The Second Amendment to The United States Constitution was ratified on December 15, 1791, as a part of the United States Bill of Rights.  The Second Amendment protects an individual’s right to possess and carry firearms and states “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

Two landmark decisions were made by The United States Supreme Court, establishing this interpretation of the Second Amendment. In the first case, District of Columbia v. Heller (2008), the Court ruled that the Second Amendment protects an individual’s right to possess a firearm, unconnected to service in a militia and to use that arm for traditionally lawful purposes, such as self-defense within the home. In the second case, McDonald v. Chicago (2010), the Court ruled that the Second Amendment limits state and local governments to the same extent that it limits the federal government.

In light of recent tragedies involving gun violence, gun control has moved to the forefront of debate. Some of the North Carolina firearms laws are outlined below and both the North Carolina and Federal laws as they are currently written are outlined in detail by the North Carolina Department of Justice

Requirements for the purchase of firearms in North Carolina:

-When a person desires to purchase a handgun from a federally- licensed dealer, the person needs to present a valid permit to purchase a handgun or valid North Carolina issued concealed carry permit.

-Under North Carolina law, it is unlawful for any person, firm, or corporation to sell, give away, transfer, purchase or receive at any place in the state, any pistol, unless the purchaser or receiver has first obtained a license or permit to receive such pistol by the Sheriff of the county where the purchaser or receiver resides, or the purchaser or receiver possesses a valid North Carolina concealed carry permit.§ 14-402(a)

Who Is Not Eligible for a Permit?

-Under North Carolina General Statute § 14-404, you are not eligible if one of more of the following apply:

(1)        One who is under an indictment or information for or has been convicted in any state, or in any court of the United States, of a felony (other than an offense pertaining to antitrust violations, unfair trade practices, or restraints of trade). However, a person who has been convicted of a felony in a court of any state or in a court of the United States and (i) who is later pardoned, or (ii) whose firearms rights have been restored pursuant to G.S. 14-415.4, may obtain a permit, if the purchase or receipt of a pistol permitted in this Article does not violate a condition of the pardon or restoration of firearms rights.
(2)        One who is a fugitive from justice.
(3)        One who is an unlawful user of or addicted to marijuana or any depressant, stimulant, or narcotic drug (as defined in 21 U.S.C. § 802).
(4)        One who has been adjudicated mentally incompetent or has been committed to any mental institution.
(5)        One who is an alien illegally or unlawfully in the United States.
(6)        One who has been discharged from the Armed Forces of the United States under dishonorable conditions.
(7)        One who, having been a citizen of the United States, has renounced his or her citizenship.
(8)        One who is subject to a court order that:
a.         Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;
b.         Restrains the person from harassing, stalking, or threatening an intimate partner of the person or child of the intimate partner of the person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
c.         Includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child; or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury.

By Lauren Seidel, Paralegal

A visit to an auto repair shop can be intimidating. Especially when you need work done on your car and you aren’t sure what exactly needs to be done or how much it is going to cost. In order to avoid an unpleasant experience, it’s always a good idea to ask friends and family to refer you to a mechanic they have used and trust. Check to see that the mechanic is ASE (National Institute for Automotive Excellence) certified and that a sign is posted explaining your rights under the North Carolina law. Familiarizing yourself with the North Carolina Motor Vehicle Repair Act in advance may also help to avoid problems with a shop after work has been done on your car.

North Carolina’s Motor Vehicle Repair Act (G.S. 20-354) protects consumers when auto repairs cost more than $350. Here’s how the law works:

•    The repair shop should give you a written estimate and ask you to sign an authorization for the repair. If the car is dropped off by someone else or at a time when the shop is closed, the estimate and authorization can be agreed to orally.
•    When you authorize the repair, you have the right to request that you get back or examine any of your car’s old parts.
•    The repair shop must notify you of any storage charges you’ll owe if you don’t pick up the car once the repair is completed.
•    The repair shop may not exceed the cost you authorized by more than 10 percent without first getting your permission.
•    If the problem is unknown, the repair shop must tell you how much it will cost to diagnose the problem. Once they’ve diagnosed the problem, the shop must contact you with an estimate and to get authorization to do the work.
•    The repair shop must provide you with a detailed invoice that itemizes charges for labor and parts and identifies all parts as new, used, or reconditioned.
•    Keep in mind that repair shops have flexibility in marking up the charge for parts and that you must pay for authorized repairs even if they do not solve the problem.
•    The Motor Vehicle Repair Act does not apply if your insurance company is paying for the repairs, or to agricultural equipment and vehicles weighing more than 26,000 pounds.

