So open carry is legal in NC?

[hankdatank1362]

Going to Winston-Salem this weekend to see the wife's extended family. I just recently read that NC allows open carry.

I Checked it out on opencarry.org, and it says that NC is a traditional Open Carry state, but it lacks preemptions and entails significant restrictions.

Anyone have any idea what these restrictions are, and if it is generally accepted to open carry in NC, esp. the Winston-Salem area?


I've always wanted to try open carry, even if it's jus a wal-mart or a gas-station. Any input?

 

[Chris521]

I live in wintson-salem, there are people who support open carry here and just as many who dont. If you come across a law enforcement officer they may ask to see your permit. As for open carry in wal-mart or gas stations, I strongly urge you not to. Check out the THR Library for NC gun laws, its at the upper right on the THR homepage. If you have any more questions feel free to ask.

 

[hankdatank1362]

So... you need a permit to Open Carry?

 

[Chris521]

If you are a resident from NC you are required to purchase a permit for open carry and/or concealed carry. What state are you from and does your state require permits for purchase of handguns. If you go to the THR Library you can find a link that will direct you to another site, from there you can see if NC honors your state's permit.

 

[RPCVYemen]

Oddly enough, I checked last week about transporting my pistol in my van - which has no locking compartments. I was surprised to find that setting it on the front seat next to me was the preferred method. If it was in any container to which I had access (and I had access to ammo), it was considered concealed - that's what requires a license. It can be locked in a trunk. But in a van - the question of whether or not I have access is debatable. So the safest place was loaded on the seat next to me.

Pretty odd.

Mike

 

[stevemis]

If you are a resident from NC you are required to purchase a permit for open carry and/or concealed carry.

Huh? It is my understanding that OC doesn't require any permit whatsoever.

There are some local laws in some areas which require the pistol to be of a minimum length for open carry. I believe Chapel Hill has this requirement. I also remember determining that a full-size 1911 was sufficiently large.

Most of this information is echoed at www.opencarry.org.

 

[mbs357]

Pretty sure no permit required to OC...seen people do it, heard people say it. If folks want, I can ask the local gun shop folks.

 

[SigfanUSAF]

Open carry is 100% legal in NC, no permit required. While your at it, get one of those CCW badges around your neck too


I carry concealed, I'd rather not advertise the fact that I'm loaded. However, before I got my CCW, I always had a loaded and chambered P220 in the passengers seat, and was never questioned about it even during liscense checks.

 

[Chris521]

I am currently attending a criminal justice school in NC and I've learned that if you transport a weapon and it is in a compartment, under the seat, of covered by any item, it is considered concealed. NC law states that the weapon can't be within easy reach. So if it is in the front seat next to you, then you may be in violation of the law. After talking to many LEO's they say the best place to transport a weapon in NC is in the back seat and/or the trunk. If you have a concleaded carry permit you may carry/transport the weapon any way you like. I usually carry mine on me.

 

[mekender]

you have to have a permit from the sheriffs office to purchase a pistol

you can open carry in NC

open carry is frowned upon, not illegal, in heavily populated areas (Wilmington, Charlotte, the triad and the triangle)

concealed carry in NC is defined as readily accessible and not easily seen. so even a OC holster on your right hip can be considered concealed if a cop comes to your drivers window and cannot easily see the gun...

several friends of mine OC into Walmart all the time, its perfectly legal and you rarely get any problems... granted they usually carry in Davidson county, not in wake or Guilford... if they ask you to leave, you have to leave... but Walmart sells guns, so its unlikely they will care...

NC has a catch all law called "going armed to the terror of the public" basically they can charge you with this if someone feels afraid or threatened by your gun... ive heard people at local shops and ranges complaining that they got charged while putting their rifles into the trunk and a neighbor saw...

