NC "A man may carry a gun for any lawful purpose of business or amusement"

[LAR-15]

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

For you folks who are worried about "going armed to the terror of the people" you might want to read this

 

[LAR-15]

1. The offence of riding or going armed with unusual or dangerous weapons, to the terror of the people, is an offence at common law, and is indictable in this State.

2. A man may carry a gun for any lawful purpose of business or amusement, but he cannot go about with that or any other dangerous weapon, to terrify and alarm, and in such manner as naturally will terrify and alarm a peaceful people.

3. The declarations of the defendant are admissible in evidence, on the part of the prosecution, as accompanying, explaining, and characterizing the acts charge

d.

 

[LAR-15]

did arm himself with pistols, guns, knives, and other dangerous and unusual weapons,

Do you think guns and knives are unusual weapons??

 

[MacEntyre]

The NC DOJ web site contains writings about the NC law that question whether it is possible to carry openly without risking the "terror of the people" charge.

OTOH, I have been told by LEOs that simply going armed openly, without some evidence of causing "terror of the people" is not enough to be charged. They have also told me that "I'm terrorized" is not enough in and of itself, but I'm certain the police would look into it.

I've seen plenty of plainsclothes cops carrying openly, with and without a badge on their belt. No one batted an eye, because they looked and acted the part.

Who knows?

 

[mekender]

Do you think guns and knives are unusual weapons??

no but the NC judiciary has ruled that they are

 

[Winchester 73]

no but the NC judiciary has ruled that they are

Could they take lessons from Alaska and Vermont's judiciary?

 

[Ragnar Danneskjold]

I've seen plenty of plainsclothes cops carrying openly, with and without a badge on their belt. No one batted an eye, because they looked and acted the part.

That's the key. Look like a respectable person and you probably won't get hassled.

 

[LAR-15]

Read the court case I posted.

It sets out the guidelines for what is a common law offence and what isnt.

It may be from 1843 but it is still law in NC.

If you read the case merely carrying a gun DOES NOT MEET THE OFFENCE

 

[MacEntyre]

I wonder if they have determined for us what are "usual weapons?"

If there exists such a thing as an "unusual weapon" then there must be a "usual weapon," eh?

 

[Brent J]

"unusual weapon"

Mace ( the metal one, not chemical although it can be), meat cleaver, machete,automobile, rolling pin, baseball bat, living room lamp, et al. Anything can and usually does make an "unusual weapon".

 

[romma]

OOh! I'm A scared o' da big bad gun!

Honestly, why do these so called public officials perpetuate this nonsense?

 

[fletcher]

It may be from 1843 but it is still law in NC.

Unless laws were passed later to clarify/change that. This is a good reference, no doubt, but it's not the end-all-be-all of justification to openly carry wherever you want and be immune to absurd charges. We still need additional research to confirm that nothing has changed over the last 165 years and that this still applies 100%, and before it's all over, probably a change of current law. Personally, I can't afford to pick up the bill in court to prove this if something does happen.

Honestly, why do these so called public officials perpetuate this nonsense?

Because our state elects Democrats on a state level, and that party has absolutely no regard for freedom, safety, or reason. Several letters to my representatives all come back saying they can't get any gun-related bill through the house because the Democrats keep killing them.

 

[Grizzly Adams]

Could they take lessons from Alaska and Vermont's judiciary?

Could they? YES
Would they? PROBABLY NOT

 

[B.D. Turner]

A stun gun is also a weapon under NC law. I booked a guy into jail last week and had to look the charge up myself to believe it. He was charged with "CCW a stun gun"

 

[DMK]

Do you think guns and knives are unusual weapons??

It has been remarked that a double-barrel gun, or any other gun, cannot in this country come under the description of "unusual weapons," for there is scarcely a man in the community who does not own and occasionally use a gun of some sort. But we do not feel the force of this criticism. A gun is an "unusual weapon," wherewith to be armed and clad. No man amongst us carries it about with him, as one of his every day accoutrements--as a part of his dress--and never, we trust, will the day come when any deadly weapon will be worn or wielded in our peace-loving and law-abiding State, as an appendage of manly equipment. 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

 

[LAR-15]

OPEN CARRYING A GUN does not automatically constitute an offence under common law.

Open carry is legal and established in NC. the NC Supreme Court has affirmed so.


BTW it is specifically ILLEGAL to conceal carry a stun weapon in NC

 

[MacEntyre]

Does anyone know what weapons are NOT unusual in NC?

 

[Malone LaVeigh]

was heard to declare, "that if James H. Ratcliff did not surrender his negroes, he would kill him"

I'd really like to know the rest of this story. Maye Hunley was a "negro?" I suspect an armed negro or someone demanding surrender of negroes might have been pretty unusual in North Carolina in the 1840s.