Knowing your rights under the Motor Vehicle Repair Act may help avoid a headache during or after a future trip to the mechanic. If you feel as if your rights under this act have been violated by a mechanic or auto repair shop, or if you have legal concerns about any area of law in which we practice, contact us at (910) 793-9000(910) 793-9000 for a confidential legal consultation.

By Lauren Seidel, Paralegal

The holiday season is in full swing and so is the North Carolina “Booze It & Lose It” Campaign, created by State Transportation Secretary Gene Conti in an effort to remove impaired drivers from the road and keep our citizens safe. Checkpoints and increased patrol began on December 6th and will continue through January 2, 2013, to help reduce the rising number of alcohol related crashes, injuries and fatalities state wide.

Driving while under the influence is a violation of North Carolina General Statute § 20-138.1

N.C.G.S. § 20-138.1.  Impaired driving.
(a)        Offense. – A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1)        While under the influence of an impairing substance; or
(2)        After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person’s alcohol concentration; or
(3)        With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.
(a1)      A person who has submitted to a chemical analysis of a blood sample, pursuant to G.S. 20-139.1(d), may use the result in rebuttal as evidence that the person did not have, at a relevant time after driving, an alcohol concentration of 0.08 or more.

Last year, 3,600 North Carolina Drivers were charged with DUI / DWI during the month long holiday campaign and that number is expected to increase this year. Not only does drinking and driving put you at risk of getting arrested at a checkpoint or during a traffic stop, it puts your life and the lives of others in danger.  In fact, drunk drivers with a blood alcohol concentration (BAC) of 0.08, the legal limit, are 11 times more likely than a sober driver to be in a motor vehicle accident. This likelihood increases with the increase of the BAC level.  With odds like that, why risk it?

In 2011, there were more than 950 alcohol related crashes in North Carolina during the “Booze It & Lose It” Campaign spanning from December 3rd – January 3rd. Those 950 crashes resulted in 44 fatalities and 702 injuries- some of which were innocent victims and not the drunk driver themselves.

If you find yourself questioning weather you had too much eggnog at your office holiday party, don’t risk getting arrested or worse, endangering your life or the lives of others. Play it safe and call a cab or have a sober friend take you home.  If you or someone you know have any legal needs this holiday season call Collins Law Firm at (910) 793- 9000(910) 793- 9000.

By Lauren Seidel, Paralegal

Over the past twenty years, cell phones have become an essential part of day to day life for many Americans. Cell phones continue to provide us with the convenience to communicate while on the go, comfort in knowing we have a way to call for help in case of an emergency, and access to music, games and entertainment.  Cell phones can make life easier, but when used irresponsibly, can have disastrous consequences.

Answering a text takes away your attention for about five second. That is enough time to travel the length of a football field. We know it is dangerous, but many of us continue to send or receive text messages while driving thinking that nothing will happen to them. But according to the National Highway Traffic Safety Administration, text messaging while driving makes a car crash 23 times more likely and 1.3 million auto collisions involved cell phones last year.

Unfortunately, about 6,000 deaths and about 500,000 injuries are caused by distracted drivers every year.  In response to the rapid increase in texting while driving fatalities, 39 states, including North Carolina have passed laws prohibiting all drivers from texting while driving. Texting while driving is a violation of the North Carolina General Statute §20-137.4A.

N.C.G.S. §20-137.4A Unlawful use of mobile telephone for text messaging or electronic mail
(a) Offense. – It shall be unlawful for any person to operate a vehicle on a public street or highway or public vehicular area while using a mobile telephone to:
(1) Manually enter multiple letters or text in the device as a means of communicating with another person; or
(2) Read any electronic mail or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored in the device nor to any caller identification information.
(b) Exceptions. – The provisions of this section shall not apply to:
(1) The operator of a vehicle that is lawfully parked or stopped.
(2) Any of the following while in the performance of their official duties: a law enforcement officer; a member of a fire department; or the operator of a public or private ambulance.
(3) The use of factory-installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system.
(4) The use of voice operated technology.
(c) Penalty. – A violation of this section while operating a school bus, as defined in G.S. 20-137.4(a)(4), shall be a Class 2 misdemeanor and shall be punishable by a fine of not less than one hundred dollars ($100.00). Any other violation of this section shall be an infraction and shall be punishable by a fine of one hundred dollars ($100.00) and the costs of court.

