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Posted: 7/16/2003 7:52:18 PM EDT
Howdy,

I didn't find any law in the Durham County code that refered to handgun registration.  However, I did find this wonderful piece of legislation:

Sec. 17-71.  Prohibited; definition.  

Except as otherwise provided in this division, it is unlawful for any person to manufacture, assemble, possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver or give to another, or acquire any weapon of mass death and destruction. For purposes of this division, the term "weapon of mass death and destruction" means a semiautomatic firearm which is designed or specially adapted to fire a cartridge and automatically chamber a succeeding cartridge, ready to fire, with a single function of the trigger and:
 
(1) Is a semiautomatic action centerfire rifle or carbine which was originally designed and intended to be sold with a detachable magazine with a capacity of more than 21 rounds;
 
(2) Is a semiautomatic shotgun with a magazine capacity of more than six rounds;
 
(3) Is a semiautomatic handgun that is:
 
  a. A modification of a firearm described in this section;
 
  b. Part or combination of parts either designed or intended for use in converting any device into any weapon described above and from which such a weapon may readily be assembled if in the possession or control of the same individual;
 
  c. Originally designed to accept a detachable magazine with a capacity of more than 21 rounds;
 
  d. Possessed while a detachable magazine with a capacity of more than 21 rounds, usable with such handgun, is attached or directly accessible; or
 
  (4) A firearm described elsewhere in this division which has temporarily been made to function in a non-semiautomatic fashion but which can be restored to function as an operable semiautomatic firearm.
 
(Ord. of 1-10-94(1), § a)


I looked for the text of the handgun registration law, but I couldn't locate anything about it.

The information I had about the handgun registration law being a state law came from a friend who is a Durham PD officer and a life-long Durham County resident.  He told me that it was enacted by the NC legislature at least 50 years ago.  I know another guy who was a DPD officer in the 1970 through the 1990s.  He told me it was common for people to be charged with possession of an unregistered handgun in the 70s and early 80s, but then the record keeping fell behind and they stopped charging.

At any rate, if I can find the code section somewhere, I'd post it.





Link Posted: 7/20/2003 12:54:14 PM EDT
[#1]
I just read thru Sec. 17-71 and it sounds like owning an AR15 is illegal. I can't find where the "Except as otherwise provided in this division" is, but it sounds bad.

I'm moving to Durham on the 27th...I can tell that this is really going to suck.

Here is the actual text of the "Weapons of mass destruction" law:


B.WEAPONS OF MASS DESTRUCTION   - (back to top) -

North Carolina General Statute 14-288.8 provides that it is unlawful for any person to manufacture, assemble, possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver, give to another, or acquire any weapon of mass death and destruction. A weapon of mass death and destruction includes:

1. bombs of all sorts;

2. grenades;

3.rockets having a propellant charge of more than 4 ounces;

4.a missile having an explosive or incendiary charge of more than one-quarter ounce;

5. mine;

6. any type of weapon (other than a shotgun or a shotgun shell of a type particularly suitable for sporting purposes) which will expel a projectile using an explosive or other propellant and which has a barrel with a bore of more than one-half inch in diameter;

7.any firearm capable of fully automatic fire;

8.any shotgun with a barrel length less than eighteen inches or an overall length of less than twenty-six inches;

9.a rifle with a barrel length of less than sixteen inches or an overall length of less than twenty-six inches;

10.any muffler or silencer for any firearm, whether or not such firearm is included within this definition;

11. radioactive material; or




Link Posted: 7/20/2003 2:02:03 PM EDT
[#2]
CONTINUED

12.any combination of parts either designed or intended for use in converting a device into any weapon described above and from which a weapon of mass death and destruction may readily be assembled.

Thus, a device which could convert a semi-automatic firearm into one capable of fully automatic fire, would be in violation of this statute, whether or not one actually possesses such a weapon. The possession of the device itself is a crime. If any person possesses a weapon of mass death and destruction in violation of this statute, he would be guilty of a Class I Felony.

The only persons capable of owning or possessing a weapon of mass death and destruction, as defined above, are the following:

1.Persons exempted from the provisions of carrying a concealed weapon in North Carolina with respect to any activity lawfully engaged in while carrying out their duties;

2.Importers, manufacturers, dealers, and collectors of firearms, ammunition, or destructive devices validly licensed under the laws of the United States or the State of North Carolina, while lawfully engaged in activities authorized under their licenses;

3.Persons under contract with the United States, the State of North Carolina, or any agency of either government, with respect to any activities lawfully engaged in under their contracts; or

4.Inventors, designers, ordinance consultants and researchers, chemists, physicists, and other persons lawfully engaged in pursuits designed to enlarge the knowledge of or to facilitate the creation, development, or manufacture of weapons of mass death and destruction intended for use in a manner consistent with the laws of the United States and the State of North Carolina.



And here is the link/text that says Durham no longer registers handguns. Will someone please call these clowns and find out if they want to register my handguns or not?

www.police.durham.on.ca/netscape/our_organization/unit.asp?Scope=Unit&ID=29

"The Durham Regional Police no longer register firearms. The federal government now has an application centre for firearm registration. For more information, contact 1-800-731-4000."
Link Posted: 7/20/2003 8:46:03 PM EDT
[#3]
Howdy,

"And here is the link/text that says Durham no longer registers handguns. Will someone please call these clowns and find out if they want to register my handguns or not?

www.police.durham.on.ca/netscape/our_organization/unit.asp?Scope=Unit&ID=29

"The Durham Regional Police no longer register firearms. The federal government now has an application centre for firearm registration. For more information, contact 1-800-731-4000."

That is for Durham Regional Police in Canada.  The Durham, NC PD website is:

http://www.durhampolice.com/


"(1) Is a semiautomatic action centerfire rifle or carbine which was originally designed and intended to be sold with a detachable magazine with a capacity of more than 21 rounds;"

Actually, the AR15 was originally designed with a 20 round magazine was it not?  If so, this statute wouldn't apply.

I still can't find the text of the Durham County handgun registration law.




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