So open carry is legal in NC?
- Thread starter hankdatank1362
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all it takes is for one soccer mom to get scared and say that you have a gun and bam you get charged with "going armed to the terror of the public"... it might not stick, but you get charged, your gun gets impounded and you go to court...
dont think it cant happen...
as for OC... from http://www.ncrpa.org/ccwfaq.htm
nc firearms law - http://www.nccrimecontrol.org/div/hp/2006firearmspublication.pdf
it is also worth noting that if an officer approaches your vehicle and cannot immediately see your firearm, he may consider it concealed even if it is laying in plain sight on the seat... if your body prevents him from seeing it, it is concealed...
this was discussed for a bit a couple of months back, and several NC LEOs chimed in here - http://www.carolinashootersforum.com/viewtopic.php?t=218&start=0&postdays=0&postorder=asc
Titan6
member
Many years ago when I was at stationed at Fort Bragg, in the days prior to concealed carry once I drove off post the .44 Mag was placed in holster on the ''front of the passenger seat back''. Had to keep it locked in the glove box (no trunk) on post.
Open carry was not that unusual. I had several friends who did it the same way. Fayetteville was a lot rougher back then. You could not expect to go anywhere in town and not see street crime (drugs, prostitution, etc). That would have been about 17 years ago.
Open carry was not that unusual. I had several friends who did it the same way. Fayetteville was a lot rougher back then. You could not expect to go anywhere in town and not see street crime (drugs, prostitution, etc). That would have been about 17 years ago.
rantingredneck
Member
Indeed it was. I lived there for 21 years.
My wife always wondered why I walk around with a scowl on my face and "look like you're about to kick somebody's ..." until she went down there with me to visit an old friend. As we were driving around she said "everybody here has that same scowl on their face". I said, "It's a defense mechanism telling bad guys not to mess with them". Sometimes it actually works.
My wife always wondered why I walk around with a scowl on my face and "look like you're about to kick somebody's ..." until she went down there with me to visit an old friend. As we were driving around she said "everybody here has that same scowl on their face". I said, "It's a defense mechanism telling bad guys not to mess with them". Sometimes it actually works.
hankdatank1362
Member
Wow... that doesn't sound like the Fayetteville I know... but then, I've only been going up there for about 5 years or so now.
30 cal slob
Member
guys, my read on open carry in north carolina is...
it is not illegal, except where specifically prohibited by local law.
CHECK YOUR MUNICIPAL LAWS VERY CAREFULLY. I don't believe NC has a very strong pre-emption over local ordinances when it comes to OC.
Example, here is a snippet from Cary's Municipal Code, which appears to ban OC:
More info on NC open carry here:
http://opencarry.mywowbb.com/forum41/
it is not illegal, except where specifically prohibited by local law.
CHECK YOUR MUNICIPAL LAWS VERY CAREFULLY. I don't believe NC has a very strong pre-emption over local ordinances when it comes to OC.
Example, here is a snippet from Cary's Municipal Code, which appears to ban OC:
More info on NC open carry here:
http://opencarry.mywowbb.com/forum41/
rantingredneck
Member
From what I've heard it has improved. I haven't been down there in about 4 or 5 years myself. My friend who I visited from time to time has moved to Holly Springs, so there's no reason for me to go there anymore. After I graduated from ASU my now ex-wife and I moved to Chapel Hill for grad school. That was in '96.
Waitone
Member
Welcome to the wonders of NC gun law. Deliberately vague. While OC may be "legal", it may not be smart.
pitched
Aint this something; we that live in NC that have spent "money" time and "effort"
and still don't have clues. I fit directly into this ?frame?
In the beginning I researched all available, put 'DOJ' in favorites, spent plenty of time reading, trying to be sure, trying to understand, and Lordy Lordy.
Ambiguities [we called it catch 22]
You have opened my eyes; I'm not the only one with difficulties with NC CC Law or better yet Open Carry.
Thanks for a most interesting thread.
Aint this something; we that live in NC that have spent "money" time and "effort"
and still don't have clues. I fit directly into this ?frame?
