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

cptstoney

Regular Member
Joined
Jun 4, 2012
Messages
75
Location
fairfax
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?
 

wylde007

Regular Member
Joined
Jan 23, 2009
Messages
3,035
Location
Va Beach, Occupied VA
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.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
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.
 
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Dreamer

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Joined
Sep 23, 2009
Messages
5,360
Location
Grennsboro NC
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!
 

ryan7068

Regular Member
Joined
Apr 8, 2011
Messages
185
Location
Chesapeake, VA
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?"" :cool:
 

Dreamer

Regular Member
Joined
Sep 23, 2009
Messages
5,360
Location
Grennsboro NC
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...
 
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wylde007

Regular Member
Joined
Jan 23, 2009
Messages
3,035
Location
Va Beach, Occupied VA
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.
 

cptstoney

Regular Member
Joined
Jun 4, 2012
Messages
75
Location
fairfax
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?
 

papa bear

Regular Member
Joined
Jul 25, 2010
Messages
2,222
Location
mayberry, nc
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
 
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The Airframer

Regular Member
Joined
Mar 3, 2012
Messages
171
Location
Virginia Beach
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:banghead:. 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.
 
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