Page 1 of 2 12 LastLast
Results 1 to 25 of 50

Thread: New member from Durham, NC...OC dilemma

  1. #1
    Regular Member
    Join Date
    Jul 2012
    Location
    Durham, NC
    Posts
    69

    New member from Durham, NC...OC dilemma

    Hello everyone,

    My name is Santosh! Now I have a dilemma when it comes CC or OC. I know I want to carry a handgun to help protect myself if the occasion ever arises. I hunt and fish, sometimes in places that don't always attract the best types of people. I have been around guns most of my life, so they are no stranger to me...I know to never draw and point a firearm unless I intend to use it. My dilemma is due to my skin color. I am of Indian descent (not Native American "indian"...but bollywood, curry, India "indian"). I am born in raised in this great country of ours. Of course, I people of Arabic descent and people of Indian descent look very similar. I also speak with a slight accent. I would prefer to OC, as I feel that OC can prevent a crime from ever happening if the criminal or assailant knows another person is carrying...but I was wondering if I would get unintentionally or...gasp...intentionally harassed due to my brown skin color and appearance if I were to OC. Would i be better off just CC'ing to avoid hysteria?

    BTW, I plan on getting my CHL anyways. Looking forward to your guys input!

  2. #2
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,603
    Welcome to OCDO Santosh/frogfish. Appreciate your stepping up and taking responsibility for your personal safety.

    Think that by and large you may expect few to no problems, but should be prepared "just in case". Learn all you can regarding the laws and application (history) thereof for your area. Attend some meet-n-greets and get some first hand suggestions which I am sure will include carrying a good, downloadable digital recorder. Mine is always on when I am out and about.

    I'm sure that some local people will chime in shortly with positive advice/suggestions.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  3. #3
    Regular Member
    Join Date
    Jul 2012
    Location
    Durham, NC
    Posts
    69
    Thanks for the welcome!

    And to give y'all some more information on who you are talking too, I am a 21-year old. Will be starting my senior year at Duke this fall (BS in Biology), and hopefully go to med school the following fall (top 2 choices are Duke or UNC)

  4. #4
    Regular Member WalkingWolf's Avatar
    Join Date
    Jul 2011
    Location
    North Carolina
    Posts
    12,272
    Quote Originally Posted by frogfish View Post
    Thanks for the welcome!

    And to give y'all some more information on who you are talking too, I am a 21-year old. Will be starting my senior year at Duke this fall (BS in Biology), and hopefully go to med school the following fall (top 2 choices are Duke or UNC)
    You shouldn't have any problems because of your race, but it's always possible I guess. If you OC in Chapel Hill make sure your firearm is six inches or more. That is not barrel length, but measured from the butt to the tip of the barrel. It would take a really small gun to be under this measurement.

  5. #5
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Quote Originally Posted by frogfish View Post
    Thanks for the welcome!

    And to give y'all some more information on who you are talking too, I am a 21-year old. Will be starting my senior year at Duke this fall (BS in Biology), and hopefully go to med school the following fall (top 2 choices are Duke or UNC)
    Good luck with med school ... many biology majors that I met have been unsuccessful in getting into a medical school ... I would suggest you have 3 safety schools. Even folks with 4.0 avgs are finding no school...

    UNC is very tough , just because of its affordability (everyone applies there) and Duke is very hard to get in ... so don't just send in apps to these two.

  6. #6
    Regular Member
    Join Date
    Jul 2012
    Location
    Durham, NC
    Posts
    69
    Quote Originally Posted by davidmcbeth View Post
    Good luck with med school ... many biology majors that I met have been unsuccessful in getting into a medical school ... I would suggest you have 3 safety schools. Even folks with 4.0 avgs are finding no school...

    UNC is very tough , just because of its affordability (everyone applies there) and Duke is very hard to get in ... so don't just send in apps to these two.
    Yea I sent out my primary application about a month ago to 17 different schools lol

  7. #7
    Regular Member
    Join Date
    Oct 2011
    Location
    Raleigh
    Posts
    149
    Im a fellow BMWAG, and I haven't had any issues.

  8. #8
    Regular Member
    Join Date
    Jul 2012
    Location
    Durham, NC
    Posts
    69
    alright, guess I will give OC a shot then Now to pick a handgun...still havent decided, but now I may go for a larger one since i will be OC'ing

  9. #9
    Regular Member Motofixxer's Avatar
    Join Date
    May 2010
    Location
    Somewhere over the Rainbow
    Posts
    971
    Quote Originally Posted by frogfish View Post
    alright, guess I will give OC a shot then Now to pick a handgun...still havent decided, but now I may go for a larger one since i will be OC'ing
    Why settle for one? Just buy at least a couple, a larger frame and a small compact easier to conceal. You gotta have choices
    Click Here for New to WI Open Carry Legal References and Informational Videos--- FAQ's http://Tinyurl.com/OpenCarry-WI

