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Thread: OC in Durham NC

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    OC in Durham NC

    I recently started OCing my Glock 17...I have OCed in ALL parts of durham and not had a single issue...the one time I OCed in Chapel Hill though a lot of people freaked out..

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    Your lucky you did not get picked up in Chapel Hill. They have a city ordinance against open carry. Also you had better chack the laws for Durham and Cary. It is better to do your research than to lose your privilege to carry.

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    Regular Member J_Oliver's Avatar
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    http://forum.opencarry.org/forums/sh...ad.php?t=98717

    I had similar questions about the ordinances in Chapel hill a few months back and I think the thread I referenced might help a little. I grew up in chapel hill and work there now, so I OC all the time and have yet to have an issue. I know most of the senior officers there and have known them for 10+ years, so I know they take their jobs and the law seriously while remaining rational and personable.

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    Last time I checked, the laws that they had in Chapel Hill and Cary that kept us from open carry is voided since the beginning of this year. That what the NRA said. Correct me if I am wrong.

    Quote Originally Posted by kunclebuc View Post
    Your lucky you did not get picked up in Chapel Hill. They have a city ordinance against open carry. Also you had better chack the laws for Durham and Cary. It is better to do your research than to lose your privilege to carry.

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    Regular Member WalkingWolf's Avatar
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    Chapel Hill has a ordinance that has minimum size requirements. Cary had a ordinance making it illegal to display a firearm on city property. I don't know if there have been any cases that cleared up what displaying means.

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    Regular Member dmatting's Avatar
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    Quote Originally Posted by SevenSlugs View Post
    I recently started OCing my Glock 17...I have OCed in ALL parts of durham and not had a single issue...the one time I OCed in Chapel Hill though a lot of people freaked out..
    Except for one single blowhard who tried to give me a hard time about it, I have had either no comments at all (usually the case), neutral comments (usually asking what kind of gun it is) or positive comments. I've even carried in hippie central Whole Foods on Broad St. near Duke with no problems.

    I have yet to carry in Chapel Hill, but I really don't have any reason to go down there.

    Quote Originally Posted by kunclebuc
    Your lucky you did not get picked up in Chapel Hill. They have a city ordinance against open carry. Also you had better chack the laws for Durham and Cary. It is better to do your research than to lose your privilege to carry.
    I keep seeing people post about the restrictions on open carry in Durham. I am baffled as to what these are. I can certainly understand why someone would want to avoid Durham. I would like to pick up my house and move it to a different county, but that's another story...

    I open carry in Durham everyday - the entire county North to South, East to West. I have had no problems and have carried in the presence of both Durham city police and Durham county deputies. If someone can provide a link to these nefarious municipal codes or ordinances, rather than just say that they hear tell of problems up yonder in Durham, that would be great.

    There is that little tidbit about Durham residents being required to register their handguns, but I doubt many of them comply.

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by dmatting View Post
    Except for one single blowhard who tried to give me a hard time about it, I have had either no comments at all (usually the case), neutral comments (usually asking what kind of gun it is) or positive comments. I've even carried in hippie central Whole Foods on Broad St. near Duke with no problems.

    I have yet to carry in Chapel Hill, but I really don't have any reason to go down there.


    I keep seeing people post about the restrictions on open carry in Durham. I am baffled as to what these are. I can certainly understand why someone would want to avoid Durham. I would like to pick up my house and move it to a different county, but that's another story...

    I open carry in Durham everyday - the entire county North to South, East to West. I have had no problems and have carried in the presence of both Durham city police and Durham county deputies. If someone can provide a link to these nefarious municipal codes or ordinances, rather than just say that they hear tell of problems up yonder in Durham, that would be great.

    There is that little tidbit about Durham residents being required to register their handguns, but I doubt many of them comply.
    I have open carried in Chapel Hill, Durham, Cary, as well as Raleigh with no problems. Though it has been sometime since I have been in those towns as I have stopped driving commercially. The only place I expected problems was Cary, but really the way towns are laid out, few sidewalks, shopping is done from mostly shopping centers it is pretty easy to avoid city property. And IMO display is not the same as Open Carry or the law would have been struck down by now. Now finding fine dining restaurants that do not serve alcohol is another problem altogether.

