§ 14‑409.40. Statewideuniformity of local regulation.
(a) It is declared bythe General Assembly that the regulation of firearms is properly an issue ofgeneral, statewide concern, and that the entire field of regulation of firearmsis preempted from regulation by local governments except as provided by thissection.
(a1) The General Assemblyfurther declares that the lawful design, marketing, manufacture, distribution,sale, or transfer of firearms or ammunition to the public is not anunreasonably dangerous activity and does not constitute a nuisance per se andfurthermore, that it is the unlawful use of firearms and ammunition, ratherthan their lawful design, marketing, manufacture, distribution, sale, ortransfer that is the proximate cause of injuries arising from their unlawfuluse. This subsection applies only to causes of action brought under subsection(g) of this section.
(b) Unless otherwisepermitted by statute, no county or municipality, by ordinance, resolution, orother enactment, shall regulate in any manner the possession, ownership,storage, transfer, sale, purchase, licensing, or registration of firearms,firearms ammunition, components of firearms, dealers in firearms, or dealers inhandgun components or parts.
(c) Notwithstandingsubsection (b) of this section, a county or municipality, by zoning or otherordinance, may regulate or prohibit the sale of firearms at a location only ifthere is a lawful, general, similar regulation or prohibition of commercialactivities at that location. Nothing in this subsection shall restrict theright of a county or municipality to adopt a general zoning plan that prohibitsany commercial activity within a fixed distance of a school or othereducational institution except with a special use permit issued for acommercial activity found not to pose a danger to the health, safety, orgeneral welfare of persons attending the school or educational institutionwithin the fixed distance.
(d) No county ormunicipality, by zoning or other ordinance, shall regulate in any mannerfirearms shows with regulations more stringent than those applying to shows ofother types of items.
(e) A county ormunicipality may regulate the transport, carrying, or possession of firearms byemployees of the local unit of government in the course of their employmentwith that local unit of government.
(f) Nothing containedin this section prohibits municipalities or counties from application of theirauthority 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‑ownedbuildings, on the grounds or parking areas of those buildings, or in publicparks or recreation areas, except nothing in this subsection shall prohibit aperson from storing a firearm within a motor vehicle while the vehicle is onthese grounds or areas. Nothing contained in this section prohibitsmunicipalities or counties from exercising powers provided by law in declaredstates of emergency under Article 36A of this Chapter.
(g) The authority tobring suit and the right to recover against any firearms or ammunitionmarketer, manufacturer, distributor, dealer, seller, or trade association by oron behalf of any governmental unit, created by or pursuant to an act of theGeneral Assembly or the Constitution, or any department, agency, or authoritythereof, for damages, abatement, injunctive relief, or any other remedyresulting from or relating to the lawful design, marketing, manufacture,distribution, sale, or transfer of firearms or ammunition to the public isreserved exclusively to the State. Any action brought by the State pursuant tothis section shall be brought by the Attorney General on behalf of the State.This section shall not prohibit a political subdivision or local governmentalunit from bringing an action against a firearms or ammunition marketer,manufacturer, distributor, dealer, seller, or trade association for breach ofcontract or warranty for defect of materials or workmanship as to firearms orammunition purchased by the political subdivision or local governmental unit. (1995 (Reg. Sess., 1996), c.727, s. 1; 2002‑77, s. 1.)
§ 14‑409.40. Statewideuniformity of local regulation.
(a) It is declared bythe General Assembly that the regulation of firearms is properly an issue ofgeneral, statewide concern, and that the entire field of regulation of firearmsis preempted from regulation by local governments except as provided by thissection.
(a1) The General Assemblyfurther declares that the lawful design, marketing, manufacture, distribution,sale, or transfer of firearms or ammunition to the public is not anunreasonably dangerous activity and does not constitute a nuisance per se andfurthermore, that it is the unlawful use of firearms and ammunition, ratherthan their lawful design, marketing, manufacture, distribution, sale, ortransfer that is the proximate cause of injuries arising from their unlawfuluse. This subsection applies only to causes of action brought under subsection(g) of this section.
(b) Unless otherwisepermitted by statute, no county or municipality, by ordinance, resolution, orother enactment, shall regulate in any manner the possession, ownership,storage, transfer, sale, purchase, licensing, or registration of firearms,firearms ammunition, components of firearms, dealers in firearms, or dealers inhandgun components or parts.
(c) Notwithstandingsubsection (b) of this section, a county or municipality, by zoning or otherordinance, may regulate or prohibit the sale of firearms at a location only ifthere is a lawful, general, similar regulation or prohibition of commercialactivities at that location. Nothing in this subsection shall restrict theright of a county or municipality to adopt a general zoning plan that prohibitsany commercial activity within a fixed distance of a school or othereducational institution except with a special use permit issued for acommercial activity found not to pose a danger to the health, safety, orgeneral welfare of persons attending the school or educational institutionwithin the fixed distance.
