CONTINUATION OF A PUBLIC HEARING HELD BY THE MAYOR AND COUNCIL OF

THE TOWN OF CHAPEL HILL, NORTH CAROLINA, WEDNESDAY,

SEPTEMBER 8, 1993 AT 7:30 P.M.

Mayor Broun called the continuation of the hearing to order at 7:34 p.m. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg, Barbara Powell, Alan Rimer and Arthur Werner. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller and Town Attorney Ralph Karpinos.

Mayor Broun noted that he would strictly limit each speaker to a maximum of three minutes to make their remarks to the Council. Noting that the Town's Violent Crime and Drug Abuse Program had been in place for approximately one year, Council Member Andresen encouraged all interested persons to participate in the program's many task forces and committees. Council Member Powell emphasized the importance of channeling citizen's energies into constructive programs such as the Violent Crime and Drug Abuse Program.

Bill Lindsey expressed concern that an issue was being created where none existed. He said this evening's hearing was reactionary to a recent tragic event in the community. Mr. Lindsey stated that the problem was possibly a matter of inadequate law enforcement, rather than an indication of a need for additional gun restrictions. He also said that the constitutional protections precluded making possession of firearms illegal after the fact.

Erica Rothman speaking on behalf of Peter Filene, stated that handguns in homes caused unnecessary tragedies rather than offering protection to homeowners. Ms. Rothman stated that intruders were less likely to commit violent crimes in homes where homeowners did not attempt to escalate situations by using handguns for protection. She also noted that only 2% of over 400 gunshot deaths analyzed in a recent study involved self-defense.

Deborah Reid said she had been instrumental in organizing several recent local protests against violent crime. Ms. Reid stated that significant reforms were necessary in the criminal justice and court systems. Ms. Reid added that she had been personally affected by a number of violent incidents involving her father and former husband. She expressed concern about the tendency of some judges to give lighter sentences to violent criminals. Ms. Reid encouraged the Council to support legislative removal of poorly-performing judges by forming civilian courts of justice.

Catherine Dickman said the matter of violent crime involved the issue of one person's power over another. Ms. Dickman stated that there was no effective regulation of vehicle operation relative to the use of drugs and alcohol. She also said that the vast majority of guns used in the commission of crimes were stolen weapons. Ms. Dickman urged the Council to give thoughtful consideration to the implementation of additional handgun control regulations.

Bill Meyers, a resident of Durham County, said that criminals had absolutely no regard for gun control or its attendant laws. Mr. Meyers noted that many homeowners used guns to prohibit the commission of crimes in their homes.

Marsha Gale, a member of the Fraternal Order of Police and law enforcement officer for 9 1/2 years, expressed concern that a ban on the use of handguns would be unenforcable. A copy of Ms. Gale's remarks are on file in the Town Clerk's Office.

David Patterson, a native of Orange County, said he had lived in Chapel Hill township for most of his life. Mr. Patterson expressed concern about the evolution of "anarchotyranny" wherein innocent parties bore the brunt of new laws. He added that more restrictive gun laws were not the solution to the community's crime-related problems. Mr. Patterson also said that a revolving-door criminal justice system prematurely returned criminals to the streets. He stated that the Council should lobby for tougher criminal sentences in an effort to curb violent crimes.

Bob Hendry said he had a profound sense of rage over recent community violence and the proposed implementation of additional gun control regulations. Mr. Hendry said the best defense was a strong offense. He urged the Council to rollback the Town's existing firearm ordinances. Mr. Hendry suggested that the Town require all citizens to maintain firearms in their homes and vehicles to defend themselves. He also expressed support for using public funds to construct central gun practice ranges.

Mark Penman, a resident of Carrboro, expressed concern that violent criminals were very often released from jail prior to the completion of their judicial sentences. Mr. Penman expressed concern that a number of innocent citizens had been killed during property searches by federal law enforcement officials. He stated his contention that murder and burglary rates would decline dramatically if drugs were legalized.

Dr. Fran Haga, a sociologist at NC State, said her research focused on the safe and lawful use of weapons by women as a means of self-defense. She stated that the program had offered individual training to over 160 women. Dr. Haga expressed concern that regulations to disarm the community of its weapons could result in area residents being subjected to additional crimes. She urged the Council to strengthen existing weapons laws against criminals.

