It appears that even after ejecting Mayor against illegal guns Jackie Holcombe last year, the town of Morrisville, NC still hasn’t bothered to actually read the NC General Statutes regarding concealed carry in parks. Recently new signs appeared in the parks near baseball fields that say the following:
“NOTICE: All Firearms Prohibited in This Area”
The problem with this is that ever since HB937 was passed into law last year municipalities don’t have the authority to place an outright ban on firearms in parks or sports fields, unless there is a scheduled activity taking place at the sports field.
If we have a look at NCGS 14-415.23 where “recreational facilities” are defined, we see the following:
(b) A unit of local government may adopt an ordinance to prohibit, by posting, the carrying of a concealed handgun on municipal and county recreational facilities that are specifically identified by the unit of local government. If a unit of local government adopts such an ordinance with regard to recreational facilities, then the concealed handgun permittee may, nevertheless, secure the handgun in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle.
(c) For purposes of this section, the term “recreational facilities” includes only the following:
(1) An athletic field, including any appurtenant facilities such as restrooms, during an organized athletic event if the field had been scheduled for use with the municipality or county office responsible for operation of the park or recreational area.
(2) A swimming pool, including any appurtenant facilities used for dressing, storage of personal items, or other uses relating to the swimming pool.
(3) A facility used for athletic events, including, but not limited to, a gymnasium.
I’m no lawyer, but it appears to me that banning all firearms at a ball field in this fashion doesn’t jive with the NC General Statutes. If they posted something like “All Firearms Prohibited During Scheduled Events” this would probably be kosher, given the current wording of the law. There was so much stink raised late last year in Morrisville about getting their park signs to conform to state law, and now they go and do this…