§ 15-43. Possession of firearms on city-owned property.

(a)

Definitions. For purposes of this section and any other city code section that addresses the possession of firearms, the following terms are hereby defined:

Exclusions. For purposes of this section, the term "recreational facilities" does not include any greenway, designated biking or walking path, an area that is customarily used as a walkway or bike path although not specifically designated for use, open areas or fields where athletic events may occur unless the area qualifies as an "athletic field" as defined above or any other area unless the area is specified in subsections (i) through (iii) above.

Recreational facilities include only the following:

(1)

An athletic field including any appurtenant facilities such as restrooms, during an organized event if the field has been scheduled for use with the city's parks and recreation department.

(2)

A swimming pool, including any appurtenant facilities used for dressing, storage of personal items, or other uses related to swimming.

(3)

A facility used for athletic events, including but not limited to, a gymnasium.

(b)

Possession or open carry of firearms or handguns. It shall be unlawful for any person to possess or open-carry any handgun, gun, rifle, pistol, or other firearm on or in any city-owned or -operated building, including the appurtenant premises, grounds, or parking areas of those buildings, motor vehicle, park, parking area, regardless of whether such city-owned or -operated property is within or outside the corporate limits. Except as otherwise provided herein, the city manager or his designee is authorized and directed to post, in conspicuous locations on city-owned or -operated property, notices regarding this prohibition.

(c)

Possession or carry of concealed handguns. It shall be unlawful for any person to possess or carry a concealed handgun with or without a permit on, in, or within any:

(1)

City-owned or -operated buildings, and their appurtenant premises, within or outside of the city limits. The city manager or his designee is authorized and directed to post notices of this prohibition in conspicuous locations in city-owned and operated buildings and their appurtenant premises.

(2)

City recreational facilities, as defined herein. The director of the parks and recreation department is directed to post notices of this prohibition in conspicuous locations in or on each recreational facility (athletic field, swimming pool, and athletic facility) at city-owned parks and on the department's webpage. Recreation centers at all city-owned parks are considered buildings and, therefore, weapons, including concealed handguns, are prohibited in such centers.

(d)

This section shall not apply to a police or other law enforcement officer lawfully discharging his duty, or to a watchman or other person specifically authorized to carry firearms on such premises while acting lawfully and within the scope of the person's authority, nor shall it prohibit the lawful possession or carrying of firearms on the public streets.

(e)

None of the provisions of this section shall be construed so as to prohibit law enforcement officers from possessing or discharging firearms within the corporate limits of the city on any firing range maintained for the training of law enforcement officers when such firing is conducted for training purposes under the supervision and direction of an officer in charge of the training program.

(f)

The provisions of this section shall not be construed so as to prohibit branches of the military service of the state and federal governments, including ROTC and reserve units, from possessing and firing guns, rifles, pistols or other firearms for training purposes in indoor ranges on the respective premises of such branches or units.

(g)

The provisions of this section shall not apply to any person discharging guns or muskets in city parks for ceremonial purposes, such persons having first obtained in writing the permission of the city manager or his designee. In no event shall live ammunition be discharged.

(Ord. No. 2018-46, § 1, 9-17-18)

Editor's note

Ord. No. 2018-46, § 1, adopted Sep. 17, 2018, amended § 15-43 in its entirety to read as herein set out. Former § 15-43 pertained to display of guns or firearms on city property and derived from Code 1977, § 17-34.

State law reference

Similar provisions, G.S. 160A-189; 14-415.23; 14-409.40.

Cross reference

Possession of weapons in parks, § 16-75.