

Semi-automatic weapons are capable of causing mass death and destruction.

(8)

The opportunity to use semi-automatic weapons as recreational sporting or hunting weapons within the town limits is nonexistent and is far outweighed by the threat that the weapons, if carried within the town limits openly and/or loaded off one's own property, will cause injury and death to human beings.

(9)

Small, readily concealed handguns, as opposed to larger firearms, are more likely to be carried on the public streets and sidewalks and because they are often carried in an unlawful, concealed manner they pose an increased danger to public safety and welfare, and are otherwise more likely to be used in conjunction with criminal activity.

(10)

Handguns which are less than six (6) inches in overall length are easily and ordinarily carried concealed.

(11)

Firearms without handgrips which are less than eight (8) inches in length are easily and ordinarily carried concealed.

(12)

The display of firearms on the public streets, sidewalks and alleys of the town by persons who are consuming or under the influence of drugs or alcohol, poses a threat to the safety and welfare of the citizens of Chapel Hill due to the effects of such drugs and alcohol on said persons' judgment.

(13)

The display of firearms at public assemblies on the streets, sidewalks, alleys and other public property of the town, creates a potential hazard to the health, safety, and welfare of the citizens of Chapel Hill.

(14)

Private parking lots and privately owned open areas, subject to town police officer parking and/or trespass regulatory authority at the request of the owners, function in virtually the same manner as publicly-owned property.

(15)

The display of firearms at polling places could be disruptive to the peaceful conduct of the election processes and is detrimental to the health, safety, and welfare of the citizens of Chapel Hill.

(16)

The establishment of reasonable additional regulations on firearms in these areas within the limits prescribed by constitutional and statutory law, serves to enhance the health, safety and welfare of the citizens of Chapel Hill and the peace and dignity of the town.

(Ord. No. 93-11-22/O-1, § 1)

Sec. 11-131. - Prohibition on display of firearms by persons consuming or under the influence of alcohol or drugs.

(a)

No person shall display on the town streets, sidewalks, alleys or other public property, any firearm while said person is consuming or under the influence of alcohol or any other impairing substance.

(b)

A person commits a violation of section (a) if he displays a firearm upon any street, sidewalk, alley or other public property:

(1)

While actually consuming any alcoholic beverage or other impairing substance; or,

(2)

While under the influence of an impairing substance; or,

(3)

After having consumed sufficient alcohol he has, at any relevant time after displaying the firearm, an alcohol concentration of 0.04 or more.

(Ord. No. 93-11-22/O-1, § 1)

Sec. 11-132. - Prohibition on display of firearms at polling places.

(a)

No person shall display any firearm at any polling place.

(b)

For purposes of this article, the term "polling place" shall mean any area where the restrictions contained in North Carolina General Statute Sec. 163-147 apply.

(c)

This section shall not apply to persons authorized by state or federal law to carry firearms in the performance of their duties.

(Ord. No. 93-11-22/O-1, § 1)

Sec. 11-133. - Prohibition on display of firearms at public assemblies.

(a)

No person shall display a firearm at any public assembly on any street, sidewalk, alley or other public property.

(b)

For purposes of this article, the term "public assembly" shall mean the gathering of three (3) or more persons within an area of close proximity so that the persons present are engaging in one (1) or more common activities and can communicate with each other without use of voice amplifying or transmitting devices. The term public assembly shall not include any parade, funeral procession, picket line or demonstration regulated by N.C. General Statute Sec. 14-277.2 or any assembly regulated by N.C. General Statute Sec. 14-269.3.

(c)

This section shall not apply to persons authorized by state or federal law to carry firearms in the performance of their duties.

(Ord. No. 93-11-22/O-1, § 1)

Sec. 11-134. - Prohibition on display of small handguns.

(a)

No person shall display, on any street, sidewalk, alley or other public property any handgun which is easily and ordinarily carried concealed.

(b)

For purposes of this article, the term "handgun which is easily and ordinarily carried concealed" shall mean any handgun or other firearm with an overall length of less than six (6) inches; provided, however, that in the case of a handgun or firearm that does not have a handgrip, this term shall mean any such handgun or firearm with an overall length of less than eight (8) inches.

