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GRNC Alert 01-14-14: Chapel Hill Town Council Whines About Having to Obey Law

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Resolution would flout both law and rights of law-abiding gun owners…

Angered by expansion of carry rights provided by GRNC-backed legislation (now Session Law 2013-369) a childish Chapel Hill Town Council proposed a sophomoric resolution in protest.

This resolution would have instructed the Town Manager to contact property owners who have provided greenway easements, suggesting they post against lawful carry:

“BE IT FURTHER RESOLVED that the Town Manager shall send a letter to each property owner that has granted a greenway easement to the Town advising of the potential right to bar passage over their private property by persons carrying weapons, concealed or otherwise, and of the ability to post signage accordingly on the greenway easement…”

Unfortunately for the Second Amendment deniers that apparently comprise the Town Council, their easement interpretation is wrong. Once a private property owner grants an easement to a town, it is the town, not the private property owner that controls the area on which the easement is granted. And so it should be. Imagine, for example, that a private property owner wanted to bar minorities, children or service animals from land underlying a greenway.

A similar desperate attempt to interfere with enjoyment of municipal greenways by law-abiding citizens was made earlier by the city of Winston-Salem. Winston-Salem’s effort drew quick legal action from GRNC’s legal arm, Rights Watch International.

Like it or not, the Town of Chapel Hill is preempted by state law from banning carry with very narrow and specific exceptions. Greenways are not among these. Chapel Hill leaders may be bigoted against law-abiding gun owners, but their ability to harass us on greenways is now Jim Crow history. Town councilors need to quit whining, stop attempting to violate rights, and comply with the law.

Prior to their Monday, January 13th meeting, town leaders were advised by GRNC of the ill-advised nature of their childish attack on the rights of law-abiding citizens, and the fact it opened the Town to responsibility for resulting legal fees. As a result, the council eliminated offending language,then tabled the resolution until their next meeting.

This anti-Second Amendment Town Council and their Mayor, Mark Kleinschmidt (member of Bloomberg’s group of illegal mayors) need to be reminded the days of bigotry against law-abiding gun owners are behind us. Attacks on civil rights by municipal governments will no longer be tolerated.

Persecuting gun owners

Reminiscent of third world dictators, Chapel Hill leaders might not only disobey state law, but also prosecute gun owners who remain within it: At least one council member called for instructing the town’s chief of police to continue enforcing their present — unlawful — restrictions on concealed carry in parks. There is little doubt that in adopting a new parks ordinance, they will do their utmost to flout the law, the will of the General Assembly, and the rights of lawful gun owners.


Contact Information

Contact Chapel Hill Mayor Mark Kleinschmidt and members of the Town Council using the cut-and-paste list of addresses below:

Mayor: [email protected]

Town Council: [email protected][email protected];[email protected][email protected];[email protected][email protected];[email protected]


Suggested Subject: “Respect the law and law-abiding North Carolinians”

Mayor Schmidt and members of the Chapel Hill Town Council:

Since 1995, hundreds of thousands of law-abiding North Carolinians have been carrying concealed handguns just about everywhere in our state. During this same period, violent crime rates have decreased by 46%.

Despite “Chicken Little” predictions by opponents of expanded carry laws, citizens with concealed handgun permits have proven themselves to be the most law-abiding group in our state. They deserve your respect, not your insulting resolutions and attempts to prevent them from enjoying Chapel Hill greenways.

The state has wisely expanded where North Carolinians may carry firearms to defend themselves and their families. You need to quit complaining and obey the law. Failure to do so may have serious consequences, including wasting taxpayer money on litigation you cannot win. I will be monitoring your actions via Grass Roots North Carolina legislative alerts.


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