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    Regular Member Dreamer's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    And IMO display is not the same as Open Carry or the law would have been struck down by now. Now finding fine dining restaurants that do not serve alcohol is another problem altogether.

    Not to be flippant, but your opinion on the interpretation of "display" doesn't really carry much weight unless you are wearing a black robe and sitting on the Bench in NC...


    I can't speak to how the courts interpret "display" in NC, but I know in MD, there are also municipalities that have "no display of firearms" ordinances, and they mean "nobody can see a firearm in public". Period. Even the gun stores are not exempt, and they must NOT have any firearms on display in their store that are visible from the street or sidewalk.

    If someone wants to volunteer to be the "Test case" for Chapel Hill, please feel free. I'll be making popcorn...
    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."
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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by Dreamer View Post
    Not to be flippant, but your opinion on the interpretation of "display" doesn't really carry much weight unless you are wearing a black robe and sitting on the Bench in NC...


    I can't speak to how the courts interpret "display" in NC, but I know in MD, there are also municipalities that have "no display of firearms" ordinances, and they mean "nobody can see a firearm in public". Period. Even the gun stores are not exempt, and they must NOT have any firearms on display in their store that are visible from the street or sidewalk.

    If someone wants to volunteer to be the "Test case" for Chapel Hill, please feel free. I'll be making popcorn...
    Chapel Hill does not have the display law, Cary does. The state courts have already ruled that local government cannot preempt open carry, so the display law is unconstitutional under NC constitution and court rulings. It probably is the reason nobody is being cited for 'display'. People open carry in Cary and Chapel Hill. Yes some people seem intimidated by the ordinance, we just don't have a problem here with arrests on open carry. I have in about every corner of the state, I have stopped on the highway with my commercial truck open carrying IN Cary, and being passed by police cars, they didn't even slow down. If you call the cops here with MWAG most times the dispatcher will tell you it is perfectly legal. Hell they won't even answer shots fired calls outside the city.
    Last edited by WalkingWolf; 06-18-2012 at 07:38 PM.

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    Regular Member carolina guy's Avatar
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    I think there is a pretty big loop hole...

    Quote Originally Posted by WalkingWolf View Post
    Chapel Hill does not have the display law, Cary does. The state courts have already ruled that local government cannot preempt open carry, so the display law is unconstitutional under NC constitution and court rulings. It probably is the reason nobody is being cited for 'display'. People open carry in Cary and Chapel Hill. Yes some people seem intimidated by the ordinance, we just don't have a problem here with arrests on open carry. I have in about every corner of the state, I have stopped on the highway with my commercial truck open carrying IN Cary, and being passed by police cars, they didn't even slow down. If you call the cops here with MWAG most times the dispatcher will tell you it is perfectly legal. Hell they won't even answer shots fired calls outside the city.
    From: http://www.amlegal.com/nxt/gateway.d...mlegal:cary_nc


    Sec. 22-51. Prohibition of the carrying and display of handguns, firearms and other weapons at certain public locations.

    (a) Concealed handguns.

    (1) Possession prohibited. No person shall carry a concealed handgun in town-owned buildings, on the appurtenant premises of those buildings, or in town recreational facilities as defined by G.S. 14-415.23, which are all town playgrounds, athletic fields and athletic facilities. A list of recreational facilities shall be set out in a Schedule of Recreational Facilities at which Concealed Handguns are Prohibited which shall be updated as necessary and retained permanently in the office of the Director, Parks, Recreation and Cultural Resources. Notwithstanding the foregoing, nothing in this section shall prohibit a concealed handgun permittee from securing the handgun within an enclosed compartment of a locked motor vehicle.