Don Kasner, a resident of southern Chatham County, said the court system was in need of repair. Mr. Kasner said that the crime rate in Morton Grove, Illinois increased by 1% between 1980 and 1985 following a gun ban, while the national crime rate decreased by 18% during this time period. He stated that during the same period crime decreased by 68% in Kennesaw, Georgia, where all residents were required to purchase a handgun for their personal use. Mr. Kasner urged the Council to apply pressure to judges and legislators to institute tougher sentencing provisions for criminals.

Rhett Tabor, an airline pilot and military veteran said passage of the proposed ordinance revision would make it harder for productive members of society to protect themselves. Mr. Tabor said that 52 of the speakers at the hearing to this point opposed stricter regulations, while 19 speakers favored more stringent restrictions. He said greater energy should be expended in taking criminals off the street.

John Clancy, a graduate student at North Carolina State University, said citizens were free to do as they wished until they infringed upon the rights of others. Mr. Clancy said that criminal penalties needed to be as quick and severe as possible. He emphasized the importance of making criminals fear consequences of the judicial system.

Mark Rakes said President Thomas Jefferson wanted to be sure that people had the right to protect themselves against all aggressors. Mr. Rakes stated that criminals most feared homeowners with firearms.

Lawrence Baker said he was totally against handgun control ban measures. Mr. Baker stated that existing laws offered sufficient protections to Town residents.

Marshall Baxley, a resident of Durham County, said efforts to restrict private handgun ownership were a personal attack against individual freedoms. Mr. Baxley emphasized the importance of taking actions to reduce violent crime. Mr. Baxley said he vigorously opposed government regulation of the personal use of guns. Noting that he would not obey a handgun control regulation, Mr. Baxley stated that violent criminals needed to be more severely punished.

Doug Wilson, a Cary resident, said it was a God-given right to defend oneself. Mr. Wilson stated that violent criminal offenders, such as murderers and rapists, should be executed. He also said that the right to keep and bear arms should not be infringed upon by any unit of government. Mr. Wilson stated that the personal use of handguns was an effective deterrent against crime.

Erik Rankins said the essence of the hearing was about feeling safe and secure in one's home and community. He stated that individuals strongly favored maintaining the right to protect themselves and loved ones from harm by criminals. Mr. Rankins urged the Council to maintain existing gun regulations rather than implement new, stricter measures.

Steven Rakes, a Raleigh resident and co-worker of Kristin Lodge-Miller, urged the Council not to disgrace the memory of Ms. Miller. He emphasized the need to punish the attacker rather than disgracing the victim of the crime.

Joe Brennan, representing the North Carolina Pistol and Rifle Association, emphasized the importance of firearm safety and training and the right to keep and maintain arms. Mr. Brennan said the lawful use of guns by individuals outweigh criminality considerations. A copy of Mr. Brennan's remarks are on file in the Town Clerk's Office.

Gina Upchurch, a pharmacist and educator, said she did not own any type of gun. Ms. Upchurch said guns in the home could have the unintended effect of escalating domestic violence situations and suicide attempts in private homes. She added that the majority of burglaries were perpetrated by persons attempting to support drug habits.

Terry Wilkins, a police officer in Durham for eight years, said he faced the danger of being shot on a daily basis. Mr. Wilkins noted that in compliance with State laws, he left his weapon at his home in Durham this evening. Mr. Wilkins stated that he challenged the notion of the need for further restrictions concerning handgun possession. He expressed concern that the proposed restrictions were too broad.

Alton Rice, a local merchant, said he had recently used a weapon to protect his wife and child from a burglar at their home. He stated that the burglary suspect had been released on unsecured bond. Mr. Rice expressed concern that some residents might not have sufficient resources to protect themselves against crime and criminals.

Dr. David Sokal, a Carrboro resident, said violent criminals should not be released on unsecured bonds. He added that weapons should be kept by police departments if criminals were found guilty of the crimes with which they were charged. Dr. Sokal said he did not favor the institution of handgun control ban by the Town.

John Kessler, a Carrboro resident, said more residents of the State of Texas were murdered by firearms than perished in vehicular accidents between 1970 and 1990. Mr. Kessler expressed concern about the information presented by UNC Hospitals trauma doctors on Tuesday evening. He stated that one of the primary studies cited by the doctors had been extensively criticized for employing flawed methods.