A texting while driving charge will not cause you to receive any drivers license points or insurance surcharges, however the charge will appear on your North Carolina DMV record unless you are able to have the charge dismissed. If you or someone you know has received a ticket for texting while driving, call Collins Law Firm for a free consultation at 910-793-9000910-793-9000.

By Lauren Seidel, Paralegal

The first Thanksgiving was celebrated in 1621 to commemorate a bountiful harvest in the Plymouth Colony. Americans have kept that tradition alive throughout the years, gathering with friends and family on the fourth Thursday of November to eat, drink, watch football, and of course, stay up all night to get the best deals on holiday shopping. While the meaning behind this holiday has remained the same over the years- to celebrate the things we have to be thankful for- the Colonists and Native Americans did not encounter two issues that Thanksgiving and the holiday season bring us today- an increase in traffic and an increase in drinking and driving.

According to AAA, this turkey day is going to be a busy one for travel.  More than 43 million Americans will travel at least 50 miles over the Thanksgiving holiday period and 90% of travelers will be driving to their Thanksgiving destination. That means congested highways, frustrated drivers, and vigilant law enforcement.

Help ease your travel woes this Thanksgiving by following a few simple guidelines:
•    Considering traveling on a less busy travel day-the Wednesday before and the Sunday after Thanksgiving are the two worst.
•     Don’t give into the temptation to speed. It won’t get you there much faster and it can lead to a ticket or worse, a collision.
•    Wear your seat belt: Police will also be looking for seat belt violators and wearing your seat belt during an accident may mean the difference between life and death.
•    Don’t text and drive. Taking your eyes off the road for just a second or two can have tragic consequences.
•    Understand that traffic will be heavy and don’t let your frustrations tempt you to take chances. Keep your family’s safety your number one priority.

The night before Thanksgiving is also one of the busiest bar nights of the year, combined with the high number of travelers on the road, can have tragic consequences. This may be why Thanksgiving has the most drunk driving related fatalities of any other holiday. Law enforcement will be on high alert, in an effort to keep citizens safe.  Don’t put yourself at risk of getting a DUI/DWI or worse, harming yourself or others in an alcohol related accident.

Go ahead and stuff yourself with turkey and pumpkin pie, have a few drinks and be merry. But please, take your time in the holiday traffic and if you drink, don’t drive- take a cab or have a designated driver. Remember, if you do receive a traffic ticket, get into a fender bender, serious accident, or receive a DUI/DWI this holiday season, call us at (910) 793-9000(910) 793-9000. Stay safe Wilmington!

By Lauren Seidel, Paralegal

In an effort to increase the safety of our children, the North Carolina Highway Patrol launched Operation Stop Arm week yesterday, October 15, 2012 at 6:00 a.m. and will go through the end of school Friday, October 19, 2012.  They will enforce stop arm violations and other traffic violations in and around school zones aggressively.

Troopers will be observing drivers in school zones and following school busses in marked and unmarked cars statewide during this week.

Keep in mind what you are and are not allowed to do with respect to a stopped school bus:

•    Two-lane road – Everyone must stop
•    Four-lane road with no separation – Everyone must stop
•    Four-lane or more with a median or some physical barrier – Only traffic following the bus must stop
•    Center turn lane with less than four lanes – Everyone must stop
•    Center turn lane with at least four other lanes – Only traffic following the bus must stop

Passing a stopped school bus is a Class 1 misdemeanor.  The maximum punishment for a Class 1 misdemeanor conviction is 120 days prison/jail time.   In addition, upon conviction of passing a stopped school bus one receives five driving points on their North Carolina driver’s license and is subject to fines up to $200.   Furthermore, if—while passing a stopped school bus—one strikes an individual, one faces a maximum punishment of 15 months jail/prison time, because this is a Class I Felony.  If—while passing a stopped school bus and striking an individual—one causes a death, one faces a maximum punishment of 30 months jail/prison time, because this is a Class H felony.

Collins Law Firm has handled thousands of traffic tickets for our clients and, in most cases, we were able to avoid suspensions.  Furthermore, for most simple tickets (speeding violations, passing stopped school bus, illegal passing, etc.), our clients do not even need to go to court. We offer free phone consultations for most traffic matters. If you need advice or information about representation for a traffic violation or in a hearing regarding a scheduled suspension of your North Carolina driver’s license, call us at: 910-793-9000.