In the beginning I researched all available, put 'DOJ' in favorites, spent plenty of time reading, trying to be sure, trying to understand, and Lordy Lordy.
Ambiguities [we called it catch 22]
You have opened my eyes; I'm not the only one with difficulties with NC CC Law or better yet Open Carry.
Thanks for a most interesting thread.
these kind of questions come up all the time over at http://www.carolinashootersforum.com/ there are a few active LEO's that participate and go out and shoot with us over there too...
I still think it's pretty difficult to get charged if you are out-and-about, minding your own business and happen to be carrying openly. Case law goes way back to the 1800's in North Carolina on this. See State v. Roten, 86 N.C. 701 (1882),
http://www.cs.cmu.edu/afs/cs.cmu.edu/user/wbardwel/public/nfalist/state_v_roten.txt
If the privilege of so wearing arms should be abused, the
public is protected by the common law. "The offence of riding or
going armed with unusual and dangerous weapons to the terror of the
people, is an offence at common law and is indictable in this
state. 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. It is the wicked purpose, and
the mischievous result, which essentially constitute the crime."
State v. Huntley, 3 Ired., 418.
My personal opinion is Cary's ordinance banning open carry is unconstitutional (state). See State v. Kerner, 181 N.C. 574 (1921), which is an EXCELLENT read... there are a TON of great pro-gun points in this decision.
http://www.cs.cmu.edu/afs/cs.cmu.edu/user/wbardwel/public/nfalist/state_v_kerner.txt
(emphasis mine)
... the ordinary private citizen, whose right to carry arms cannot be
infringed upon, is not likely to purchase these expensive and most
modern devices just named. To him the rifle, the musket, the
shotgun, and the pistol are about the only arms which he could be
expected to "bear," and his right to do this is that which is
guaranteed by the Constitution. To deprive him of bearing any of
these arms is to infringe upon the right guaranteed to him by the
Constitution.
...
It is also but a reasonable regulation, and one which has been
adopted in some of the states, to require that a pistol shall not
be under a certain length, which, if reasonable, will prevent-the
use of pistols of small size, which are not borne as arms, but
which are easily and ordinarily carried concealed. To exclude all
pistols, however, is not a regulation, but a prohibition, of arms,
which come under the designation of "arms" which the people are
entitled to bear. This is not an idle or an obsolete guarantee,
for there are still localities, not necessary to mention, where
great corporations, under the guise of detective agents or private
police, terrorize their employees by armed force. If the people
are forbidden to carry the only arms within their means, among them
pistols, they will be completely at the mercy of these great
plutocratic organizations. Should there be a mob, is it possible
that law-abiding citizens could not assemble with their pistols
carried openly and protect their persons and their property from
unlawful violence without going before an official and obtaining
license and giving bond?
http://www.cs.cmu.edu/afs/cs.cmu.edu/user/wbardwel/public/nfalist/state_v_roten.txt
If the privilege of so wearing arms should be abused, the
public is protected by the common law. "The offence of riding or
going armed with unusual and dangerous weapons to the terror of the
people, is an offence at common law and is indictable in this
state. 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. It is the wicked purpose, and
the mischievous result, which essentially constitute the crime."
State v. Huntley, 3 Ired., 418.
My personal opinion is Cary's ordinance banning open carry is unconstitutional (state). See State v. Kerner, 181 N.C. 574 (1921), which is an EXCELLENT read... there are a TON of great pro-gun points in this decision.
http://www.cs.cmu.edu/afs/cs.cmu.edu/user/wbardwel/public/nfalist/state_v_kerner.txt
(emphasis mine)
... the ordinary private citizen, whose right to carry arms cannot be
infringed upon, is not likely to purchase these expensive and most
modern devices just named. To him the rifle, the musket, the
shotgun, and the pistol are about the only arms which he could be
expected to "bear," and his right to do this is that which is
guaranteed by the Constitution. To deprive him of bearing any of
these arms is to infringe upon the right guaranteed to him by the
Constitution.
...
