Weapons; County Pistol Registration

Subject:

Weapons; County Pistol Registration

Requested By:

Ralph Strickland, Jr. Police Legal Advisor City of Durham

Question:

May a county or city require registration of pistols or handguns in view of the Second
Amendment to the United States Constitution and Article I, Section 30 of the North Carolina Constitution?

Conclusion:

Yes; however, the ordinance is not effective in cities unless approved by resolution of the governing boards thereof.

G.S.

153A-121(a) grants to the counties general ordinance making power:

"(a) A county may by ordinance define, regulate, prohibit, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the county; and may define and abate nuisances."

G.S.

153A-122 specifies the territorial jurisdiction of county ordinances and provides:

"§ 153A-122. Territorial jurisdiction of county ordinances. — Except as otherwise provided in this Article, the board of commissioners may make any ordinance adopted pursuant to this Article applicable to any part of the county not within a city. In addition, the governing board of a city may by resolution permit a county ordinance adopted pursuant to this Article to be applicable within the city. The city may by resolution withdraw its permission to such an ordinance. If it does so, the city shall give written notice to the county of its withdrawal of permission; 30 days after the day the county receives this notice the county ordinance ceases to be applicable within the city."

The Second Amendment to the United States Constitution states:

"Amendment II. A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."

Article 1, Section 30, of the North Carolina Constitution states:

"Sec. 30. Militia and the right to bear arms. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed; and as standing armies in the time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by the civil power. Nothing herein shall justify the carrying of concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice."

The right to bear arms is not absolute but is subject to regulation. The regulation must be reasonable and not prohibitive, and must bear a fair relation to the preservation of public peace and safety. State v. Dawson, 272 N.C. 535. The simple registration of pistols or handguns would appear to be reasonable and in keeping with the ruling in State v. Dawson, and would not prohibit the right to keep and bear arms.

Rufus L. Edmisten Attorney General

William W. Melvin Deputy Attorney General