Charlotte and the "Extraordinary Event" Status

[rdinatal]

What's up with the "Extraordinary Event" status in Charlotte?? What, they can suspend state law and ban concealed carry???

https://www.municode.com/library/nc...=PTIICOOR_CH15OFMIPR_ARTXIVEXEV_S15-311DEEXEV
(Ord. No. 4814(b), § 1, 1-23-2012)
Sec. 15-313. - Regulations.
(c) During the period of time and within the boundaries of an extraordinary event, it shall be unlawful for any person, other than governmental employees in the performance of their duties, to willfully or intentionally possess, carry, control or have immediate access to any of the following:
(14) A device used to shoot, hurl or project a missile of any description capable of inflicting serious injury to a person;

True / Not True?

-R

 

[Zbizzle911]

It was put in place during the dnc I thought.

 

[rdinatal]

I just found this that may be a defense if you have a carry permit...

(d) The following factors shall be a defense to prosecution for a violation of subsection (c):
(1) The defendant was engaged in, or on the way to or from, an activity in which the or she legitimately used the device or object;
(2) The defendant possessed that object for that legitimate use; and
(3) The defendant did not use or attempt to use the object as a weapon or to injure another person or damage property.

My question is, can you carry there with a "permit"??

-R

 

[gc70]

Charlotte's Extraordinary Events Ordinance (Sec. 15-313) prohibits a person "to willfully or intentionally possess, carry, control or have immediate access to" "(14) A device used to shoot, hurl or project a missile of any description capable of inflicting serious injury to a person;" Applying the Charlotte ordinance to people with valid concealed carry permits would be in direct contravention of the state's firearms preemption laws (NCGS 14-409.40(f) is the more general firearms preemption law; NCGS 14-415.23 is the specific preemption law for concealed carry).

I contacted the ACLU and GRNC about this in 2012 and received the following response from the ACLU:

Regarding your last paragraph, I know Charlotte has reached the same conclusion as Tampa: the city ordinance cannot trump the state handgun law relating to individuals with valid concealed carry permits.

The following was posted by someone else at another location.

The Lexington City Council might want to ask a few more questions of Charlotte and its ordinance on "extraordinary events." Such events have no impact on statewide uniformity of firearms laws, which prohibit local governments from enacting gun laws more stringent than state law. In particular, Charlotte discovered (and agreed) that they had no authority to limit lawfully carried concealed handguns during the Democratic National Convention. Last I knew, Mark Newbold was the CMPD attorney. You might want to consult with him to save yourselves a boatload of trouble. Please tell him I said "hello."

F. Paul Valone
President, Grass Roots North Carolina (GRNC)

A 2012 WSOC news report contained the following from CMPD's attorney.

While the city's extraordinary events ordinance will prohibit anyone watching or involved in parades, picketing or demonstrations from having weapons, it can't keep people with permits from carrying concealed weapons nearby.

“There are areas -- people could be on a sidewalk or walking in an area that's open to the public and under the law, they could carry a concealed weapon,” said CMPD attorney Mark Newbold.

Nevertheless, the ordinance remains on the books, the city acts like it is valid, and nobody is complaining to set things straight.

 

[gc70]

Charlotte also issued a document discussing Enforcement of Extraordinary Event Ordinance.

Purpose of Ordinance:

The purpose of the Extraordinary Event Ordinance is to allow law enforcement to identify risks or individuals intent on doing harm at a large scale event of national or international significance and/or an event expected to attract a significant number of people to a certain portion of the city. The ordinance should not affect the normal way of life for law abiding citizens.

Law abiding citizens going about their daily business will not be subject to arrest for simply possessing a prohibited item during and within the boundary of an Extraordinary Event.

Prohibited Items:

Below is a list of items prohibited during an Extraordinary Event. Many of these items are not in and of themselves a weapon. Also there may be times when a person is in possession of these items for a legitimate purpose. Officers will not immediately arrest/cite someone simply because they are in possession of an item. Instead officers will determine whether the person is in possession of an item while going to or from an activity in which that device is used for a legitimate purpose. If so, then the ordinance would not apply and no enforcement action should be taken unless the person actually attempts to use the device as a weapon to injure another person or to damage property.

 

[georgel]

If this is about the New Year's celebration downtown, I wouldn't be anywhere near it anyway.

 

[rdinatal]

Not just the New Years celebration but any other that I may want to attend.

-R

 

[fieldgrade]

I avoid any and all "extraordinary events".

 

[noway2]

It's called following the law of stupid: don't do stupid things, with stupid people, at stupid places, at stupid times.

if a municipality thinks that an event warrants the suspension of search and seizure rules (regardless of whether they can legally do so, they will try), because they fear some actor might try to inflict mass harm, it would clearly fall into the place / thing / event to avoid per the rule of stupid.

That being said, if one were to CC at or near such an event and they tried to stop it, they would be facing a lawsuit. The problem is that billy-badass with a badge will likely try to enforce his opinion on the matter and will be protected because they thought they were within their duty bounds.

 

[Tailhunter]

I avoid Charlotte like I would avoid a rabid fox.

Observe from a distance.

 

[trcubed]

The only things I care about in Charlotte are about 5 miles east of town.

 

[Bailey Boat]

Just another excuse to prohibit our constutional rights..... They can shove it and hum Dixie at the same time.... I don't go into CLT, spend too damned many years there and since I've become my own man (semi retirement) I call the shots. I treat CLT the same as I treat California, no need for me to be there.......

 

[Radar]

I avoid CLT as well, chapel hill is right there with them.

 

[DPCSR1]

I try extraordinary hard to avoid charlotte. Moved away from there in 2009 and have not been back but one time since. I haven't lost a damn thing in that hell hole.