Open carry in North Carolina?
- Thread starter LAR-15
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ChristopherG
Member
Yes--though this law is written so subjectively that it can be enforced any way police find convenient. Usually, it is a charge tagged on to others, when a defendent is armed. However, unless I was very confident of where I was going and who I was going to be seen by, I would not open carry in NC, because if someone is frightened by my armed condition and calls the cops, and things go less than swimmingly with the cops, then this law is right handy, waiting to be slapped against you.
In short, open carry is not a protected practice in NC, and this law is the legal way to say that.
In short, open carry is not a protected practice in NC, and this law is the legal way to say that.
I did it a few times when I lived in NC , back in the late 80's. I was heading to the railroad tracks where I used to shoot and had to walk down my street several hundred yards with my revolver out in the open in a holster.
There was someone walking the tracks once when I was "wearing" my 357 , he looked at it and looked again and again!
He seemed to be quite disturbed at the fact that I had a gun!At the time it would have been illegal for me to carry a handgun concealed without a permit. Not sure if NC even had carry permits back then.
Anyway the only time I carried openly was to walk down the steet to go shooting. I later joined a range and abandoned my railroad track "range". As far as carrying openly in a public area with a lot people around , that is something I never did.
Malum Prohibitum
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You can be arrested for being a smart aleck, too, but that does not mean it will stick. Unless someone posts an appellate case supporitng their position, I would not be too quick to simply accept the proposition that a gun in a holster carried peacefully is a crime in NC.
"going armed to the terror of the people" must have a reasonableness component, viewed on an objective, not a subjective basis.
With that having been said, I have performed no research on the subject, but I have performed enough research on other states (like louisiana and Colorado) to dispel similar internet rumors that people just accepted as the law.
It is highly unlikely that peaceful carry in a holster satisifies the elements of this crime.
"going armed to the terror of the people" must have a reasonableness component, viewed on an objective, not a subjective basis.
With that having been said, I have performed no research on the subject, but I have performed enough research on other states (like louisiana and Colorado) to dispel similar internet rumors that people just accepted as the law.
It is highly unlikely that peaceful carry in a holster satisifies the elements of this crime.
benEzra
Moderator Emeritus
Yes. Whether or not you would be depends greatly on where you are and who else is around, but it's definitely rather risky from a legal standpoint unless you're somewhere rural or where guns are accepted as normal. I would definitely not open carry in an urban or suburban area these days.
My guess is that that law dates to the early days of the Klan, and at the time everyone knew what it meant -- parading around with guns to frighten people into submission.
It's interesting how laws that seem to be obvious in meaning at one time, can be changed in their meaning without being changed in fact.
That's something to think about when voting or supporting new or reworded laws.
It's interesting how laws that seem to be obvious in meaning at one time, can be changed in their meaning without being changed in fact.
That's something to think about when voting or supporting new or reworded laws.
KINGMAX
Member
That is a good question
I live in NC. I carry in my truck most of the time. I will place my gun either on my dash board, or stuck in the seat beside my leg. On three occasions I have been stopped while carrying. Once at a traffic stop, (NC State Patrolman), once when involved in an accident, (raleigh city police) my pistol was on the passenger seat, and once stopped for a inspection sticker, (raleigh city police) pistol was stuck in the seat beside me, nothing has ever been said. When stopped - I clearly indicate that I do have a firearm and the location. I have had no problem up to this point.
I do not carry open into public buildings.
I live in NC. I carry in my truck most of the time. I will place my gun either on my dash board, or stuck in the seat beside my leg. On three occasions I have been stopped while carrying. Once at a traffic stop, (NC State Patrolman), once when involved in an accident, (raleigh city police) my pistol was on the passenger seat, and once stopped for a inspection sticker, (raleigh city police) pistol was stuck in the seat beside me, nothing has ever been said. When stopped - I clearly indicate that I do have a firearm and the location. I have had no problem up to this point.
I do not carry open into public buildings.
In NC it's illegal to carry in any state bldg except rest stops.
I know local cities and towns in NC can enact weapon display bans too.
But that covers any type of carry, not just open and it doesn't have anything to do with 'armed to the terror of the people' common law offense
I know local cities and towns in NC can enact weapon display bans too.
But that covers any type of carry, not just open and it doesn't have anything to do with 'armed to the terror of the people' common law offense
Gray Peterson
Member
Best place to ask this question is OpenCarry.org. Going armed to the terror of the people does not mean open carry of a handgun in a holster. You have to wave it about in order to get charged with this COMMON law crime. Common law crimes do not exist except in the courts mind.
No one has been convicted for open carrying of a handgun in a holster in North Carolina. No one can seem to find anything despite claims to the contrary. Do understand, however, that this applies to open carry on foot. Carrying a handgun in a holster in a car is very legally dicey. But if you have a NC permit or other recognized license, you're ok as far as open carry on your person goes.
No one has been convicted for open carrying of a handgun in a holster in North Carolina. No one can seem to find anything despite claims to the contrary. Do understand, however, that this applies to open carry on foot. Carrying a handgun in a holster in a car is very legally dicey. But if you have a NC permit or other recognized license, you're ok as far as open carry on your person goes.
Found this:
From the NC statute:
Going Armed to the Terror of the Public
This is a common law offense (272 N.C. 535; 32 N.C. App 495).
A person guilty of this offense
(1) arms himself or herself with unusual and dangerous weapons (firearm)
(2) for the purpose of terrifying others
(3) and goes about on public highways
(4) in a manner to cause terror to others.
