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chiefjason · Mar 3, 2012

Brevard13 said:
Or am I misunderstanding that.

Less misunderstanding and more not connecting all the dots. For one thing the city CANNOT disallow CC on sidewalks. And section c requires that any property be posted no weapons at the entrance. For another thing, the ordinance is about CC and not OC. Also the parks carry has changed. This is the uniformity for CC.

14‑415.23. Statewide uniformity.
It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun. A unit of local government may adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun, in accordance with G.S. 14‑415.11(c), on local government buildings and their appurtenant premises. A unit of local government may adopt an ordinance to prohibit, by posting, the carrying of a concealed handgun on municipal and county recreational facilities that are specifically identified by the unit of local government. If a unit of local government adopts such an ordinance with regard to recreational facilities, then the concealed handgun permittee may, nevertheless, secure the handgun in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle. For purposes of this section, the term "recreational facilities" includes only the following: a playground, an athletic field, a swimming pool, and an athletic facility. (1995, c. 398, s. 1; 2011‑268, s. 21(b).)

Now, the question is; do they understand our right to OC? That's still in question. But they cannot prohibit CC on sidewalks. So it makes me feel that this does not apply to sidewalks. Now, they can by statute restrict OC on sidewalks but they would need a specific statute to do it. Also, you need to differentiate between public and private sidewalks. That can get tough. Downtown is likely public. But shopping centers are private. So this has no bearing whatsoever on private property. And "appurtenant premises" is generally considered the area directly around the building; ie grounds and parking lot. For a good read on some of the park carry issues.

http://sogweb.sog.unc.edu/blogs/ncclaw/?p=2913

Kind of rambling, hope it makes sense. IANAL bla bla.

ArmySoldier22 · Mar 3, 2012

Shimmer said:
1) Dress nicely: Appearance is everything. How you dress can make your appearance range from threatening and intimidating to easygoing and assuring. I personally dress quite conservatively when I open carry, from jeans and a nice button up shirt, to shirt and tie, depending on how important it is for me to look the part.

While that's good advice, and I know people that dress up everytime they leave their house just because it makes them feel more comfortable to OC. You also shouldn't let your attire dictate whether or not you're going to defend yourself. Whether I'm in Jeans and a t-shirt or wearing shorts, I OC every day and have never had a problem with LEOs

dashowdy · Mar 3, 2012

ArmySoldier22 said:
While that's good advice, and I know people that dress up everytime they leave their house just because it makes them feel more comfortable to OC. You also shouldn't let your attire dictate whether or not you're going to defend yourself. Whether I'm in Jeans and a t-shirt or wearing shorts, I OC every day and have never had a problem with LEOs

Exactly I think one of the other members on here said it best, if you wanna open carry looking like dee snider from twisted sister go right ahead.

drew9 · Mar 3, 2012

ArmySoldier22 said:
While that's good advice, and I know people that dress up everytime they leave their house just because it makes them feel more comfortable to OC. You also shouldn't let your attire dictate whether or not you're going to defend yourself. Whether I'm in Jeans and a t-shirt or wearing shorts, I OC every day and have never had a problem with LEOs

Everyone has their own belief system on how to dress when carrying, or how not to

I generally wear jeans or any kind of belted pants because my current holster clips to my belt. Other than that... Meh. Its pretty much wear what you feel comfortable in. Belts are a general must for me because of extra mags, multitool, etc. I havent decided on summer attire yet. Probably belted shorts, a hawaiian(spelling?) shirt, or something less loud hehe. I like being cool, comfortable, and prepared

ArmySoldier22 · Mar 3, 2012

dashowdy said:
Exactly I think one of the other members on here said it best, if you wanna open carry looking like dee snider from twisted sister go right ahead.

Lol yep. I don't think there's anything wrong with dressing up to OC, it does give a more professional look. But I don't let my attire dictate whether I'm carrying or not.

Brevard13 · Mar 3, 2012

chiefjason said:
Less misunderstanding and more not connecting all the dots. For one thing the city CANNOT disallow CC on sidewalks. And section c requires that any property be posted no weapons at the entrance. For another thing, the ordinance is about CC and not OC. Also the parks carry has changed. This is the uniformity for CC.

14‑415.23. Statewide uniformity.
It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun. A unit of local government may adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun, in accordance with G.S. 14‑415.11(c), on local government buildings and their appurtenant premises. A unit of local government may adopt an ordinance to prohibit, by posting, the carrying of a concealed handgun on municipal and county recreational facilities that are specifically identified by the unit of local government. If a unit of local government adopts such an ordinance with regard to recreational facilities, then the concealed handgun permittee may, nevertheless, secure the handgun in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle. For purposes of this section, the term "recreational facilities" includes only the following: a playground, an athletic field, a swimming pool, and an athletic facility. (1995, c. 398, s. 1; 2011‑268, s. 21(b).)

Now, the question is; do they understand our right to OC? That's still in question. But they cannot prohibit CC on sidewalks. So it makes me feel that this does not apply to sidewalks. Now, they can by statute restrict OC on sidewalks but they would need a specific statute to do it. Also, you need to differentiate between public and private sidewalks. That can get tough. Downtown is likely public. But shopping centers are private. So this has no bearing whatsoever on private property. And "appurtenant premises" is generally considered the area directly around the building; ie grounds and parking lot. For a good read on some of the park carry issues.

http://sogweb.sog.unc.edu/blogs/ncclaw/?p=2913

Kind of rambling, hope it makes sense. IANAL bla bla.

