Fumbler said:
Municipalities or counties retain their authority to prohibit the possession of firearms in publicly-owned
buildings or grounds, except that nothing would prohibit a person from storing a firearm
within a motor vehicle while the vehicle is on these grounds or areas. N.C. Gen. Stat. § 14-
409.40
On the street = publicly owned grounds.
I'm going to have to disagree with that Fumbler. I believe you are quoting subsection F, which I have pasted in it's entirety below and it is different that the version you posted which gives it a slightly different, yet important meaning.
(f) Nothing contained in this section prohibits municipalities or counties from application of their authority under G.S. 153A‑129, 160A‑189, 14‑269, 14‑269.2, 14‑269.3, 14‑269.4, 14‑277.2, 14‑415.11, 14‑415.23, including prohibiting the possession of firearms in public‑owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas, except nothing in this subsection shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas. Nothing contained in this section prohibits municipalities or counties from exercising powers provided by law in declared states of emergency under Article 36A of this Chapter.
For those who don't immediately spot the difference it is that municipalities/counties can only regulate possession on the grounds and parking areas
of public-owned buildings, not that they can regulate possession on/in publicly owned buildings
or grounds as was initially quoted.
For anyone wanting to read the full preemption statute for NC and confirm my quote you can see it at
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_14/Article_53B.html
Now for the GATOP charge. I can't tell if you are agreeing or disagreeing with me Fumbler. It looks like we are agreeing with each other that you should be fine but you may still be harassed. I personally don't think you'll get in trouble and I don't personally think it is against the law based on
MY interpretation of the law but use common sense and discretion. That's why I initially said you could be hit with a BS charge but you
should be fine legally.
Again, AFAIK there is no case law or precedent set for these scenarios so you will need to use your own judgment as to what do in the "gray" areas.
(Yes I put gray in quotes; the laws read pretty plainly to me and seem clear, but as we've seen with the 2nd amendment the law may be (mis)interpreted differently by the LEOs and the legal system so use your noodle when deciding what to do and be aware of the consequences of your actions and accept responsibility for them.)
As an aside: If people are so scared of guns that they freak out when they see you or me OCing why don't they freak out when they see a cop with their bat belt with even more weapons? I submit that this is evidence that they aren't afraid of people lawfully carrying firearms (or other weapons) in public but instead they are afraid of something that they aren't familiar with or that is out of the ordinary for them: John Q. Public having the means to protect him(her)-self. Thus it is my
OPINION you shouldn't be charged with GATTOP as you carrying your weapon isn't inciting their terror/fear, it is the fact that they are seeing something not normally seen that is causing their fear/terror (unless of course you are committing some other crime that would incite fear or terror, like pointing the gun at someone or shooting at random people/objects, etc. but in that case GATTOP would be an add-on charge). BTW, this is one of, if not the grayest area in NC law regarding firearms IMHO.