Selma Updates Gun Ordinance

Amp Mangum

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I feel safer already:

For the first time in several years, the Town of Selma has updated their firearms ordinance. The ordinance now includes a provision prohibiting firearms at town-owned parks.

 
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When is somebody going to tell the ignorant town council members that state law does not allow local government to generally prohibit licensed concealed carry in "parks" and the blanket designation of parks as "recreational facilities" does not comply with state law.

The town council was oblivious to state law when they adopted their recent ordinance:
Except as provided in subsection (c) below, all persons are prohibited from possessing weapons within the following recreational facilities:
  1. Brack Wilson Park – 1118 W Oak Street, Selma
  2. Raiford Street Park – 808 S Raiford Street, Selma
  3. Sumner Street Park – 500 E Railroad Street, Selma
  4. Edgebrook Park & Athletic Courts – 1100 Dixie Drive, Selma
  5. Blackley Athletic Park – 601 W Noble Street, Selma
  6. Richard B. Harrison Athletic Complex – Including grounds, fitness court, gymnasium, all athletic courts, and adjoining athletic fields – 601 W Noble Street, Selma
  7. Town Hall Gazebo – Located in the lot behind 114 N Raiford Street, Selma
 
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At first I thought maybe the ordinance was just for non-CHP holders and this was just another example of the gun ignorant writing news articles that omit critical details. But apparently not, the ordinance does not exempt CHP holders and anyone who ever took the CHP class could tell them they are in violation of NC law.

I hope Paul Valone and his GRNC army share with us the letter that is likely being drafted to the Selma town attorney right now. It will not be pretty.
 
also, noted as the closing statement:

“Weapons seized under court order may be destroyed, at the discretion of the police chief”

I don’t think that is allowed under NC law. They have to sell them or keep them in perpetuity, no?? See below:

§ 14‑269.1. Confiscation and disposition of deadly weapons.

Upon conviction of any person for violation of G.S. 14‑269, G.S. 14‑269.7, or any other offense involving the use of a deadly weapon of a type referred to in G.S. 14‑269, the deadly weapon with reference to which the defendant shall have been convicted shall be ordered confiscated and disposed of by the presiding judge at the trial in one of the following ways in the discretion of the presiding judge.

(1) By ordering the weapon returned to its rightful owner, but only when such owner is a person other than the defendant and has filed a petition for the recovery of such weapon with the presiding judge at the time of the defendant's conviction, and upon a finding by the presiding judge that petitioner is entitled to possession of same and that he was unlawfully deprived of the same without his consent.

(2), (3) Repealed by Session Laws 1994, Ex. Sess., c. 16, s. 2.

(4) By ordering such weapon turned over to the sheriff of the county in which the trial is held or his duly authorized agent to be destroyed if the firearm does not have a legible, unique identification number or is unsafe for use because of wear, damage, age, or modification. The sheriff shall maintain a record of the destruction thereof.

(4a) Repealed by Session Laws 2005‑287, s. 3, effective August 22, 2005.

(4b) By ordering the weapon turned over to a law enforcement agency in the county of trial for (i) the official use of the agency or (ii) sale, trade, or exchange by the agency to a federally licensed firearm dealer in accordance with all applicable State and federal firearm laws. The court may order a disposition of the firearm pursuant to this subdivision only upon the written request of the head or chief of the law enforcement agency or a designee of the head or chief of the law enforcement agency and only if the firearm has a legible, unique identification number. If the law enforcement agency sells the firearm, then the proceeds of the sale shall be remitted to the appropriate county finance officer as provided by G.S. 115C‑452 to be used to maintain free public schools. The receiving law enforcement agency shall maintain a record and inventory of all firearms received pursuant to this subdivision.

(5) By ordering such weapon turned over to the North Carolina State Crime Laboratory's weapons reference library for official use by that agency. The Laboratory shall maintain a record and inventory of all such weapons received.

(6) By ordering such weapons turned over to the North Carolina Justice Academy for official use by that agency. The North Carolina Justice Academy shall maintain a record and inventory of all such weapons received. (1965, c. 954, s. 2; 1967, c. 24, s. 3; 1983, c. 517; 1989, c. 216; 1993, c. 259, s. 2; 1994, Ex. Sess., c. 16, s. 2; c. 22, s. 23; 1997‑356, s. 1; 2003‑378, s. 5; 2005‑287, s. 3; 2011‑19, s. 5; 2013‑158, s. 3; 2013‑360, s. 17.6(h); 2016‑87, s. 2.)
 
Selma is between Clayton and Smithfield and is where we are considering moving to this Fall (though on the western side of 42)
 
I hope Paul Valone and his GRNC army share with us the letter that is likely being drafted to the Selma town attorney right now. It will not be pretty.
Hopefully he’ll eat them for lunch.
 
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