Nc Laws

[tattedupboy]

To my surprise, I did not see any of you mention that NC also does not allow CC in financial institutions (although open carry in these places is OK). Easily, NC, together with Ohio (the ridiculous car carry restrictions), Georgia (many similar off limits places, in addition to it being a felony to carry while on public transportation), Michigan (the only shall issue state that requires handgun registration) and New Mexico(a felony to OC in any place that sells alcohol, even for off premises consumption, as well as allowing only one concealed gun at a time) are, among shall issue states, the five worst. Why can't they all be like New Hampshire, which doesn't have a minimum age requirement for a permit, only charges $10 for a resident permit ($20 for nonresidents), and has courthouses as its only off limits place.

[CarolinaJohn]

Originally Posted by tattedupboy

To my surprise, I did not see any of you mention that NC also does not allow CC in financial institutions (although open carry in these places is OK). Easily, NC, together with Ohio (the ridiculous car carry restrictions), Georgia (many similar off limits places, in addition to it being a felony to carry while on public transportation), Michigan (the only shall issue state that requires handgun registration) and New Mexico(a felony to OC in any place that sells alcohol, even for off premises consumption, as well as allowing only one concealed gun at a time) are, among shall issue states, the five worst. Why can't they all be like New Hampshire, which doesn't have a minimum age requirement for a permit, only charges $10 for a resident permit ($20 for nonresidents), and has courthouses as its only off limits place.

Oh..I forgot about the Bank restriction. I still have issues about carryin on School Property too. Especially Universities after Virginia Tech. Yet, daily you read about violent attacks at even the local High Schools. I guess the gang bangers and other hoodlums don't recognize that it is not permitted for them to have a firearm on school property.

I am not clear as to why ALL financial institutions are off limits. I can see individual companies not wanting you to be in there...by why let the State govern that?

I also agree that one should be able to carry anywhere except if the individual is consuming alcohol.

As far as the "Going Armed to the Terror of the Public," I beg to differ. If an individual like a liberal Soccer Mom or a Grandma can prove she was afraid of the firearm, they WILL charge you with the crime.

Found this on "The High Road":
There is a common-law offense in NC called "going armed to the terror of the people." Basically what this means is that if someone sees you carrying a firearm and calls the police to report "person with a gun," you can be charged with this offense. It's not often used in rural areas, but has been used in populated areas. If you are an out-of-state visitor who is not here lawfully hunting or engaged in some overt firearms-related event such as a competition, it will be hard to talk your way out of it.

So is open carry legal in NC? In theory, yes. In practice, maybe. It seems to us like a very good way to get arrested.

And this...
That bad part about NC law is that individual counties, and sometimes cities, get to interpret this how they want.
Which means that the officer can decide you're "going armed to the terror of the people" by simply wearing a gun "just to get attention" or "cause a scene." And, if you've been using your google fu on open carry, you've no doubt seen the videos where o/c types get harassed and accused of attention seeking.

Bottom line is: You could get cuffed and stuffed, processed, and then get the opportunity to have the ultimate "reasonable man" decide whether or not you are indeed going armed to the terror of the people.

Who wants to be the test case?

NC law says that if you are convicted of any firearms offense, your confiscated firearm cannot be returned to you. It will either be turned over to a local law enforcement department for their use or (most likely) destroyed. THAT'S ANY FIREARMS OFFENSE whether Misdemeanor or Felony!

So then, like I must prove that I am in fear of dying, serious bodily harm or a sexual assault, the Sheepish person in the parking lot who sees my gun when the wind blows my shirt back merely must prove that they were "AFRAID" of the weapon. No touching, no brandishing, no threatening move. Merely that they were Fearful of the firearm. That BITES!

[PA_SIGpacker]

Is there any case law involving "Going to the Terror of the Public", either pro or con? I'd like to see actual cases where this law was used to charge someone and the outcome of such.

Needless to say, I believe I'll be CCing while in NC. I'd hate to be the guinea pig...

BTW, ya'll should visit PA sometime. You'd absolutely LOVE our gun laws up here. Very pro-2A.

[CarolinaJohn]

Originally Posted by PA_SIGpacker

Is there any case law involving "Going to the Terror of the Public", either pro or con? I'd like to see actual cases where this law was used to charge someone and the outcome of such.

Needless to say, I believe I'll be CCing while in NC. I'd hate to be the guinea pig...

BTW, ya'll should visit PA sometime. You'd absolutely LOVE our gun laws up here. Very pro-2A.

I have my PA license issued by Denny Nau. Again, if it wasnt for the snow, PA would be on my list of places to live.

I am considering Arizone or Florida. I believe they both have Stand Your Ground laws.

[eagles350]

I'll admit NC laws don't make the most sense, but It's a lot better than where I come from ( New Jersey )

[JM40.Cal]

Ok I'm gonna make this reply quick and to the point. I might not cover all the questions. First of all, yeah, the laws down here are screwy.

Open carry is generally accepted, and many people (myself included) open carry daily with NO problems. You get people with sour opinions once in a while, but screw 'em. The "going armed to the terror..." crap is just that, crap. If you are holstered properly, you're fine. Anyone who tells you otherwise is wrong.