    (2) Posting required. The director of public works or designee is hereby authorized and instructed to post conspicuous signage at appropriate locations on or within each recreational facility and each building and the grounds and parking areas of such buildings owned, leased as lessee, operated, occupied, managed or controlled by the town, as well as any other appurtenant premises to such buildings, indicating that carrying a concealed handgun on the properties and locations described in this section is prohibited therein and thereon unless specifically permitted or authorized by state law or the provisions of the town's code of ordinances. The director of public works or designee shall exercise discretion in determining the number and appropriate location of signs to be placed.


    (b) Other firearms and weapons. No person shall display any firearm or other deadly weapon as defined in G.S. 14-269(a), or any knife having a blade of three inches or longer, BB gun, air gun, paintball gun, airsoft gun, bow and arrow or any type of lethal weapon, while on any public street, alley, sidewalk or other public property within the town, including town greenways, unless specifically permitted or authorized by law. No person shall carry or have possession of a knife having a blade of three inches or longer, a BB gun, air gun, paintball gun, airsoft gun, bow and arrow or any type of lethal weapon in any park, including town greenways. This subsection (b) is not applicable to concealed handguns, which are governed by subsection (a) above.

    (c) Exceptions. The possession or display of a firearm or other weapon is exempt from the provisions of this section 22-51 in the following situations:

    (2) If the possession or display of the firearm, or other weapon, was the result of an individual(s) exercising his or her legitimate right to self defense or the defense of others as allowed by law.


    It sure seem to me (IANAL) that they have just allowed you to carry anywhere in Cary that is not otherwise prohibited by State or Federal law. :-)
    Last edited by carolina guy; 06-22-2012 at 01:05 PM.

  12. #12
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by carolina guy View Post

    (2) If the possession or display of the firearm, or other weapon, was the result of an individual(s) exercising his or her legitimate right to self defense or the defense of others as allowed by law.[/INDENT]


    It sure seem to me (IANAL) that they have just allowed you to carry anywhere in Cary that is not otherwise prohibited by State or Federal law. :-)
    It would depend a lot on what the courts considered exercising self defense... But I don't worry about it, I have not seen a mass movement on Cary Police to round up Open Carry people. Considering the outlay of Cary most times it is kinda difficult to open carry and not be on private property, unless you consider downtown Cary. Most of Cary anymore consists of shopping centers and private housing developments, all outside the scope of the Cary ordinance. They probably would not have the ordinance if not for the whining Yankees.

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    Regular Member carolina guy's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    It would depend a lot on what the courts considered exercising self defense... But I don't worry about it, I have not seen a mass movement on Cary Police to round up Open Carry people. Considering the outlay of Cary most times it is kinda difficult to open carry and not be on private property, unless you consider downtown Cary. Most of Cary anymore consists of shopping centers and private housing developments, all outside the scope of the Cary ordinance. They probably would not have the ordinance if not for the whining Yankees.


    Quite true. I think with the latest SCOTUS ruling that the 2A specifically allows for self defense, applies to the people, and the states must abide by the 2A -- the ordinance seems rather toothless at this point.
    Last edited by carolina guy; 06-22-2012 at 02:28 PM.

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    Quote Originally Posted by dmatting View Post
    Except for one single blowhard who tried to give me a hard time about it, I have had either no comments at all (usually the case), neutral comments (usually asking what kind of gun it is) or positive comments. I've even carried in hippie central Whole Foods on Broad St. near Duke with no problems.

    I have yet to carry in Chapel Hill, but I really don't have any reason to go down there.


    I keep seeing people post about the restrictions on open carry in Durham. I am baffled as to what these are. I can certainly understand why someone would want to avoid Durham. I would like to pick up my house and move it to a different county, but that's another story...

    I open carry in Durham everyday - the entire county North to South, East to West. I have had no problems and have carried in the presence of both Durham city police and Durham county deputies. If someone can provide a link to these nefarious municipal codes or ordinances, rather than just say that they hear tell of problems up yonder in Durham, that would be great.

    There is that little tidbit about Durham residents being required to register their handguns, but I doubt many of them comply.
    Yes..Durham has been great for OCing so far..I open carried on 9th street near Duke the other day and 2 officers on bikes went right past me and just nodded at me..I have had absolutely zero issues in Durham..

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