By Jana Collins, Office Manager

Traffic tickets can cause you a lot of headache.  Not just can traffic tickets – if not handled properly –  be very expensive, they can also cause you to loose your drivers license for up to 12 months without a preliminary hearing.

1) Pursuant to N.C.G.S. §20-16 (a)(5) the Division of Motor Vehicle (hereinafter (DMV) shall have authority to suspend your license, if you, accumulated 12 or more points within a three-year period , or eight or more points in the three-year period immediately following the reinstatement of a license which has been suspended or revoked because of a conviction for one or more traffic offenses.  Pursuant to N.C.G.S. §20-16 (c) DMV shall maintain a record of convictions of every person licensed or required to be licensed under N.C.G.S. Chapter 20, Article 2.  And, all convictions of any motor vehicle laws of North Carolina shall be entered into these records and DMV shall assign for every such conviction a number of points in accordance with the following schedule:

Schedule of Point Values
Passing stopped school bus………………………………………………………………………………………..5
Aggressive driving……………………………………………………………………………………………………5
Reckless driving……………………………………………………………………………………………………… 4
Hit and run, property damage only………………………………………………………………………………4
Following too closely………………………………………………………………………………………………..4
Driving on wrong side of road……………………………………………………………………………………4
Illegal passing…………………………………………………………………………………………………………..4
Failure to yield right-of-way to pedestrian pursuant to G.S. 20-158(b)(2)b……………………….4
Failure to yield right-of-way to bicycle,motor scooter, or motorcycle………………………………4
Running through stop sign………………………………………………………………………………………….3
Speeding in excess of 55 miles per hour……………………………………………………………………….3
Failing to yield right-of-way……………………………………………………………………………………….3
Running through red light…………………………………………………………………………………………..3
No driver’s license or license expired more than one year……………………………………………….3
Failure to stop for siren………………………………………………………………………………………………3
Driving through safety zone………………………………………………………………………………………..3
No liability insurance…………………………………………………………………………………………………3
Failure to report accident where such report is required………………………………………………….3
Speeding in a school zone in excess of the posted school zone speed limit……………………….3
Failure to properly restrain a child in a restraint or seat belt…………………………………………….2
All other moving violations…………………………………………………………………………………………2
Littering pursuant to G.S. 14-399 when the littering involves the use of a motor vehicle…….1

Schedule of Point Values for Violations While Operating a Commercial Motor Vehicle
Passing stopped school bus………………………………………………………………………………………….8
Rail-highway crossing violation……………………………………………………………………………………6
Careless and reckless driving in violation of G.S. 20-140(f)…………………………………………….6
Speeding in violation of G.S. 20-141(j3)……………………………………………………………………….6
Aggressive driving……………………………………………………………………………………………………..6
Reckless driving…………………………………………………………………………………………………………5
Hit and run, property damage only………………………………………………………………………………..5
Following too closely………………………………………………………………………………………………….5
Driving on wrong side of road………………………………………………………………………………………5
Illegal passing…………………………………………………………………………………………………………….5
Failure to yield right-of-way to pedestrian pursuant to G.S. 20-158(b)(2)b…………………………5
Failure to yield right-of-way to bicycle, motor scooter, or motorcycle……………………………….5
Running through stop sign……………………………………………………………………………………………4
Speeding in excess of 55 miles per hour…………………………………………………………………………4
Failing to yield right-of-way…………………………………………………………………………………………4
Running through red light…………………………………………………………………………………………….4
No driver’s license or license expired more than one year…………………………………………………4
Failure to stop for siren………………………………………………………………………………………………..4
Driving through safety zone………………………………………………………………………………………….4
No liability insurance…………………………………………………………………………………………………..4
Failure to report accident where such report is required……………………………………………………4
Speeding in a school zone in excess of the posted school zone speed limit…………………………4
Possessing alcoholic beverages in the passenger area of a commercial motor vehicle…………..4
All other moving violations…………………………………………………………………………………………..3
Littering pursuant to G.S. 14-399 when the littering involves the use of a motor vehicle………1

2) Pursuant to N.C.G.S. §20-16 (a)(6) DMV shall have authority to suspend your license, if you made or permitted an unlawful or fraudulent use your license or learner’s permit, or you have displayed or represented as your own, a license or learner’s permit not issued to you.

