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Database for gun owners

Joseph T.

Posted 11:14 pm, 05/30/2016

The federal law is called FOPA firearm owner protect act and the NC state law is NCGS � 14-409.40. Statewide uniformity of local regulation.

� 14-409.40. Statewide uniformity of local regulation.

(a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, statewide concern, and that the entire field of regulation of firearms is preempted from regulation by local governments except as provided by this section.

(a1) The General Assembly further declares that the lawful design, marketing, manufacture, distribution, sale, or transfer of firearms or ammunition to the public is not an unreasonably dangerous activity and does not constitute a nuisance per se and furthermore, that it is the unlawful use of firearms and ammunition, rather than their lawful design, marketing, manufacture, distribution, sale, or transfer that is the proximate cause of injuries arising from their unlawful use. This subsection applies only to causes of action brought under subsection (g) of this section.

(b) Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, storage, transfer, sale, purchase, licensing, taxation, manufacture, transportation, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms, or dealers in handgun components or parts.

(c) Notwithstanding subsection (b) of this section, a county or municipality, by zoning or other ordinance, may regulate or prohibit the sale of firearms at a location only if there is a lawful, general, similar regulation or prohibition of commercial activities at that location. Nothing in this subsection shall restrict the right of a county or municipality to adopt a general zoning plan that prohibits any commercial activity within a fixed distance of a school or other educational institution except with a special use permit issued for a commercial activity found not to pose a danger to the health, safety, or general welfare of persons attending the school or educational institution within the fixed distance.

(d) No county or municipality, by zoning or other ordinance, shall regulate in any manner firearms shows with regulations more stringent than those applying to shows of other types of items.

(e) A county or municipality may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with that local unit of government.

(f) Nothing contained in this section prohibits municipalities or counties from application of their authority under G.S. 153A-129, 160A-189, 14-269, 14-269.2, 14-269.3, 14-269.4, 14-277.2, 14-415.11, 14-415.23, including prohibiting the possession of firearms in public-owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas, except nothing in this subsection shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas. Nothing contained in this section prohibits municipalities or counties from exercising powers provided by law in states of emergency declared under Article 1A of Chapter 166A of the General Statutes.

(g) The authority to bring suit and the right to recover against any firearms or ammunition marketer, manufacturer, distributor, dealer, seller, or trade association by or on behalf of any governmental unit, created by or pursuant to an act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, injunctive relief, or any other remedy resulting from or relating to the lawful design, marketing, manufacture, distribution, sale, or transfer of firearms or ammunition to the public is reserved exclusively to the State. Any action brought by the State pursuant to this section shall be brought by the Attorney General on behalf of the State. This section shall not prohibit a political subdivision or local governmental unit from bringing an action against a firearms or ammunition marketer, manufacturer, distributor, dealer, seller, or trade association for breach of contract or warranty for defect of materials or workmanship as to firearms or ammunition purchased by the political subdivision or local governmental unit.

(h) A person adversely affected by any ordinance, rule, or regulation promulgated or caused to be enforced by any county or municipality in violation of this section may bring an action for declaratory and injunctive relief and for actual damages arising from the violation. The court shall award the prevailing party in an action brought under this subsection reasonable attorneys' fees and court costs as authorized by law. (1995 (Reg. Sess., 1996), c. 727, s. 1; 2002-77, s. 1; 2012-12, s. 2(z); 2015-195, s. 12.)

antithesis

Posted 10:57 pm, 05/30/2016

antithesis (view profile) Posted 6:34 pm, 05/29/2016
(1) I do believe in the 2nd Amendment, but I also think logically. I think that it's reasonable for there to be a database of legal gun owners, along with a list of guns they legally own.
(2) There should also be a required annual license and insurance, requiring the owners to keep the list updated.
(3) And if a gun is stolen or lost, any damages done by the criminal that stole it would be covered by that gun owners insurance.
(4) And there should be a state sales tax on guns and ammunition. That tax should go towards funding the police departments that deal directly with criminals using guns.
I don't see any of that as a violation of the 2nd Amendment.

(1) There is a federal law and NC State law against a data base of gun owners and the guns they own.

(2) No one should be required to have a annual license and insurance to exercise any of their rights.