It is also but a reasonable regulation, and one which has been
adopted in some of the states, to require that a pistol shall not
be under a certain length, which, if reasonable, will prevent-the
use of pistols of small size, which are not borne as arms, but
which are easily and ordinarily carried concealed. To exclude all
pistols, however, is not a regulation, but a prohibition, of arms,
which come under the designation of "arms" which the people are
entitled to bear. This is not an idle or an obsolete guarantee,
for there are still localities, not necessary to mention, where
great corporations, under the guise of detective agents or private
police, terrorize their employees by armed force. If the people
are forbidden to carry the only arms within their means, among them
pistols, they will be completely at the mercy of these great
plutocratic organizations. Should there be a mob, is it possible
that law-abiding citizens could not assemble with their pistols
carried openly and protect their persons and their property from
unlawful violence without going before an official and obtaining
license and giving bond?
Last edited:
DonSmithnotTMD
Member
- Joined
- Jan 20, 2008
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- 1
"Wow... that doesn't sound like the Fayetteville I know... but then, I've only been going up there for about 5 years or so now."
Maybe you aren't paying attention. I've lived here in cycles. 92-95, 97-2000 and 2006-present.
In the last two years, I've had a firearm brandished at me and my wife almost walked in on an armed robbery.
Maybe you aren't paying attention. I've lived here in cycles. 92-95, 97-2000 and 2006-present.
In the last two years, I've had a firearm brandished at me and my wife almost walked in on an armed robbery.
crunchyuncle
Member
well here, i called the ATF office in my area, and talked to an agent, and here is the audio..with some pictures just for ****s and giggles.
if its not playing give it a few minutes just uploaded it at 6:24pm est 7-29-2009
http://www.youtube.com/watch?v=VbbrkrmK6CA
if its not playing give it a few minutes just uploaded it at 6:24pm est 7-29-2009
http://www.youtube.com/watch?v=VbbrkrmK6CA
ColtraneM3
Member
I live in High Point and frequent Kernersville, Greensboro, and Winston Salem in particular... anyone had any trouble with OC in those places?
woodsoup
Member
Now, that's a plan if I ever heard one! You go Chris...
woodsoup
Member
Easyg...please do not attack!! I was giving insight of something that the NC citizens know nothing about, nor will for sometime. Just because you haven't heard of this information yet does't mean its rumors.!!! If you continue to attack me or my credability then I will not continue this disscussion.
Now, that's a plan if I ever heard one! You go Chris...
Now, that's a plan if I ever heard one! You go Chris...
Enachos
Member
Ok, here it goes!
Your pistol purchase permit is handed over to the FFL dealer when purchasing your weapon. That is the last time you'll see it! Therefor, to open carry you do not have to present one. Just let LEO know you have one. It's very simple
When I OC I leave my pistol on the front passenger seat. I've been pulled over with it sitting there and no problems whatsoever.
Chris521? You need to study a little harder
Your pistol purchase permit is handed over to the FFL dealer when purchasing your weapon. That is the last time you'll see it! Therefor, to open carry you do not have to present one. Just let LEO know you have one. It's very simple
When I OC I leave my pistol on the front passenger seat. I've been pulled over with it sitting there and no problems whatsoever.
Chris521? You need to study a little harder
zombienerd
Member
Wowzers.. Heck of a necro for your first post
DMK
Member
I was thinking that throughout this thread also.
When you purchase your handgun, your pistol purchase permit is given to the seller who keeps it with the other sales records. You need to get a separate one for every handgun you purchase (unless you have a concealed carry permit).
The laws are confusing enough without Chris521s misinformation.
Darkninja
Member
Anyone know about Eastern part of the state? Like Greenville, or little Washington areas?
Enachos
Member
DMK,
LOL That guy just really didn't know what the heck he was talking about. He must've just been typing to exercise his fingers haha
LOL That guy just really didn't know what the heck he was talking about. He must've just been typing to exercise his fingers haha
iiibdsiil
Member
I can open carry in NC? After I just got done smack talking about not being able to find a range up here... I might be able to take the good with the bad!
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