While you can't carry concealed in a financial institution, you can carry openly, which I have also done with no problem. Again someone might have their opinion, and you can choose to politely educate them or let them know who's business it is. That's the end of it. Pretty silly law though, huh? This comes from the fact that the law specifies a concealed handgun, but says nothing about any other weapon.

Carrying on private property with signs posted isn't a crime in and of itself, but that sign is a statement of the owners policy, so being there and not leaving after being asked to can get you charged with tresspassing. Really a sign doesn't have to be posted at all. If someone tells you to leave for whatever reason, you have to leave. Anyway, it has been generally accepted that if you are carrying in a place with a sign posted, you are NOT breaking the law, but merely going against a policy. That's all up to you.

You're not allowed to carry in places where alcohol is sold AND CONSUMED. Some LEOs will try and tell you that you can't go into a grocery store that sells alcohol...they're wrong. This law, unfortunately, keeps you out of almost every resturant except fast food places. Heck, you can't even go into pizza hut because they serve beer and wine.

The admission crap was mainly for the purpose of keeping weapons out of night clubs and the like. Like it was stated earlier, that should be up to the property owner.

One last thing you need to look out for is city ordinances. They have a small area that they can restrict that's mentioned in the State's pre-emption, which has to do with publically owned buildings and parks. Local laws generally aren't a problem, though.

[PA_SIGpacker]

Originally Posted by CarolinaJohn

I have my PA license issued by Denny Nau. Again, if it wasnt for the snow, PA would be on my list of places to live.

Aw, c'mon. South central PA doesn't get all that much snow. After you hit State College or north of that, then you're in snow country!

Originally Posted by eagles350

I'll admit NC laws don't make the most sense, but It's a lot better than where I come from ( New Jersey )

Well anywhere is an improvement from NJ!!! Good move. I drive in NJ almost daily and HATE the fact that I have ZERO 2A rights.

[PA_SIGpacker]

Originally Posted by JM40.Cal

Ok I'm gonna make this reply quick and to the point....

JM40 - thanks for the reply and good insight. What part of the state do you have experience OCing? Do you know if any counties are more or less pro-2A? There is a possibility I could move to NC one day and I'd be very interested in local 2A issues before making any decisions.

[CarolinaJohn]

Originally Posted by PA_SIGpacker

JM40 - thanks for the reply and good insight. What part of the state do you have experience OCing? Do you know if any counties are more or less pro-2A? There is a possibility I could move to NC one day and I'd be very interested in local 2A issues before making any decisions.

I am not sure what part of the State JM40 is in, but I guarantee that if I go into a bank open carrying in my county, I will have problems. Now I may not be charged, but having some over zealous LEO putting the muzzle of his duty gun in my ear is not what I call a "good day."

And while the opinion may be that "they are wrong if they tell you the Going Armed to the Terror of the Public is not crap," I do not desire some LEOs interpretation of the law causing me to lose one of my firearms for any reason.

While I agree that if you are carrying properly, it should not be an issue, there are times when it could happen. My carry weapons average over 1K a piece and I do not really want to part with them ever.

So rather than say it will be interpreted this way or that way, action should be taken to modify the laws and remove the restrictions that are left to interpretation by LEOs and what they will charge you with.

It is also crap to hide behind the no firearms in places that charge admission being to prevent carrying into a night club. They serve alcoohol and THAT is already restricted. A movie theater is totally different, yet this blanket law down here prevent Law Abiding Citizens from defending themselves in numerous places that DO NOT serve alcohol.

Open carry may be valid and widely accepted in the more rural areas, but I guarantee it isn't gonna fly in the populated areas, especially where I live.

I should be able to carry my firearm into any place that an LEO is permitted to carry. I was charged with the responsibility of obtaining a permit, subjected to a background check and I know I shoot more accurately than about 80-90% of those we pay to defend the public.

So bottom line...on may say that a law is crap and they will not push the issue....but who wants to be that test case to the tune of much money being spent on a lawyer and the loss of a valuable handgun?

The action committees should be foucussed on removing any and all restrictions that prevent the law abiding citizen from having the ability to defend themselves no matter where they are.

[dubccat51]

Originally Posted by PA_SIGpacker

Do you know if any counties are more or less pro-2A? There is a possibility I could move to NC one day and I'd be very interested in local 2A issues before making any decisions.

There is a N.C. Supreme Court decision State vs. Fennell that sayes localities may only regulate the size of the firearm that is openly carried because some idiot got caught with a sawed-off shotgun and tried to say it was his constitutional right to carry it. The Supreme Court disagreed with him but they did affirm the right to keep and bear military size firearms. Therefore, the Peoples Republic of Chapel Hill has a regulation that an openly carried handgun must be over 6" in length because that is a military size firearm. As far as I know that is the only exception in North Carolina. Another NC Supreme Court decision, State vs. Kerner that affirms the right of the individual citizen to openly carry firearms. I too have openly carried and have never had any trouble and there are many people over at opencarry.org that carry on a daily basis in urban areas that have never had any trouble. I agree that we do have some stupid limitations on places firearms may be carried but if you know and follow the law you will not have any trouble in North Carolina and you will not be charged with "going armed to the terror of the public."