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Thread: traveling from VA to NC, non resi. open carry ok?

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    traveling from VA to NC, non resi. open carry ok?

    i'm new to the whole open carry comm. (pause for newb wave), you guys can thank bobcav for turning me on to the forum also

    i'm making my yearly trip to the OBX the begining of next month and i would like to open carry on the road part of my trip. i'm leaving NOVA around 9pm(late flight back for alaska and i'm hopping right in the jeep to roll out). my jeep LOVES to shed perfectly good parts as i drive down the road and i would like to be prepared for anything along my trip including bad guys or zombies, i already have a full blown tool kit in the back but throwing sockets at bad guys doesn't sound like a good plan.

    now to the main question, can i legally open carry my FN when i cross over in to NC even thou i'm not a NC resident or a VA CCP holder? i have seen many a person open carrying in NC but i'm not sure if i'm legally able to open carry when traveling down there.

    can any of you guys shed some light on this?

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    Regular Member wylde007's Avatar
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    Exclamation

    This is a question better asked in the NC forum, but "yes" is the answer. NC (exception: Raleigh) has open-carry without a permit but it is ILLEGAL to enter ANY ESTABLISHMENT which serves alcohol for on premises consumption with a firearm, OC or permitted CC. Period.

    Enjoy your trip.
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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by wylde007 View Post
    This is a question better asked in the NC forum, but "yes" is the answer. NC (exception: Raleigh) has open-carry without a permit but it is ILLEGAL to enter ANY ESTABLISHMENT which serves alcohol for on premises consumption with a firearm, OC or permitted CC. Period.

    Enjoy your trip.
    Also be aware that they have a carry at the terror of the public law. It's like our brandishing statute on steroids.
    I live on the line and carry fairly often in NC without ever having a problem.
    Last edited by peter nap; 06-05-2012 at 02:58 PM.

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    Regular Member ocholsteroc's Avatar
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    Quote Originally Posted by peter nap View Post
    Also be aware that they have a carry at the terror of the public law. It's like our brandishing statute on steroids.
    I live on the line and carry fairly often in NC without ever having a problem.



    I always thought you where NOVA...


    Yeah NC laws are different just look out.
    How come a DUI you can get your driver licence back, which it is a privilege. But if commiting a felon, even something non violent like stealing, you are denied your constitutional rights for the rest of your life?
    If you don't support the Second Amendment to the Constitution, what other parts of the Constitution do you reject?
    More restrictions on guns? how about restrictions on chainsaws and knives?

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by ocholsteroc View Post
    I always thought you where NOVA...
    Thems fighting words!

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    Regular Member ocholsteroc's Avatar
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    Quote Originally Posted by peter nap View Post
    Thems fighting words!
    Sorry
    How come a DUI you can get your driver licence back, which it is a privilege. But if commiting a felon, even something non violent like stealing, you are denied your constitutional rights for the rest of your life?
    If you don't support the Second Amendment to the Constitution, what other parts of the Constitution do you reject?
    More restrictions on guns? how about restrictions on chainsaws and knives?

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    Lone Star Veteran DrMark's Avatar
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    Quote Originally Posted by ocholsteroc View Post
    I always thought you where NOVA...

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    Regular Member Dreamer's Avatar
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    Quote Originally Posted by peter nap View Post
    Also be aware that they have a carry at the terror of the public law. It's like our brandishing statute on steroids.
    I live on the line and carry fairly often in NC without ever having a problem.

    Actually, the GAttTotP violation is nothing at all like VA's "Brandishing" statute...

    VA's statute is clearly-defines, specific, is often used as a "stand alone" charge, and is almost ALWAYS applied in a an appropriate, lawful and rational manner (with a few GLARING exceptions...)

    NC's "GAttTotP" violation is NOT defined by statute (it is a civil violation based on case law), is almost NEVER used as a "stand-alone" charge (it's almost always used as a "piling on" charge in cases where a firearm is used in a particularly stupid, egregiously threatening, or intentionally dangerous manner), almost NONE of the LEOs in the state actually understand how this case-law violation is actually defined and applied so they tend to throw it around in non-applicable situations as a tool to threaten lawful OCers, and I can't think of a SINGLE instance in the last decade in NC where it was actually successfully prosecuted against a lawful OCer, despite what many LEOs seem to believe they can do with it (DAs usually end up tossing the charges because it is not applicable to a lawfully-carried firearm that is not being used in an illegal or intentionally threatening manner)

    All that said, we ARE making huge strides in getting LEAs up to speed on what "GAttTotP" really means, and how it was intended to be applied. Although a lot of CHP instructors (many of whom are retired LEOs) still perpetuate the anti-OC urban myths about it, and although a few scoff-law LEAs still have cultures that foster this sort of thuggish behavior among their ranks, there are VERY few lawful OCers being threatened--let alone CHARGED--with GAttTotP these days in NC.