(d) No county ormunicipality, by zoning or other ordinance, shall regulate in any mannerfirearms shows with regulations more stringent than those applying to shows ofother types of items.
(e) A county ormunicipality may regulate the transport, carrying, or possession of firearms byemployees of the local unit of government in the course of their employmentwith that local unit of government.
(f) Nothing containedin this section prohibits municipalities or counties from application of theirauthority 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‑ownedbuildings, on the grounds or parking areas of those buildings, or in publicparks or recreation areas, except nothing in this subsection shall prohibit aperson from storing a firearm within a motor vehicle while the vehicle is onthese grounds or areas. Nothing contained in this section prohibitsmunicipalities or counties from exercising powers provided by law in declaredstates of emergency under Article 36A of this Chapter.
(g) The authority tobring suit and the right to recover against any firearms or ammunitionmarketer, manufacturer, distributor, dealer, seller, or trade association by oron behalf of any governmental unit, created by or pursuant to an act of theGeneral Assembly or the Constitution, or any department, agency, or authoritythereof, for damages, abatement, injunctive relief, or any other remedyresulting from or relating to the lawful design, marketing, manufacture,distribution, sale, or transfer of firearms or ammunition to the public isreserved exclusively to the State. Any action brought by the State pursuant tothis section shall be brought by the Attorney General on behalf of the State.This section shall not prohibit a political subdivision or local governmentalunit from bringing an action against a firearms or ammunition marketer,manufacturer, distributor, dealer, seller, or trade association for breach ofcontract or warranty for defect of materials or workmanship as to firearms orammunition purchased by the political subdivision or local governmental unit. (1995 (Reg. Sess., 1996), c.727, s. 1; 2002‑77, s. 1.)
§ 14‑409.40. Statewideuniformity of local regulation.
(a) It is declared bythe General Assembly that the regulation of firearms is properly an issue ofgeneral, statewide concern, and that the entire field of regulation of firearmsis preempted from regulation by local governments except as provided by thissection.
(a1) The General Assemblyfurther declares that the lawful design, marketing, manufacture, distribution,sale, or transfer of firearms or ammunition to the public is not anunreasonably dangerous activity and does not constitute a nuisance per se andfurthermore, that it is the unlawful use of firearms and ammunition, ratherthan their lawful design, marketing, manufacture, distribution, sale, ortransfer that is the proximate cause of injuries arising from their unlawfuluse. This subsection applies only to causes of action brought under subsection(g) of this section.
(b) Unless otherwisepermitted by statute, no county or municipality, by ordinance, resolution, orother enactment, shall regulate in any manner the possession, ownership,storage, transfer, sale, purchase, licensing, or registration of firearms,firearms ammunition, components of firearms, dealers in firearms, or dealers inhandgun components or parts.
(c) Notwithstandingsubsection (b) of this section, a county or municipality, by zoning or otherordinance, may regulate or prohibit the sale of firearms at a location only ifthere is a lawful, general, similar regulation or prohibition of commercialactivities at that location. Nothing in this subsection shall restrict theright of a county or municipality to adopt a general zoning plan that prohibitsany commercial activity within a fixed distance of a school or othereducational institution except with a special use permit issued for acommercial activity found not to pose a danger to the health, safety, orgeneral welfare of persons attending the school or educational institutionwithin the fixed distance.
(d) No county ormunicipality, by zoning or other ordinance, shall regulate in any mannerfirearms shows with regulations more stringent than those applying to shows ofother types of items.
(e) A county ormunicipality may regulate the transport, carrying, or possession of firearms byemployees of the local unit of government in the course of their employmentwith that local unit of government.
(f) Nothing containedin this section prohibits municipalities or counties from application of theirauthority 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‑ownedbuildings, on the grounds or parking areas of those buildings, or in publicparks or recreation areas, except nothing in this subsection shall prohibit aperson from storing a firearm within a motor vehicle while the vehicle is onthese grounds or areas. Nothing contained in this section prohibitsmunicipalities or counties from exercising powers provided by law in declaredstates of emergency under Article 36A of this Chapter.
(g) The authority tobring suit and the right to recover against any firearms or ammunitionmarketer, manufacturer, distributor, dealer, seller, or trade association by oron behalf of any governmental unit, created by or pursuant to an act of theGeneral Assembly or the Constitution, or any department, agency, or authoritythereof, for damages, abatement, injunctive relief, or any other remedyresulting from or relating to the lawful design, marketing, manufacture,distribution, sale, or transfer of firearms or ammunition to the public isreserved exclusively to the State. Any action brought by the State pursuant tothis section shall be brought by the Attorney General on behalf of the State.This section shall not prohibit a political subdivision or local governmentalunit from bringing an action against a firearms or ammunition marketer,manufacturer, distributor, dealer, seller, or trade association for breach ofcontract or warranty for defect of materials or workmanship as to firearms orammunition purchased by the political subdivision or local governmental unit. (1995 (Reg. Sess., 1996), c.727, s. 1; 2002‑77, s. 1.)
