NORTH CAROLINA STATE CONSTITUTION
Some cities/counties have ordinances against open carry.
Based on the constitution, where does the legislators get the authority to allow cities/counties to disallow open carry? My point for the question is this, setting aside the persons legal mental incompetent status, what stops this person from privately purchasing a firearm and openly carrying said firearm?
The infamous PPP (Pistol Purchase Permit), issued by your county sheriff, is required for ALL lawful handgun purchases (the CHP may alternatively be used).
§ 14-402. Sale of certain weapons without permit forbidden. (a) It is unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any pistol unless: (i) a license or permit is first obtained under this Article by the purchaser or receiver from the sheriff of the county in which the purchaser or receiver resides; or (ii) a valid North Carolina concealed handgun permit is held under Article 54B of this Chapter by the purchaser or receiver who must be a resident of the State at the time of the purchase.
Municipalities are established through state legislation. They are then granted the authority to enact ordinances and govern. One of these is the authority to regulate the carry and display of firearms on or in municipality owned (public) property.
State pre-emption for carrying handguns is formalized for CC. OC is the default condition; anything else requires the state's permission slip and is therefore regulated by the state. Except that the state also recognizes the authority they conferred on the municipalities to regulate firearms on their property (except specific named areas).
The cite posted by Grapeshot does not involve OCing a gun. Simply, it limits zoning or restricting manufacture or sale locations.
I am not sure which section of the bill Solus meant, but I will address 14-415.23: It has since been amended to allow CC in public parks, allows restrictions in specific areas, and allows one to have the gun on publice property when stored in your vehicle.
(Current form)
§ 14-415.23. Statewide uniformity. (a) 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.(snipped)
Strictly speaking, I agree with your point. If OC were a true right, we could carry on/in all public property and buildings.