(3) No one should be libel for the damage done by a criminal. What if your car is stolen and the thief is drunk or high and causes an accident killing people do you believe that you or your insurance should be responsible.

What if a criminal breaks into your house and then sets it on fire to try and cover up the break in and the fire sets the country side a blas� and several of your neighbors houses get burned down as well should you or your homeowner insurance be responsible?

(4) There are state level sales taxes on guns and ammo just like almost everything else in this State.
(1) You may have already posted the answer to this, but what law is this? Or what court case found it to be a violation of the Constitution?

Someone else asked what the purpose would be for such a database. My first thought is that if we had a complete list of where all of the guns are then it would help to eliminate the black market gun trade, limiting what criminals could buy. It wouldn't work immediately, of course, because most people would just lie about the guns they have, but over time it would have an impact.

(2) Why not? In the US, we have Freedom of Movement, which many argue gives us the right to travel on public roads:

https://en.wikipedia.org/wi...States_law

So we can walk on the roads or ride a bicycle, but to drive a car we have to have a license and insurance. If that's not a violation of the Constitution, then requiring a license and insurance on firearms wouldn't be, either.

(3) Even though it may not be the case, yes, I do think that the owner's insurance should be liable.

Using your example, if I own a home and do not have insurance, but it is damaged because a neighbor's house catches fire, then why should I be the one that is left homeless?

(4) I agree, and I think I posted the link to it before. But I don't know where that tax money goes, and my point was that it should be used to help fight crime. Just like cigarette tax is used to offset the cost of the State Children's Health Insurance Program.

Joseph T.

Posted 7:25 pm, 05/30/2016

gun owners have been paying for a long time

Crypt

Posted 7:21 pm, 05/30/2016

NC politicians have taxed labor and mopeds. The gun nuts are next in line to pay the King.

Crypt

Posted 7:16 pm, 05/30/2016

From Joseph T.'s link- "In constitutional or statutory construction, language should always be accorded its plain meaning. See, e.g., Martin v. Hunter's Lessee, 14 U.S. (1 Wheat.) 304, 326 (1816)."
I agree and "well regulated" is pretty **** plain.

liberal

Posted 7:08 pm, 05/30/2016

Daniel J. Schultz, Is Author at Breitbart

liberal

Posted 7:06 pm, 05/30/2016

Thought about it and the 2nd amendment is old and needs updating or to be done away with completely.

Joseph T.

Posted 7:04 pm, 05/30/2016

Maybe I missed it just where do you see breitbart listed anywhere

Joseph T.

Posted 7:02 pm, 05/30/2016

Just think about it for a minute the founding fathers just beat the strongest military/Gov. in the world why would they then want to turn around and give the new Gov the power to take or regulate their arms.

liberal

Posted 7:02 pm, 05/30/2016

Coming from breitbart a right wing site I Guess they would say that

Crypt

Posted 6:51 pm, 05/30/2016

Customized Legal Forms
by Daniel J. Schultz

The Second Amendment to the United States Constitution states: "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." The reference to a "well regulated" militia, probably conjures up a connotation at odds wit

It is an absolute truism that law-abiding, armed citizens pose no threat to other law-abiding citizens.

Liberal

Posted 6:50 pm, 05/30/2016

Guns should be registered and the owner made to have liability insurance on each one they own If they are not registered and insured in a certain amount of time the should be confiscated .

Joseph T.

Posted 6:18 pm, 05/30/2016

Neither means what you think they do. Don't forget the database is illegal under the law

Crypt

Posted 6:10 pm, 05/30/2016

"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"
Now what part of "well regulated" do I need to explain. The database or the excise tax.

Joseph T.

Posted 4:35 pm, 05/30/2016

We are not talking about people who have lots their rights that is another subject all together and has nothing to do with Hawaii breaking the law by requiring gun owners to register

Crypt

Posted 12:47 pm, 05/30/2016

Once you commit a crime, especially a felony, you have no constitutional rights.

Joseph T.

Posted 11:47 am, 05/30/2016

we seem to have drifted off course talking about taxes this thread is about creating a data base of gun owners something that is illegal under federal law.

Bestill

Posted 8:50 am, 05/30/2016

ALOHA!

Crypt

Posted 8:37 am, 05/30/2016

Hillary or Trump either one will agree that the gun nuts have to pay to play. It's the American way.

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