Concealed carry questions for NC.

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crew590

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Morgantown, WV / Charlotte, NC
I'm a student moving to North Carolina while I attend school. From what I've found, NC doesn't issue Non Resident permits. My question is, if I find a state (say Florida) that issues non-resident permits and NC honors that state's permit then would I be able to carry concealed in NC? Also, could someone point me in the right direction to see if there is going to be a problem with me bringing my handguns (such as registering them with sheriff/local PD).

Thanks,

Jay
 
If your state (or the state in which you possess a permit) has reciprocity with NC, then yes. Just be sure to follow local carry laws, and you're good to go. Off-limits places here include anywhere a sign is posted, places that serve alcohol for on-premises consumption, any government building (including schools).

No handgun registration is required in this state (exception Durham county, but it's not really enforced). Feel free to send a PM if you have any additional questions.
 
If you want to see our actual reciprocity law, it's covered in GS 14-415.24. Non-resident looks to be fine. As of a short while back, WV is fine, too.

As mentioned, Durham is the only county that registers handguns. Just be sure you know all the off-limits places in this state; there are a lot of them, and your school's property is one of them.

Other than that, welcome to North Carolina.
 
I was reading more on the subject and laws here and noticed this section on page 20

6. GOING ARMED TO THE TERROR OF THE PEOPLE
By common law in North Carolina, it is unlawful for a person to arm himself with any unusual and dangerous weapon, for the purpose of terrifying others, and go about on public highways in a manner to cause terror to others. The N.C. Supreme Court has said that any gun is an unusual and dangerous weapon for purposes of this offense. Therefore persons are cautioned as to the areas they frequent with firearms.

Not that I care for open carry one way or the other, but doesn't this just about rule it out? Or am I just misinterpreting this the wrong way. I know the point to open carrying is not just to terrorify people. ;)

Jay
 
Not that I care for open carry one way or the other, but doesn't this just about rule it out? Or am I just misinterpreting this the wrong way. I know the point to open carrying is not just to terrorify people.

Yes, you are misinterpreting the document. Open carry is generally legal in N.C., except for in a few cities which have specifically banned it. Their ordinances are somewhat questionable as they might be invalid under the state pre-emption statute and state court rulings.

Police officers are taught that open carry is legal in N.C.
 
Not that I care for open carry one way or the other, but doesn't this just about rule it out? Or am I just misinterpreting this the wrong way. I know the point to open carrying is not just to terrorify people
Like the man said, "Welcome to NC". You just found the single most confusing gun law. Some will tell you it is ok to open carry. Others will tell you not a good idea. Reality of the matter is the decision to cause you trouble is in the hands of the LE on scene and the judge. Whether of not OC is legal is beside the point. YOU are the one with the problem until it is legally resolved. I personally can see no reason for bear baiting when there is no upside for me. A word to the sufficient is wise.
 
Waitone,

Thanks for your reply. I figured that was the case. I don't plan on OCing for this reason (Too many unknowns. My luck I get the LEO/Judge that's had a bad day). I just want to make sure I understand the local laws. Besides, I never did like to cause a scene.

Jay
 
Waitone has it right.
Open carry is definitely legal... in fact, one of the points made in the book Laws Governing Concealed Handgun and Use of Deadly Force, ©1995, NC Justice Academy, on page 8, paragraph j:
If the law prohibits only concealed handguns, and not all firearms, a person with a concealed carry permit will comply with the law by moving the handgun from a concealed to an open, nonconcealed position.
However, if the nice officer doesn't know it's legal, you may be inconvenienced.
 
Open carry is legal in NC, but local governments may ban it (Cary, for instance, prohibits open carry). You can open carry in allowed areas as long as you don't "go armed to the terror of the people". This may be nothing more than one ninny giving the police a call, and if he/she does, you're in trouble.

Open carry in NC is better described as not necessarily illegal rather than legal.

Only time I've done it was up in Ashe county, and at my old (shady) apartment complex when I walked to the car at night.
 
fletcher said:
Open carry is legal in NC, but local governments may ban it (Cary, for instance, prohibits open carry).
I don't doubt this, but I wonder how it squares with the State Constitution.
From the NC State Consitution:
Sec. 30. Militia and the right to bear arms.

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; and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power. Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.
While this passage explicitly allows the General Assembly to regulate or even prohibit the concealed carry of weapons, the clear implication of this passage is that "keep and bear arms" means to own and carry firearms, and that open carry is a protected right. I would suggest that it is also reasonable to infer that only the General Assembly can "enact penal statutes against" concealed carry.
 
I'd be willing to donate to the cause if someone decides to challenge it, thereby securing open carry in NC.

EDIT: Dug up the ordinance from Cary. Looks like (e)(2) could be a source of dispute. I'd say carrying a firearm, regardless of method, could be exercising my right to self-defense.