Paul Shirley said he and his wife had been victims or attempted victims of several criminal incidents. Mr. Shirley said he and his wife were particularly aware of their surroundings in an effort to reduce the possibility of becoming crime victims in the future. He urged the Council to maintain the right of individuals to maintain guns in their homes.

Tom Stark, representing the North Carolina Sportsman Alliance, said the increased use and availability of crack cocaine appeared to correlate with higher levels of violent crime. Mr. Stark said that gun control was futile and not needed. He stated that the blanket application of police power would undermine individual civil liberties.

Stating that North Carolina already had rather strict gun control laws compared to other states, Ron Frame said he totally opposed the addition of new laws. Mr. Frame also said that states with the fewest gun control regulations averaged 2 handgun deaths per 100,000, while states with the most strict regulations had rates averaging 12 handgun deaths per 100,000. He expressed concern that new gun control laws would make law-abiding citizens less secure in their homes. Mr. Frame said the best approach was to more vigorously enforce existing laws against criminal behavior. He urged the Council to hold a series of meetings with citizens to brainstorm about ways to reduce the incidence of violent crime.

William Smitha, a resident of Franklinton, said gun control was based on theory of disarming victims. Mr. Smith said that firearms-related deaths ranked tenth in the causes of death in the nation. Mr. Smith noted that the proposed handgun control regulations pertained only to small, readily concealable guns.

Dr. Dana Windhorst said he had worked in emergency medicine for a number of years. Dr. Windhorst also said he had some experience in the treatment of gunshot wounds. He stated that the presentation by doctors at Tuesday evening's hearing had not established a causal relationship between the implementation of tougher gun control restrictions and reduced incidence of gun-related deaths and injuries. Dr. Windhorst said that the Centers for Disease Control had attributed a small reduction in crime to mandatory criminal sentencing laws. He added that a number of recent studies had found that victim disarmament laws did not work effectively. Dr. Windhorst said the greatest potential crime deterrent was criminal's perceived threat that victims would use guns for self-defense purposes. He urged the Council to err on the side of individual rights in considering measures to reduce violent crime. Dr. Windhorst also suggested that the Council lobby the State legislature to pass laws similar to those instituted in the State of Florida, emphasizing the individual's right to keep and bear arms and the importance of firearms safety courses.

Mildred Council, a Town resident for over 50 years, said individual should continue to have the right to possess guns as a means of self-protection. Ms. Council expressed concern about the number of illegal weapons in the community possessed by criminals. She stated that it would be very difficult to take guns away from law-abiding citizens when criminals possessed much more dangerous weapons.

Rusty Wright, a Wake County resident, said the issue before the Council was one of vital importance. He stated that those eager to usurp individual rights needed to reexamine the Constitution. Mr. Wright said that well-educated, wise and informed citizens would vote for candidates dedicated to the maintenance of individual rights.

Mayor Broun inquired when the staff could prepare a follow-up report for the Council's consideration. Mr. Horton said a follow-up report could be completed by the second regular meeting in October. He suggested that the Council consider holding another public hearing before taking action on the matter.

Council Member Andresen said she was interested in pursuing increased penalties for gun-related offenses. Mayor Broun noted that there were committees of the Violent Crime and Drug Abuse Program currently addressing some of these matters. He added that the committees would report back to the Council in the near future. Council Member Rimer emphasized the importance of encouraging community residents to help and participate with committees of the Violent Crime and Drug Abuse Program. He suggested that staff provide the Council with a profile and update of the committee's strengths.

Council Member Capowski requested that the staff's follow-up report contain recommendations on possible improvements to the criminal justice system. He also requested that the staff's report contain information on the concealment of weapons in vehicles and the application of possible handgun control regulations on the University campus.

Noting that all persons had the potential for good and bad impulses, Council Member Andresen emphasized the importance of taking steps to reduce the emphasis placed on violence so individuals could positively effect the quality of life for children.

Council Member Powell inquired about regulations pertaining to the carrying of concealed weapons by off-duty law enforcement officers outside of their own jurisdictions. Mr. Karpinos said the handling of this situation was dependent on the policies of individual police departments.

Council Member Brown requested that the committees of the Violent Crime and Drug Abuse Program report to the Council on their activities. Mayor Broun said the staff's recommendations could be given to applicable committees of the task force for their suggestions.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY FOR A FOLLOW-UP REPORT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The hearing concluded at 9:36 p.m.