 

[paintballdude902]

Going to Winston-Salem this weekend to see the wife's extended family. I just recently read that NC allows open carry.

forget the family come watch my school new bern high school kick independence highs butt in the state football championship saturday at 7pm at the wake football stadium go bears!!!

ok back on subject

im not sure if we are or not i open carry while hunting but since im 17 thats the only time i can

i wouldnt just because it may cause problems wheather your lisensed or not its just easier not to have to expain that while in cuffs

 

[rantingredneck]

a permit for open carry

NO

currently attending a criminal justice school in NC

Study harder. (My undergraduate minor was in Criminal Justice).

OC is legal, but as others have said, frowned upon in some areas. Did it for years in a vehicle and never had a problem even when stopped by LEO. Have OC'd on my hip and never been stopped by an LEO even when they've clearly seen my weapon. Of course I live in Alamance County which is fairly gun-friendly. Also did it when I lived in Boone and in Fayetteville. I wouldn't OC in Chapel Hill, Charlotte, or Cary, but otherwise...........

That all being said, having a CCW permit, I really don't see the need for open carry and I really don't do it much at all anymore, unless I'm just on my way to the woods to hunt or scout and don't feel like putting on an extra cover garment to hide the weapon.

 

[stevemis]

NC has a catch all law called "going armed to the terror of the public" basically they can charge you with this if someone feels afraid or threatened by your gun... ive heard people at local shops and ranges complaining that they got charged while putting their rifles into the trunk and a neighbor saw...

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.

All four conditions need to be met. If you are going about your business acting in a reasonable manner, and your weapons holstered properly, there is no danger in getting charged for this crime.

See State v. Huntley, 25 N.C. (3 Ired.) 418, 40 Am. Dec. 416 (1843) ... emphasis mine...

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

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.

 

[stevemis]

Here's the size regulation for Chapel Hill, NC.

Sec. 11-134. Prohibition on display of small handguns.
(a) No person shall display, on any street, sidewalk, alley or other public property any handgun which is easily and ordinarily carried concealed.
(b) For purposes of this article, the term "handgun which is easily and ordinarily carried concealed" shall mean any handgun or other firearm with an overall length of less than six (6) inches; provided, however, that in the case of a handgun or firearm that does not have a handgrip, this term shall mean any such handgun or firearm with an overall length of less than eight (8) inches.
(c) For purposes of this article, the length of a handgun shall be determined as follows:
(1) As the length of a line drawn from the tip of the barrel of the handgun along the length of the barrel to the point where that line intersects with a perpendicular line drawn up from the point on the back of the handgrip farthest from the tip of the barrel; or,
(2) If the length of the handgun measured along the barrel extends back beyond the point where the lines described in (c)(1) above intersect, the length shall be determined by the length of the gun measured straight back from the tip of the barrel for the full length of the gun; or
(3) If the handgun does not have a handgrip, the length shall be determined by measuring the overall length of the weapon by a straight line connecting the tip of the barrel to the point farthest away from the tip of the barrel.
(d) This section shall not apply to persons authorized by state or federal law to carry firearms in the performance of their duties.
(Ord. No. 93-11-22/O-1, § 1)

 

[Chris521]

Hankdatank1362 sorry for the confusion. You can of course carry open in NC. If you are asked by an LEO for a pistol PURCHASE permit, you are required by law to show him or her. You have to have a pistol purchase permit before you can open carry. If you don't have one before you open carry you are in violation on NC state law. Like I said sorry for the confusion. NC is trying to do away with open carry all together and I took that into account in my reply

 

[stevemis]

If you are asked by an LEO for a pistol PURCHASE permit, you are required by law to show him or her.

You have to have a pistol purchase permit before you can open carry. If you don't have one before you open carry you are in violation on NC state law.

NC is trying to do away with open carry all together

Citations (such as case law or statutes), please?

 

[rantingredneck]

Kinda hard to produce a pistol purchase permit to an LEO who stopped you when you've already given that to the gunshop when you bought your weapon.

 

[Fumbler]

I am currently attending a criminal justice school in NC and I've learned that if you transport a weapon and it is in a compartment, under the seat, of covered by any item, it is considered concealed. NC law states that the weapon can't be within easy reach.