Sec. 22-51. Prohibition of the carrying and display of firearms and other weapons at certain public locations.
(a) Firearms generally. No person shall possess firearms in town-owned buildings, on the grounds or parking areas of those buildings, or in town parks or recreation areas, including greenways, except nothing in this section shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas.
(b) Posting required. The director of public works or his designated representative is hereby authorized and instructed to post conspicuous signage at appropriate locations on or within each park, including greenways, and each building or portion of a building owned, leased as lessee, operated, occupied, managed or controlled by the town, as well as the appurtenant premises to such buildings, indicating that carrying a concealed handgun or possessing or displaying any firearm or any other deadly weapon, as defined in G.S. § 14-269(a), on the properties and locations described in this section is prohibited therein and thereon unless specifically permitted or authorized by state law or the provisions of the town's code of ordinances.
(c) Location. Signs on buildings shall be visibly posted on the exterior of each entrance by which the general public can access the building. The director of public works or his designated representative shall exercise discretion in determining the number and appropriate location of signs to be placed on or within appurtenant premises and parks, including town greenways.
(d) Applicability to other public locations. No person shall display any firearm or other deadly weapon as defined in G.S. § 14-269(a) while on any public street, alley, sidewalk or other public property within the town unless specifically permitted or authorized by law.
(e) Exceptions. The following exceptions to the provisions of this section are authorized:
(1) The chief of police, or designee, has authorized the public possession or display of a firearm, or other weapon, as part of an official program or event sponsored or sanctioned by the town;
(2) The possession or display of the firearm, or other weapon, was the result of an individual(s) exercising his legitimate right to self defense or the defense of others as allowed by law;
(3) The possession or display of the firearm, or other weapon, was conducted by a person(s) authorized by law to carry and display such items as part of their official or otherwise recognized lawful duties (e.g., law enforcement officers, military personnel, security guards, etc.); or
(4) The possession or display of the firearm, or other weapon, was necessary for the temporary transport and securing of the item and was not otherwise in violation of existing statutes or ordinances (e.g., recent purchase and movement to vehicle for transport, securing of firearm by CCH permit holder in vehicle, found item to be turned in to authorities, firearm in approved vehicle gun rack, etc.).
(f) Violation. The carrying of concealed handguns or the possession or display of any firearm or other dangerous weapon as defined in this section, in or upon any of the locations specified by this section, shall constitute a misdemeanor and subject any violator(s) so convicted to such penalties as may be imposed by the court.
(Code 1982, § 13-9.1; Ord. No. 95-031, 12-14-1995; Ord. No. 01-010, 5-24-2001; Ord. No. 06-010, 6-22-2006)
 
fletcher said:
I'd be willing to donate to the cause if someone decides to challenge it, thereby securing open carry in NC.
As would I, but I'm not willing to make myself the test case.
No person shall display any firearm or other deadly weapon as defined in G.S. § 14-269(a) while on any public street, alley, sidewalk or other public property within the town unless specifically permitted or authorized by law.
In addition to your observation, I'd say the NC State Constitution specifically authorizes the carry of a firearm, and NC General Statutes require it to be displayed if one doesn't have a CCW.
 
My great-grandfather was convicted of carrying a concealed weapon (not a felony at the time) in Charlotte when he put his gun in the top of his boot. According to family legend from then on whenever he went to Charlotte he hung his pistol on a string and carried it around his neck. Probably NOT legal anymore but funny.
 
Local humor is that cary is actually the acronym C.A.R.Y. (C ontainment A rea for R elocated Y ankees).

Durham County still has a statute that requires handgun registration (the only one in NC). Heck, I used to live there & didn't know that at the time. Since we have been considering moving back to the area I looked into it a bit (via internet) & could not find any info on the local govt web sites on how it was implemented. Apparently it is still on the books, but no indication that it is being actively implemented. Does anyone have any further info on it?


The NC state AG office, firearms division, has a good plain english summary of NC firearms laws here :http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf
It does not cover local municipal codes, which can vary quite a bit from location to location. Safest practice in my experience has always been to conceal in town (if you have a permit) & save open carry for rural areas unless you know for certain that open carry is well tolerated in a specific location ...

Its also worth noting that, unlike WV and VA, NC is a "must notify" state. If approached by a LEO while you are carrying, you must inform the officer that you have a concealed weapon to avoid a possible misdomeaner offense (although the first offence is typically just a citation).

Nick
 
Thank you for all your replies. In another thread I started looking for ranges in the area (Charlotte) I was told that Mecklenburg County is somewhat anti-gun. Will this cause a problem if I am looking to take advantage of the fact North Carolina honors West Virginia's permits?

Jay
 
depends on what you mean by a problem. If your concealed weapon prints and some blissninny notices, his reaction may cause you mild irritation at his pointing and hollering, "argh!" to moderate frustration if a responding officer doesn't know the law either.

If Mecklenburg has ranges (such as at Sandhills Rod and Gun Club), then the fact that some residents don't like guns is totally irrelevant to you shooting your gun.
 
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