Actually, to be honest it made no sense to me whatsoever. If the city owns and maintains a sidewalk the technically that is city property. I still can't find anything else on guns or "dangerous weapons"

Kivuli · Mar 3, 2012

GATTOTP is a very straightforward common law that a lot of people on both sides of the thin blue line don't seem to understand fully. As far as Open Carry goes, it doesn't apply. If a LEO charges you with it and all you were doing was going about your law-abiding business with an openly carried sidearm, it won't stick. So don't worry about it.

The elements are four, and all MUST be present.

1. Armed with a dangerous and unusual weapon - (a gun counts)
2. With intent to cause terror - (the part that OCers don't fit)
3. Go about on public highways - (the part that OCers do)
4. In a manner to cause terror to others - (Almost never fits, but a liberal interpretation might include someone seeing your gun and getting scared)

So welcome to OCDO, and carry on.

chiefjason · Mar 4, 2012

Brevard13 said:
Actually, to be honest it made no sense to me whatsoever. If the city owns and maintains a sidewalk the technically that is city property. I still can't find anything else on guns or "dangerous weapons"

It's kind of a convoluted point, maybe I can pare it down and stay on track. First, the statute you listed only talks about CC. Cities cannot restrict CC on sidewalks. So even if they meant sidewalks were city property, state statutes preempts them from restricting it. In order to restrict OC, the statute would need to specifically mention OC. Section "a" of your statute only refers to CC

Also, glad I reread and caught this. The town defines "building" and "property" with 14-54 (c)

14‑54. Breaking or entering buildings generally.
(a) Any person who breaks or enters any building with intent to commit any felony or larceny therein shall be punished as a Class H felon.
(b) Any person who wrongfully breaks or enters any building is guilty of a Class 1 misdemeanor.
(c) As used in this section, "building" shall be construed to include any dwelling, dwelling house, uninhabited house, building under construction, building within the curtilage of a dwelling house, and any other structure designed to house or secure within it any activity or property.

Therefore, the city does not define a sidewalk as part of this statute. This refers to buildings mostly. The city expands it to include appurtenant premises (the direct grounds of those buildings to include parking lots and possibly sidewalks ON THE GROUNDS). No more.

Unless you can find a statute stating the OC is illegal on a public sidewalk, it seems it would be legal. FWIW, Cary and Chapel Hill are the only towns I know of that push this issue. Cary has an outright ban on public owned sidewalks. Chapel Hill has a size restriction, no handguns under 6" can be OC'd. Again IANAL. You'll have to make the final call on what you believe the law says.

Brevard13 · Mar 6, 2012

Sahib0120 said:
Welcome to the forums!

I live in the Weaverville area, so I mostly carry around there and the Asheville area too when I go to town. Have had a few strange looks from people when carrying, but no encounters yet. A couple years ago, there were a few of us on the forums who had an Asheville OC meet. We mostly walked around in the downtown area with no problems.

One good thing is the BC Sheriff's office is pretty OC friendly. I contacted their training officer a few years ago when I was first learning about OC, and he said their deputies are schooled in the carry laws, and know that OC is perfectly legal.

Thanks. I did security work in Hillcrest and the other parts of the "ghetto" most of the time the cops were sad to say dicks, however, with the amount of crap they have to put up with from what seemed to be the same people i could see why.

chiefjason said:
Friendly advice. Do the research yourself and make your own decisions when possible. Asking folks that may not like guns if you can OC will probably get you a "no" whether they know anything or not. Check the Hendersonville ordinances here. Not every city posts theirs online, but if they do Municode usually has it.

http://www.municode.com/Library/NC/Hendersonville

I wish I had seen this link before I trolled the nets and stumbled upon it myself. Would have definitely saved me alot of time. The guy whom I asked is very, very pro gun. He was very honest when he said he wasn't 100% sure.

chiefjason said:
It's kind of a convoluted point, maybe I can pare it down and stay on track. First, the statute you listed only talks about CC. Cities cannot restrict CC on sidewalks. So even if they meant sidewalks were city property, state statutes preempts them from restricting it. In order to restrict OC, the statute would need to specifically mention OC. Section "a" of your statute only refers to CC

Also, glad I reread and caught this. The town defines "building" and "property" with 14-54 (c)

14‑54. Breaking or entering buildings generally.
(a) Any person who breaks or enters any building with intent to commit any felony or larceny therein shall be punished as a Class H felon.
(b) Any person who wrongfully breaks or enters any building is guilty of a Class 1 misdemeanor.
(c) As used in this section, "building" shall be construed to include any dwelling, dwelling house, uninhabited house, building under construction, building within the curtilage of a dwelling house, and any other structure designed to house or secure within it any activity or property.

Therefore, the city does not define a sidewalk as part of this statute. This refers to buildings mostly. The city expands it to include appurtenant premises (the direct grounds of those buildings to include parking lots and possibly sidewalks ON THE GROUNDS). No more.

Unless you can find a statute stating the OC is illegal on a public sidewalk, it seems it would be legal. FWIW, Cary and Chapel Hill are the only towns I know of that push this issue. Cary has an outright ban on public owned sidewalks. Chapel Hill has a size restriction, no handguns under 6" can be OC'd. Again IANAL. You'll have to make the final call on what you believe the law says.

That was easier for my hillbilly brain to understand

. I still haven't seen any statute online that says it is or isn't legal. The only thing I have found was what I have posted. Thanks for the help!

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chiefjason

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ArmySoldier22

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dashowdy

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drew9

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ArmySoldier22

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Brevard13

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Kivuli

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chiefjason

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Brevard13

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