GRNC.ORG

March 12, 2024

Mayor Byron McAllister

Post Office Box 590

Raleigh, NC 27602

Dear Mayor McAllister:

Grass Roots North Carolina has been our state’s primary Second Amendment organization since 1994. As such, we were central to drafting and passing our original concealed handgun permit law in 1995, and have shepherded numerous enhancements to the law in the ensuing decades.

So, imagine my surprise at being informed of Section 13-10 of the Town of Selma Code of Ordinances, reportedly passed by the Town Council on February 13, 2024. My advice is to immediately fire any attorney who gave you advice on the ordinance since, as a violation of state law, it exposes you to litigation, including damages, attorney fees, and court costs. Please see the attached legal memorandum from Edward H. Green, III, Esq., who describes your new ordinance as “flagrantly illegal.”

In its 2011-2012 Session, the North Carolina General Assembly passed House Bill 650 (S.L. 2011-268), which restricted the ability of municipalities to prohibit the lawful carry of concealed handguns in parks to a limited number of “recreational facilities.” In 2013, the legislature passed House Bill 937 (S.L. 2013-369), which further narrowed the definition of recreational facilities in § 14‑415.23. (“Statewide uniformity”) which now says in relevant part:

(c) For purposes of this section, the term "recreational facilities" includes only the following:

(1) 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.

(2) A swimming pool, including any appurtenant facilities used for dressing, storage of personal items, or other uses relating to the swimming pool.

(3) A facility used for athletic events, including, but not limited to, a gymnasium.

(d) 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.

(e) 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.

Additionally, with limited exceptions, the imposition of a local gun law or regulation more stringent than state law is a violation of § 14-409.40 (“Statewide uniformity of local regulation”), including subsection (h), which reads as follows:

“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.”

Specifically, your ordinance violates state law in at least four ways:

You may not ban handgun carry by concealed handgun permit-holders in the entirety of municipal parks, as you appear to attempt in subsection “b. (b)”, including subsections “1.1., 2.2., 3.3., 4.4., 5.5., 6.6., and 7.7.”
You may not ban handgun carry by concealed handgun permit-holders on the entirety of a street or public right-of-way, regardless of whether you close it for a public event as you seem to attempt in subsection “(cc)”. In fact, your citation of § 14-277.2 (“Weapons at parades, etc., prohibited”) is a ridiculously overbroad and unenforceable interpretation of the statute.
You may not post signs at the “entrant” [sic] of such areas that “Possession of weapons or carrying a concealed handgun is prohibited” as you seem to attempt in subsection “(ee).”
You may not unilaterally declare firearms confiscated during enforcement of your unlawful ordinance to be “contraband” and order them destroyed as you seem to attempt in subsection “(gg).”

Lest you believe we are not serious about bringing the Town of Selma into compliance with state law, please understand that our organization has thus far filed litigation against the Sheriff of Mecklenburg County (twice), the Sheriff of Wake County (twice), the City of Winston-Salem, Agriculture Commissioner Steve Troxler, and Governor Beverly Perdue. All but one succeeded.

While redrafting Selma’s ordinance, you might consider correcting its many formatting, bulleting, and grammatical errors, since the version online borders on illiteracy.

I can be reached directly at FPV@FPaulValone.com or (704) 907-9206. To prevent further action, I look forward to your prompt reply within five (5) business days.

Respectfully,