3) Pursuant to N.C.G.S. §20-16 (a)(7) DMV shall have authority to suspend your license, if you committed an offense in another state, which if committed in this State would be grounds for suspension or revocation.

4) Pursuant to N.C.G.S. §20-16 (a)(8) DMV shall have authority to suspend your license, if you have been convicted of illegal transportation of alcoholic beverages.

5) Pursuant to N.C.G.S. §20-16 (a)(8a) DMV shall have authority to suspend your license, if you have been convicted of impaired instruction under G.S. 20-12.1.

6) Pursuant to N.C.G.S. §20-16 (a)(8b) DMV shall have authority to suspend your license, if you have violated on a military installation a regulation of that installation prohibiting conduct substantially similar to conduct that constitutes impaired driving under G.S. 20-138.1 and, as a result of that violation, has had his privilege to drive on that installation revoked or suspended after an administrative hearing authorized by the commanding officer of the installation and that commanding officer has general court martial jurisdiction.

7) Pursuant to N.C.G.S. §20-16 (a)(9) DMV shall have authority to suspend your license, if you have, within a period of 12 months, been convicted of (i) two or more charges of speeding in excess of 55 and not more than 80 miles per hour, (ii) one or more charges of reckless driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour, or (iii) one or more charges of aggressive driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour.

8)  Pursuant to N.C.G.S. §20-16 (a)(10) DMV shall have authority to suspend your license, if you have been convicted of operating a motor vehicle at a speed in excess of 75 miles per hour on a public road or highway where the maximum speed is less than 70 miles per hour.

9) Pursuant to N.C.G.S. §20-16 (a)(10a) DMV shall have authority to suspend your license, if you have been convicted of operating a motor vehicle at a speed in excess of 80 miles per hour on a public highway where the maximum speed is 70 miles per hour; or

10) Pursuant to N.C.G.S. §20-16 (a)(10a) DMV shall have authority to suspend your license, if you have been sentenced by a court of record and all or a part of the sentence has been suspended and a condition of suspension of the sentence is that the operator not operate a motor vehicle for a period of time.

However, pursuant to N.C.G.S. §20-16 (d) DMV shall immediately notify the you in writing and upon your request shall afford you an opportunity for a hearing, not to exceed 60 days after receipt of the request.  Such notice goes to the address DMV have on record for you.  This notice includes the reason for your suspension and the date for which your suspension is scheduled to go into effect.  Prior to the effective date of your suspension, you can request a hearing.  Such request causes you to retain your license unless it is revoked under some other provision of the law, until the hearing is held, you withdraw your request, or you fail to appear at a scheduled hearing, N.C.G.S. §20-16 (a).

Collins Law Firm has handled thousands of traffic tickets for our clients, and in most cases we were able to avoid suspensions.  Furthermore, for most simple tickets (speeding violations, passing stopped school bus, illegal passing, etc.), our clients do not even need to go to court. We offer free phone consultations for most traffic matters. If you need advice or information about representation for a traffic violation or in a hearing regarding a scheduled suspension, call us at: 910-793-9000910-793-9000 .

By Jana Collins, Office Manager

Filing a claim for unemployment requires contacting the North Carolina’s Employment Security Commission (ESC). The benefits you may qualify for depends on how long the employee was employed and how much they were paid.  Unemployment benefits usually range from $41 to $476 a week. To be qualified, an employee must have been separated from their job through no fault of their own and have worked for at least two of the first four quarters of the last five calendar quarters. Additionally, unemployed claimant must be actively engaged in looking for new employment. Employers must pay for a portion of an employee’s unemployment.  When determining if an employee is eligible to receive unemployment, the ESC contacts the former employer to determine why an employee lost their job. While layoffs are usually straightforward, disputes often arise when there is disagreement over whether an employee was fired for misconduct, forced to resign, or suffered some sort of retaliation from their employer.

Willful Misconduct in Unemployment Claims

In general, terminated employees are eligible for unemployment benefits, but not when willful misconduct on the part of the former employee lead to their being fired. What actually constitutes “willful misconduct,” however, can be contested.

Unemployment Claims Hearings

If a former employee is determined to be ineligible for unemployment benefits in the initial decision, they can appeal. A hearing, either live or by telephone, will be scheduled before a Referee to determine whether or not a former employee should receive benefits. Subpoenas can be issued for witnesses and evidence may be presented to support a claim that discrimination or retaliation was involved in the decision to fire the employee. Employers can also be liable for wrongful termination and may find themselves facing civil litigation and an investigation by the Equal Employment Opportunity Commission (EEOC).