You can leave a gun on your front passenger seat in plain view.
It is considered open carry.
If it's not in plain view then it must be locked or the compartment must be locked. It can be easy to reach so long as it's not concealed.
If you have a concealed handgun permit then you may store it however you want as long as no one else can access it easily (must maintain control).

If you are a resident from NC you are required to purchase a permit for open carry and/or concealed carry.

That is not correct. Maybe some jurisdictions issue open carry permits, but it is not a state law. Permits are only required for transfers/purchases (purchase permits are not required if you have a concealed handgun permit and are buying from a dealer).

If you are asked by an LEO for a pistol PURCHASE permit, you are required by law to show him or her. You have to have a pistol purchase permit before you can open carry. If you don't have one before you open carry you are in violation on NC state law. Like I said sorry for the confusion. NC is trying to do away with open carry all together and I took that into account in my reply

You are horribly confused.
How can you show an LEO your purchase permit if you used that permit to purchase your handgun?!

You must be thinking of concealed handgun permits. If you encounter a LEO when carrying then you must inform them that you're carrying and have a permit.

 

[Calhoun]

...You can of course carry open in NC. If you are asked by an LEO for a pistol PURCHASE permit, you are required by law to show him or her. You have to have a pistol purchase permit before you can open carry. If you don't have one before you open carry you are in violation on NC state law. Like I said sorry for the confusion. NC is trying to do away with open carry all together and I took that into account in my reply

Umm, the purchase permit has nothing to do with open carry. Just the purchase of a handgun, hence the name "purchase permit". No permit is required to open carry in NC. However, some jurisdictions do have laws that restrict open carry, so you might want to check with the police or sheriff in WS.

 

[Fumbler]

Oooh, trivia time.

Which county (only one) in NC requires handgun registration?

 

[easyg]

Wow! There is alot of misinformation in this thread....

So... you need a permit to Open Carry?

No.

I am currently attending a criminal justice school in NC and I've learned that if you transport a weapon and it is in a compartment, under the seat, of covered by any item, it is considered concealed.

True.

NC law states that the weapon can't be within easy reach. So if it is in the front seat next to you, then you may be in violation of the law.

False.

After talking to many LEO's they say the best place to transport a weapon in NC is in the back seat and/or the trunk.

False. In fact, this is the same as carrying a concealed weapon.

If you are asked by an LEO for a pistol PURCHASE permit, you are required by law to show him or her.

False.

You have to have a pistol purchase permit before you can open carry.

Again, false.
However, it is unlawful to have an unregistered handgun in certain NC counties.
So, if you move here from another state you will need to have your handguns registered at your local sheriff's department.
But you will not be required to obtain a "pistol purchase permit".

NC is trying to do away with open carry all together and I took that into account in my reply

Can you post a link to any impending legislation?

 

[hankdatank1362]

Ok I know about the open carry in the car thing.. thought it was weird at first, but I knew that....

What I would like to know is if I can legally open carry, with a full size pistol in an owb holster, in plain sight? I'm from SC, so I wouldn't even have a "pistol purchase permit" or whatever.

What places are off limits for open carry?

 

[hankdatank1362]

And what if, since my handguns were bo0ught here in SC, they're not registered in NC?

 

[Fumbler]

However, it is unlawful to have an unregistered handgun in certain NC counties.
So, if you move here from another state you will need to have your handguns registered at your local sheriff's department.

That is true for only one county in NC.
If you are not a resident of that county then you may still open carry in that county.

What I would like to know is if I can legally open carry, with a full size pistol in an owb holster, in plain sight? I'm from SC, so I wouldn't even have a "pistol purchase permit" or whatever.

This is legal.

What places are off limits for open carry?

Schools/school grounds, government buildings, and any place that says weapons are not allowed.

 

[rantingredneck]

Which county (only one) in NC requires handgun registration?

Durham Co.