(c)

For purposes of this article, the length of a handgun shall be determined as follows:

(1)

As the length of a line drawn from the tip of the barrel of the handgun along the length of the barrel to the point where that line intersects with a perpendicular line drawn up from the point on the back of the handgrip farthest from the tip of the barrel; or,

(2)

If the length of the handgun measured along the barrel extends back beyond the point where the lines described in (c)(1) above intersect, the length shall be determined by the length of the gun measured straight back from the tip of the barrel for the full length of the gun; or

(3)

If the handgun does not have a handgrip, the length shall be determined by measuring the overall length of the weapon by a straight line connecting the tip of the barrel to the point farthest away from the tip of the barrel.

(d)

This section shall not apply to persons authorized by state or federal law to carry firearms in the performance of their duties.

(Ord. No. 93-11-22/O-1, § 1)

Sec. 11-135. - Prohibition on possession of weapons of mass destruction.

(a)

Except as allowed by the exemption contained in section 11-137 of this article, no person shall possess, off his or her own premises, a weapon of mass death and destruction.

(b)

For purposes of this article the term "weapon of mass death and destruction" shall mean:

(1)

Any semi-automatic action, center fire or carbine that accepts a detachable magazine with a capacity of twenty (20) rounds or more;

(2)

Any semi-automatic shotgun with a magazine capacity of more than six (6) rounds;

(3)

Any semi-automatic handgun that is:

a.

A modification of a rifle described in section (b)(1) above, or a modification of an automatic firearm; or,

b.

Originally designed to accept a detachable magazine with a capacity of more than twenty (20) rounds; or,

c.

Possessed while a detachable magazine with a capacity of more than twenty (20) rounds, usable with said handgun, is attached or readily or directly accessible;

(4)

Any part, or combination of parts, designed or intended to convert a firearm into a weapon of mass death and destruction as defined in this section or any combination of parts from which a weapon of mass death and destruction, as defined in this section may be readily assembled if those parts are in the possession or under the control of the same person.

(c)

For purposes of this article the term "weapon of mass death and destruction" shall not include:

(1)

Any firearm within the definition of "weapon of mass death and destruction" contained in N.C. General Statute 14-288.8.

(2)

Any firearm that uses a .22 caliber rimfire ammunition with a detachable magazine with a capacity of thirty (30) rounds or less.

(3)

Any semi-automatic weapon which has been modified to either render it permanently inoperable or to permanently make it a device no longer defined as a weapon of mass death and destruction.

(d)

This section shall not apply to persons authorized by state or federal law to carry firearms in the performance of their duties or persons exempted, by N.C. General Statute Section 14-288.8(b) from the provisions of N.C. General Statute Sec. 14-288.8.

(Ord. No. 93-11-22/O-1, § 1)

Sec. 11-136. - Public property defined.

For purposes of this article, the term "public property" shall include, but not be limited to:

(1)

Any privately owned public vehicular area as identified in N.C. General Statute Section 160A-301(d) where the town has properly enacted parking regulations and, in addition, any privately owned outdoor area where the owner has, pursuant to N.C. General Statute Section 14-159.13, authorized town police officers to trespass persons on said property during specified hours; provided, however, that such privately owned property shall only be considered public property for purposes of this article if signs have been posted, in a manner reasonably likely to come to the attention of persons entering, with notice of the town's exercise of regulatory authority.

(2)

Property owned by, or under the control of, the town or some other government or public agency; provided, however that the regulations contained in this article shall not be construed to restrict the display or possession of firearms on residential property by the resident of said property, provided the possession or display is within the resident's own dwelling unit.

(Ord. No. 93-11-22/O-1, § 1)

Sec. 11-137. - Exemptions.

In accordance with United States Code Title 18, Section 926A, nothing in this article shall be construed as prohibiting any person from transporting, shipping, or receiving a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, that in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

(Ord. No. 93-11-22/O-1, § 1)

Sec. 11-138. - Conflict of laws.

If any portion of this article shall be preempted or otherwise declared invalid by any state or federal authority, such action shall not operate to invalidate the rest of this article and the same shall remain in full force and effect.

(Ord. No. 93-11-22/O-1, § 1)

Sec. 11-139. - Enforcement and penalties.

(a)

Criminal penalties. Violation of any provision of this article shall be a misdemeanor and shall be subject to a fine of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.

(b)

Civil enforcement. In accordance with N.C. General Statute Section 160A-175(d), in the case of any violation under this article, the town may apply to the general court of justice for an appropriate equitable remedy, which may include, but is not limited to, an order that the weapon displayed or possessed in violation of this article be confiscated and destroyed or transferred to an appropriate law enforcement agency for the official use of such agency. It shall not be a defense to the application of the town for such equitable relief that there is an adequate remedy at law.

(Ord. No. 93-11-22/O-1, § 1)