Collins Law Firm can review a claimant’s case in order to form an opinion about whether the decision of the ESC is justified given the circumstances surrounding an employee leaving a job. We can advocate our client’s position by providing documentation that supports the claim and increase the likelihood of prevailing.   If you wish to have a confidential consultation, call us at 910-793-9000.

On July 4, 2012, we will celebrate the 236th anniversary of the Declaration of Independence from the Kingdom of Great Britain.  Many Americans consume alcohol during this celebration.

While enjoying good times with friends and family we may not forget the tragic and sobering consequences that can result by driving while impaired.

To deter drunk drivers across the entire state and remove impaired drivers from the roads, local law enforcement agencies from across the state will join the Governor’s Highway Safety Program “Booze It & Lose It: Operation Firecracker” which began Friday, June 29, and continues through Sunday, July 8.  Law enforcement agencies will increase their presence at the beaches in Pender, New Hanover, and Brunswick Counties.  This will effect Surf City, Topsail Beach, Wrightsville Beach, Kure Beach, Carolina Beach, Holden Beach, Ocean Isle Beach, and Sunset Beach.

Collins Law Firm always urges people not to drive while impaired.  If you consume alcohol, we encourage you to have a designated driver or to take a taxi home.  However, if you are charged with a DWI/DUI, underage drinking, or any other crime in or around Wilmington, NC in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC) and need a lawyer or attorney to represent you, call Collins Law Firm at: 910-793-9000910-793-9000 for a confidential consultation.

By Jana Collins, Office Manager

As the first Opening Day in 33 years without a Kinston, N.C., franchise in the Carolina League approaches, another longtime league member may also be on the way out.

The Lynchburg Hillcats, based in Lynchburg Virginia, which have been a part of the Carolina League since 1966, may be moving to Wilmington, N.C.  The Lynchburg metro area had a population of around 245,000 in 2010, compared to Wilmington’s approximate 360,000.

The Hillcats’ owners have reached a tentative agreement to sell the franchise to a joint partnership with the Atlanta Braves and Mandalay Baseball Properties. It may be possible that the move could be completed for an opening game for the 2014 season.  The biggest hurdle for the deal to be completed is construction of a baseball stadium in New Hanover County. The sale is contingent on the new park being built, and at this point the city of Wilmington does not know where the park would be or how it will be financed.  Mandalay Baseball CEO Art Matin said that without significant public financing, the deal won’t happen.

In February, 2012, the Wilmington, NC, city council unanimously approved to study the proposal. Proponents believe that the proposed stadium will bring significant increases to our local tourism industry. They say that it would be the area’s largest attraction adding that fans will come from outside the county bringing with them their money to spend boosting the area economy.

Wilmington’s mayor Bill Saffo has said that a new ballpark would require support from local residents.  Opponents of public financing for the stadium have circulated a petition to require a referendum on using public money for the project.

As of May, 2012 support for minor league baseball in Wilmington has grown.  Jim Hundley, Jr. is president of the Wilmington Ballpark Coalition  which was recently formed and he says his groups’ membership has steadily grown. He recently said that they currently have more than 60 members, and that they are expecting to grow to over 100 members very soon.  Hundley has told members he believes the project will provide a big boost to future economic development, citing as an example Durham, NC which experienced  $900 million growth in private and public investments after their stadium was constructed in the late 90s.

The Wilmington Area Hospitality Association which represents hotels, restaurants, and other local businesses conducted an online survey regarding the proposed baseball stadium in downtown Wilmington, and they reported that over 95 percent of its members said they supported the project.

On Wednesday, May 9, the City of Wilmington held its second public information meeting about bringing minor league baseball to New Hanover County, and turnout by the public was low.

There were more city staff members and members of local media than citizens at the meeting.  The meeting was an opportunity for the public to give input about where to build the stadium and if there is support for a tax increase to help fund the project. Issues such as costs, infrastructure requirements, and operating costs were addressed. Maybe the lack of public attention indicates a waning of opposition of the project.  The opponents had been very vocal in the past.  There is supposed to be another survey on the issue released on Friday.  In June, the project’s management group plans to present a feasibility study to the city council on potential locations and financing options for the stadium.