    Perhaps the lawsuits that some of the agencies have had to pay out regarding wrongful arrest and civil rights violations have started to have a positive effect.

    So, to the OP, if you are not a prohibited person, it IS legal for you to OC in NC, with a few restrictions.

    You can NOT carry in establishments that serve alcohol.
    You cannot carry in theaters or any establishment or event that charges admission.
    You can't carry at funerals, parades, or demonstrations on State or municipal property, or demonstrations upon health care facilities.
    You can't carry in most government buildings (including many libraries).
    And if you're going to OC in your car, your firearm needs to be in "plain view"--NOT in a holster on your hip (unless you have a Concealed Carry Permit, and a VA permit IS recognized in NC. Since you don't have a CA PCCH, you'd better make sure your handgun is in "plain view" while in the car)
    And you can't have loaded long guns in your vehicle where they are accessible from the passenger compartment.

    If you're going on vacation in NC, I'd suggest getting a small portable safe of some sort, with a cable lock to secure it to your vehicle. There are a lot of "tourist" places you can't carry like restaurants, theaters, and State Parks, so you'll want to be sure your firearm is secure from theft when you are forced to leave it in the vehicle.

    Good luck, and Carry On!
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    Regular Member ryan7068's Avatar
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    I had OCed for about 4 months in VA before I took a road trip to Greensboro NC to pick up a car from a dealership. It was the first time a single person made referrence to my sidearm. ""Are you a police officer or something?""
    "Yes, I am carrying a loaded firearm. Why aren't you? "

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    Regular Member Dreamer's Avatar
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    Quote Originally Posted by wylde007 View Post
    This is a question better asked in the NC forum, but "yes" is the answer. NC (exception: Raleigh) has open-carry without a permit but it is ILLEGAL to enter ANY ESTABLISHMENT which serves alcohol for on premises consumption with a firearm, OC or permitted CC. Period.

    Enjoy your trip.

    OC is 100% legal in Raleigh without a permit. I have OCed there dozens of times, before I got my CHP, and after, and having a permit has never entered into it...

    Cary has a sketchy OC ordinance, which is essentially toothless as long as you are not walking in the street or on city-owned property.

    And Chapel Hill prohibits the carry of ANY gun that is smaller than an "overall length of 6 inches".

    Other than that, no cities may prohibit lawful OC, except in City Parks or recreational facilities, per the new law that recently went into effect...
    Last edited by Dreamer; 06-05-2012 at 10:13 PM.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    Regular Member wylde007's Avatar
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    Thumbs up

    Quote Originally Posted by Dreamer View Post
    OC is 100% legal in Raleigh without a permit. I have OCed there dozens of times, before I got my CHP, and after, and having a permit has never entered into it...

    Cary has a sketchy OC ordinance, which is essentially toothless as long as you are not walking in the street or on city-owned property.
    Perhaps it was the frequency of arrest on GATToP in Raleigh?

    I stand corrected, and had heard that Cary was one of those "other" places.
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    You guy's rock!

    thank you all for the replies! you guys rock!

    i dont plan on carrying while i'm down there because i'll be consuming adult beveies and i'll be surfing or fishing most of the time, just on the road trip to and from the beach. the gun will be locked up in a mini safe in the house where the kids cant find it. i also have a tuffy under seat lock box coming for the jeep before i go(if you own a wrangler i HIGHLY recommend checking em out).

    i dont make many stops on that road trip anymore, gas just past richmond, gas around the nc boarder(have you figured out i get horrible gas milage yet ) , besides that it's bathroom breaks for the wife.

    which brings up another question, is it legal to OC at a virginia or NC reststops?

  13. #13
    Regular Member zoom6zoom's Avatar
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    Gee, next time in Cary I'll have to remember to bring my Dan Wesson with the eight inch barrel. I wouldn't want them to have to stop and measure it.

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    Regular Member papa bear's Avatar
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    rest stops , yes

    edit; forgot to add if you conceal you must notify when addressed by an LEO. of course that is if they directly address you. if you are not concealed then you don't

    if you lock it in a box it not considered concealed. it is only in reach but out of sight that is concealed
    Last edited by papa bear; 06-06-2012 at 08:56 PM.
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

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    i you call a CHP a CCW then you are really stupid. period.

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    Regular Member The Airframer's Avatar
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    North Carolina is my home, and I am back and forth across the line often. I have never had a problem OC'ing there but they are a little more stringent on where you can carry. I completely disagree with the entire law on their books that makes it illegal to carry in any establishment that sells and serves alcohol. I chose to not eat out in NC for this very reason. I know Cary has some stupid city ordinances too, you'd be best to drive right around the People's Republic of Cary. Don't forget, you can't enter any establishment that charges a fee for admission either.
    It's better to have it and not need it then to need it and not have it...

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