HomeMy WebLinkAboutAgenda - 06-21-2011 - 5zORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 21, 2011
Action Agenda
Item No. 5 - z
SUBJECT: Resolution Opposing House Bill 111 Regarding Carrying Concealed Weapons
in Parks
DEPARTMENT: County Attorney
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Resolution Opposing House Bill 111
House Bill 111
INFORMATION CONTACT:
John Roberts, 245-2318
PURPOSE: To approve a resolution opposing House Bill 111 being considered in the North
Carolina General Assembly which would allow persons with concealed carry permits to carry
concealed weapons in parks.
BACKGROUND: House Bill 111 - An Act to Allow Persons with Concealed Handgun Permits
to Protect Themselves and Their Families in Restaurants and to Allow a Concealed Handgun
Permittee to Carry a Handgun in a Park -has been introduced during the 2011 session of the
North Carolina General Assembly. The bill has -been approved in the House and has been
referred to the Senate Judiciary II committee.
At the Board's June 7, 2011 regular meeting, Commissioner Barry Jacobs requested that the
Board ask the County Attorney to monitor the bill and potentially draft a resolution for the
Board's consideration. The attached resolution is proposed for Board consideration.
FINANCIAL IMPACT: There is no financial impact for the County associated with consideration
of the resolution.
RECOMMENDATION(S): The Manager recommends that the Board:
1) approve the Resolution Opposing House Bill 111;
2) authorize the Chair to sign the resolution; and
3) direct the Clerk to the Board to forward a copy of the signed resolution to Orange
County's legislative delegation, leaders of the North Carolina General Assembly, and the
chairs of the House and Senate committees responsible for House Bill 111.
~E.S- adl t-o~5 2
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION OPPOSING HOUSE BILL 111
WHEREAS, the North Carolina General Assembly is currently considering House Bill 111,
entitled "A Bill to be Entitled an Act to Allow Persons with Concealed Handgun Permits to
Protect Themselves and Their Families in Restaurants and to Allow a Concealed Handgun
Permittee to Carry a Handgun in a Park"; and
WHEREAS, Orange County is home to significant portions of Eno River State Park; and
WHEREAS, although House Bill 111 authorizes local governments to enact ordinances
prohibiting the carrying of concealed handguns in county or city-owned parks, it does not make
such ordinances applicable to State Parks, the boundaries of which are within the jurisdiction
of local governments; and
WHEREAS, Eno River State Park and the Occoneechee State Natural Area are located in
whole or in part in Orange County and are popular parks for families with young children; and
WHEREAS, allowing firearms to be carried in Eno River State Park and the Occoneechee
State Natural Area could endanger those families and young children without significant
benefit;
NOW THEREFORE, BE IT RESOLVED that the Orange County Board of County
Commissioners opposes House Bill 111 in its current format and requests the North Carolina
General Assembly remove the provision in the bill that allows the carrying of concealed
weapons in parks.
This the 21St day of June, 2011.
Bernadette Pelissier, Chair
Orange County Board of Commissioners
Attest:
Clerk to the Board of Commissioners
3
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
g 4
HOUSE BILL 111
Corrected Copy 2/28/11
Committee Substitute Favorable 3/23/11
Fourth Edition Engrossed 3/30/11
Short Title: Handgun Permit Valid in Parks & Restaurants. (Public)
Sponsors:
Referred to:
February 16, 2011
1 A BILL TO BE ENTITLED
2 AN ACT TO ALLOW PERSONS WITH CONCEALED HANDGUN PERMITS TO
3 PROTECT THEMSELVES AND THEIR FAMILIES IN RESTAURANTS AND TO
4 ALLOW A CONCEALED HANDGUN PERMITTEE TO CARRY A HANDGUN IN A
5 PARK.
6 The General Assembly of North Carolina enacts:
7 SECTIO-N 1. G.S. 14-269.3(b) is amended by adding a new subdivision to read:
8 "~ A person on the premises of an eating establishment as defined in
9 G.S. 18B-1000(2) or a restaurant as defined in G.S. 18B-1000(6), provided
10 the person has a valid concealed hand un permit under Article 54B of
11 Chapter 14 of the General Statutes. This subdivision shall not be construed
12 to permit a person to carry a concealed handgun on the premises of an eating
13 establishment or a restaurant where the person in legal possession or control
14 of the premises has posted a conspicuous notice prohibiting the carr~g of a
15 concealed handgun on the premises in accordance with G.S. 14-415.11(c)."
16 SECTION 2. G.S. 14-415.11 is amended by adding a new subsection to read:
17 "~, Any person who has a concealed handgun permit may carry a concealed hand un on
18 the grounds or waters of a park within the State Parks System as defined in G.S. 113-44.9."
19 SECTION 3. G.S. 14-415.23 reads as rewritten:
20 "§ 14-415.23. Statewide uniformity.
21 It is the intent of the General Assembly to prescribe a uniform system for the regulation of
22 legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards,
23 or agencies of the State nor any county, city, municipality, municipal corporation, town,
24 township,. village, nor any department or agency thereof, may enact ordinances, rules, or
25 regulations concerning legally carrying a concealed handgun. A unit of local government may
26 adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun,
27 in accordance with G.S. 14-415.11(c), on local government ,
28 preen;-an~~buildin~s and their appurtenant premises. A unit of local government may,
29 adopt an ordinance to prohibit, by posting, the carrying of a concealed handgun on municipal
30 and county recreational facilities that are specifically identified by the unit of local government.
31 If a unit of local government adopts such an ordinance with regard to recreational facilities,
32 then the concealed handgun pertnittee may, nevertheless, secure the handgun in a locked
33 vehicle within the trunk, glove box, or other enclosed compartment or area within or on the
'J9flllll~l~
General Assembly Of North Carolina Session 2011
motor vehicle. For purposes of this section, the term "recreational facilities" includes only the
following: a playground, an athletic field, a swimmingpool, and an athletic facility."
SECTION 4. This act becomes effective December 1, 2011.
Page 2 House Bill 111-Fourth Edition