From the NC statute:
Going Armed to the Terror of the Public
This is a common law offense (272 N.C. 535; 32 N.C. App 495).
A person guilty of this offense
(1) arms himself or herself with unusual and dangerous weapons (firearm)
(2) for the purpose of terrifying others
(3) and goes about on public highways
(4) in a manner to cause terror to others.
Waitone
Member
A while back we had some bubba pack heat in the open in down(up)town Charlotte. "Man with a gun" calls were made and LE responded. IIRC the perps were hauled in but not arrested. Later the Chief caught heat for releasing the perps. He had the dickens of a time explaining there was nothing wrong with open carry except for how it is interpreted. He later proposed a city ordinance to stop open carry up(down)town regardless of what state law said. The city is infested with blissninies.
It is hazardous to judge NC law on the basis of other states. I can assure the reader with great authority NC does strange things with its laws. I have yet to hear anyone familiar with NC gun laws advise anyone to open carry.
It is hazardous to judge NC law on the basis of other states. I can assure the reader with great authority NC does strange things with its laws. I have yet to hear anyone familiar with NC gun laws advise anyone to open carry.
Gray Peterson
Member
and as I recall, the Charlotte ordinance was stopped. GRNC has more information on that one.
Steve in PA
Member
Just because you carry a weapon does not mean you are "terrorizing" people.
And just because some ninny freaks out over seeing you carrying a gun does not mean you did anything wrong.
Carrying a firearm for self-defense IS NOT for the purpose of terrifying others.
And just because some ninny freaks out over seeing you carrying a gun does not mean you did anything wrong.
Carrying a firearm for self-defense IS NOT for the purpose of terrifying others.
Stiletto Null
Member
CPD's not super-bitchy about guns, but they're not exactly the most pro-gun bunch I've encountered.
It doesn't help that Charlotte's trying to market itself as an urban-urban place, with the expensive downtown condos and yuppie shopping centers to go cater to the crowd.
Nothing wrong with all that stuff, but the blissininny factor gets on my nerves. Raleigh's still pretty nice, though.
It doesn't help that Charlotte's trying to market itself as an urban-urban place, with the expensive downtown condos and yuppie shopping centers to go cater to the crowd.
Nothing wrong with all that stuff, but the blissininny factor gets on my nerves. Raleigh's still pretty nice, though.
Zach S
Member
Shall-issue didnt come around till 12/95, dont know about before that.
As for open carry, in small towns you could probably carry openly and it not be a big deal, OTOH, with it being a small town, it could also be a very big deal.
I wouldnt do it in a larger city, too many blissninnies.
Here's how it was esplained to me:
In order to be charged with "going armed to the terror", for merely open carrying in a holster, (at least) two people have to lodge a complaint. If one person calls 911 on you, for example, that second person can be the responding officer (at his discretion). If that requirement is satisfied, your gun will be confiscated, and you will receive a citation on the spot. Chances are you'll never get your gun back (or it will be costly and difficult). Unknown about fines and subsequent court costs, if they happen. All this sounds kind of sketchy, may vary dependent on: the jurisdiction, mood of the CLEO in which the incident occurred, or your attitude. Not untypical for southern law enforcement (its not NYC).
I guess the situation is begging for a test case to clarify the law...I choose not to be that person.
Carrying in a car is a different matter entirely. Without a CCW, the pistol must be open on the seat or dashboard. Or secured so as not to be "readily accessible" (commonly thought of as out of "lunging distance").
BTW, I see detectives and SBI agents (presumeably?) open carrying frequently in stores and restaurants, sometimes with belt badges, sometimes without, sometimes with SBI tshirts. No one seems to get bent out of shape. If you're clean cut and want to open carry, maybe you can blend in??
In order to be charged with "going armed to the terror", for merely open carrying in a holster, (at least) two people have to lodge a complaint. If one person calls 911 on you, for example, that second person can be the responding officer (at his discretion). If that requirement is satisfied, your gun will be confiscated, and you will receive a citation on the spot. Chances are you'll never get your gun back (or it will be costly and difficult). Unknown about fines and subsequent court costs, if they happen. All this sounds kind of sketchy, may vary dependent on: the jurisdiction, mood of the CLEO in which the incident occurred, or your attitude. Not untypical for southern law enforcement (its not NYC).
I guess the situation is begging for a test case to clarify the law...I choose not to be that person.
Carrying in a car is a different matter entirely. Without a CCW, the pistol must be open on the seat or dashboard. Or secured so as not to be "readily accessible" (commonly thought of as out of "lunging distance").
BTW, I see detectives and SBI agents (presumeably?) open carrying frequently in stores and restaurants, sometimes with belt badges, sometimes without, sometimes with SBI tshirts. No one seems to get bent out of shape. If you're clean cut and want to open carry, maybe you can blend in??
KaiserBen
Member
One piece of anecdotal evidence from Raleigh (NCSU):
I saw 4 men open carrying a few days ago at one of the many cheap chinese places around campus. Nobody even looked twice at them, no frantic 911 calls, etc. I'm not so sure I'd do it, but it can be done.
I saw 4 men open carrying a few days ago at one of the many cheap chinese places around campus. Nobody even looked twice at them, no frantic 911 calls, etc. I'm not so sure I'd do it, but it can be done.
Stiletto Null
Member
^^^
Is that legal? If it's one of the Chinese places around campus on Hillsborough, that's definitely within a kilofoot of "school".
Is that legal? If it's one of the Chinese places around campus on Hillsborough, that's definitely within a kilofoot of "school".
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