North Carolina § 14-415 - 23. Statewide uniformity.

§ 14-415. 23. Statewide uniformity.

It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun. A unit of local government may adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun, in accordance with G.S. 14-415.11(c), on local government buildings and their appurtenant premises. 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. For purposes of this section, the term "recreational facilities" includes only the following: 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. A swimming pool, including any appurtenant facilities used for dressing, storage of personal items, or other uses relating to the swimming pool. A facility used for athletic events, including, but not limited to, a gymnasium. For the purposes of this section, the term "recreational facilities" does not include any greenway, designated biking or walking path, an area that is customarily used as a walkway or bike path although not specifically designated for such use, open areas or fields where athletic events may occur unless the area qualifies as an "athletic field" pursuant to subdivision (1) of subsection (c) of this section, and any other area that is not specifically described in subsection (c) of this section. A person adversely affected by any ordinance, rule, or regulation promulgated or caused to be enforced by any unit of local government 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. History (1995, c. 398, s. 1; 2011-268, s. 21(b); 2013-369, s. 6; 2015-195, s. 15.) Editor's Note. - Session Laws 2015-195, s. 18, made subsection (a), as added by Session Laws 2015-195, s. 15, applicable to violations occurring on or after December 1, 2015, and provided that: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Effect of Amendments. - Session Laws 2013-369, s. 6, effective October 1, 2013, redesignated the former provisions of this section as present subsections (a) through (c); deleted "a playground, an athletic field, a swimming pool, and an athletic facility" at the end of the introductory language of subsection (c); and added subdivisions (c)(1) through (c)(3) and subsection (d). For applicability, see Editor's note. Session Laws 2015-195, s. 15, effective December 1, 2015, added subsection (e). For applicability, see editor's note. Legal Periodicals. - For article, "Public Endangerment or Personal Liberty? North Carolina Enacts a Liberalized Concealed Handgun Statute," see 74 N.C.L. Rev. 2214 (1996).