Going armed to the terror of the people common law staute in North Carolina

[LAR-15]

http://www.guncite.com/court/state/25nc418.html

Here is the court case from 1843 outlining the offence of 'going armed to the terror of the people' in North Carolina.

Note this section of the judgement:

"....But although a gun is an "unusual weapon," it is to be remembered that the carrying of a gun, per se, constitutes no (p.423)offence. For any lawful purpose--either of business or amusement--the citizen is at perfect liberty to carry his gun. It is the wicked purpose, and the mischievous result, which essentially constitute the crime. He shall not carry about this or any other weapon of death to terrify and alarm, and in such manner as naturally will terrify and alarm a peaceful people........."

The mere 'carrying' or 'wearing' of a gun consitutes no offence according to the court. This is still the law today.

 

[TexasRifleman]

and in such manner as naturally will terrify and alarm a peaceful people........."

Which means anytime the sheeple see one.......

 

[FieroCDSP]

He shall not carry about this or any other weapon of death to terrify and alarm, and in such manner as naturally will terrify and alarm a peaceful people.

Yeah, but in today's society, it is considered alarming and terrifying to see any person open-carrying. Therefore the last portion of that takes effect. I don't know exactly how to feel about this ruling. It seems it was worded with the people in mind, and that makes it fairly unique. It changes with the people's mindset. A hundred years ago, open carry was the norm and this applied to someone getting drunk and waving his gun around. Unfortunately now-adays, this could be used if you even carry the gun in public. A double edged sword, it would seem.

 

[LAR-15]

Sorry but there has been no case in NC where somone was arrested and charged under this common law staute for merely carrying a pistol on his or her person that anybody can cite.

The mere open carrying of a pistol (say in a holster) does not violate this staute.

"It is the wicked purpose, and the mischievous result, which essentially constitute the crime...."

Same goes for 'long guns'. Ever carried a shotgun hunting?

It could violate local laws that prohibit the 'open display' of firearms.

 

[TexasRifleman]

Sorry but there has been no case in NC where somone was arrested and charged under this common law staute for merely carrying a pistol on his or her person that anybody can cite.

Don't be sorry, I'm glad to hear it.

I'm just playing devil's advocate. Seems like these days a law has to be written with every possible scenario spelled out rather than common sense language.

Here in Texas we're having a problem with a law passed last year that any reasonable person would read as allowing law abiding citizens to carry concealed in their own vehicle, but District Attorneys are ignoring the law and in some cases advising Law Enforcement to arrest anyway. Legislators are having to reintroduce "clarifying" language to something that's already crystal clear. Ugh.

 

[LawBot5000]

Seems like he actually got into a fight with someone and presented his weapon along with a declaration that he was going to kill someone. This is more like modern brandishing or assault with a deadly weapon.

The jurors for the State upon their oath present, that Robert S. Huntly, late of the county aforesaid, laborer, on the first day of September, in the present year, with force and arms, at and in the county aforesaid, did arm himself with pistols, guns, knives and other dangerous and unusual weapons, and, being so armed, did go forth and exhibit himself openly, both in the day time and in the night, to the good citizens of Anson aforesaid, and in the said highway and before the citizens aforesaid, did openly and publicly declare a purpose and intent, one James H. Ratcliff and other good citizens of the State, then and there being in the peace of God and of the State, to beat, wound, kill and murder, which said purpose and intent, the said Robert S. Huntley, so openly armed and exposed and declaring, then and there had and entertained, by which said arming, exposure, exhibition and declarations of the said Robert S. Huntley, divers good citizens of the State were terrified, and the [**2] peace of the State endangered, to the evil example of all others in like cases offending, to the terror of the people, and against the peace and dignity of the State.

State v. Huntly, 25 N.C. 418 (N.C. 1843)

 

[Aguila Blanca]

Seems like he actually got into a fight with someone and presented his weapon along with a declaration that he was going to kill someone. This is more like modern brandishing or assault with a deadly weapon.

Is it just me, or has anyone else noticed an increase in the number of people on THIS forum who equate open carry (or even momentarily allowing a concealed weapon to be exposed) with "brandishing"? I must have studied a different dialect of English, because to me "brandishing" essentially means holding [the object] in your hand and waving it around in an agitated fashion.

 

[44Brent]

This notion of openly carrying a pistol in a holster violates a common law of "going armed to the terror of the people" is FALSE. This has been perpetuated all over the place, including gun rights web sites.

I took a class with an instructor for the state police and asked him about this. He teaches the state police that open carry is LEGAL. He said the last time this was enforced was against the Ku Klux Klan about 11 years ago when they were riding around with hoods armed with shotguns. You have to actually being actively threatening people before this statute kicks in.

I have openly carried through North Carolina and once encountered a police officer who remarked that I had a nice gun. I didn't get hauled off to jail.

Now there IS a problem with local ordinances. Even though there is a state-level pre-emption law, it is full of holes and quite murky. There are a few cities which ban open carry and it is possible that they might hold up in court. Cary and Chapel Hill are the known problem cities with these ordinances.

 

[LAR-15]

The only time one might charged under this staute by just carrying a firearm is if one is a known criminal or troublemaker who has a past history of violence or using guns illegally.

In which case you have a bad reputation in the community and people know you having a gun is BAD.

 

[DMK]

Sorry but there has been no case in NC where somone was arrested and charged under this common law staute for merely carrying a pistol on his or her person that anybody can cite.

I am personally aware of a case here where a person was aggressive, belligerent and armed with a handgun, open carry. 911 was called, the deputy defused the situation, and diplomatically informed the person that he was in fact terrifying people and that he should move along. The guy left, problem solved. No arrest was made.

 

[random_gun]

I just find a case where some is charged with the misdemeanor Going Armed to the Terror of the People...

From the news I don't see how he threatened anyone with a firearm(actually a BB pistol)....

 

[Owen Sparks]

Is this refering to brandishment or implied threats?

A holstered pistol in and of itself is not a threat.

 

[tyeo098]

Being charged and being convicted are different.
They can charge you with whatever they want

 

[theCan]

I've been charged with this crime for the OC of a long arm on a sidewalk. God bless America.