    The Armed Badger A WI site dedicated to Concealed Carry in WI

    "To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788

    http://Tinyurl.com/New-To-Guns to DL useful Info

  10. #10
    Regular Member papa bear's Avatar
    Join Date
    Jul 2010
    Location
    mayberry, nc
    Posts
    2,258
    yes you will be hassled for OC. yes you will be hassled for brown skin. and most probably you will be hassled for OCing with brown skin. but i don't see where that should bother you. it is a birth right from the creator , so carry on.

    i agree multiple guns are better . would you have to register them since you are in durham
    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.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

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

  11. #11
    Regular Member
    Join Date
    Jul 2012
    Location
    Durham, NC
    Posts
    69
    Quote Originally Posted by papa bear View Post
    yes you will be hassled for OC. yes you will be hassled for brown skin. and most probably you will be hassled for OCing with brown skin. but i don't see where that should bother you. it is a birth right from the creator , so carry on.

    i agree multiple guns are better . would you have to register them since you are in durham
    Thats what I am wondering myself, i downloaded the PPP and CHL applications for Durham County, but don't see anything about registering. Maybe a durham resident will enlighten me, or I will have to call the police department and ask.

  12. #12
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,603
    Quote Originally Posted by frogfish View Post
    Thats what I am wondering myself, i downloaded the PPP and CHL applications for Durham County, but don't see anything about registering. Maybe a durham resident will enlighten me, or I will have to call the police department and ask.
    http://www.ncrpa.org/ncgunfaq.htm

    http://forum.opencarry.org/forums/sh...istration-slip

    http://www.co.durham.nc.us/departmen...n_Permits.html
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  13. #13
    Regular Member dmatting's Avatar
    Join Date
    May 2011
    Location
    Durham, NC
    Posts
    443
    Quote Originally Posted by frogfish View Post
    Thats what I am wondering myself, i downloaded the PPP and CHL applications for Durham County, but don't see anything about registering. Maybe a durham resident will enlighten me, or I will have to call the police department and ask.
    I wouldn't recommend calling the cops to answer a question about the law.

    To be completely legal in Durham county, you are supposed to register your handgun. I would never urge anyone to break the law, but there are rumors of some Durham residents who own handguns and have not registered them.

  14. #14
    Regular Member
    Join Date
    Jul 2012
    Location
    Durham, NC
    Posts
    69
    Quote Originally Posted by dmatting View Post
    I wouldn't recommend calling the cops to answer a question about the law.

    To be completely legal in Durham county, you are supposed to register your handgun. I would never urge anyone to break the law, but there are rumors of some Durham residents who own handguns and have not registered them.
    Ok, I see your location says Durham. How do you go about registering the handgun? Any cons to registering? Pardon my ignorance

  15. #15
    Regular Member carolina guy's Avatar
    Join Date
    Jun 2012
    Location
    Concord, NC
    Posts
    1,790

    Outta curiosity

    Since I have never been able to find this alleged law...

    What, exactly, is the penalty for not registering a handgun in Durham County?
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

  16. #16
    Regular Member
    Join Date
    Apr 2011
    Location
    Fayetteville NC
    Posts
    751
    Quote Originally Posted by carolina guy View Post
    Since I have never been able to find this alleged law...

    What, exactly, is the penalty for not registering a handgun in Durham County?

    County ordinances 1-6: If not specifically addressed, will be a Class 3 misdemeanor punishable under GS 15A-1340.23 (depending on priors can be up to 20 days jail) and/or $500 per offense.
    Last edited by bc.cruiser; 07-31-2012 at 07:22 PM.

  17. #17
    Regular Member carolina guy's Avatar
    Join Date
    Jun 2012
    Location
    Concord, NC
    Posts
    1,790
    Quote Originally Posted by bc.cruiser View Post
    County ordinances 1-6: If not specifically addressed, will be a Class 3 misdemeanor punishable under GS 15A-1340.23 (depending on priors can be up to 20 days jail) and/or $500 per offense.
    Ok...does anyone have a link to what this law/ordinance actually says? I cannot find it in NCGS or the municode/amlegal directories. I am willing to bet someone a cup of coffee that it is not on the books anymore, despite what Mr. Cooper's website says.
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

  18. #18
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,603
    Quote Originally Posted by carolina guy View Post
    Ok...does anyone have a link to what this law/ordinance actually says? I cannot find it in NCGS or the municode/amlegal directories. I am willing to bet someone a cup of coffee that it is not on the books anymore, despite what Mr. Cooper's website says.
    Don't bet, I think you would lose.

    From earlier thread on OCDO:
    Yes it is a legal requirement to register any handgun ( this rule does not apply to long guns unless they are machine guns) within Durham. The original law was written into House Bill 566 in 1935, Chapter 157. The rule seemed a little vague as to whether it requires you be a resident or just have possession to be affected by the statue. You must register within 10 days of your purchase or taking ownership. If you sell the item the new buyer is required to register in their name. Failure to do so is considered a misdemeanor.

    On the idea that if you open carry do you need the permit with you. It depends on whether you would like to let local Law Enforcement hold your firearm for 10 days until you appear before them with the registration. The law allows them to confiscate your firearm if you have no proof of registration for a period of ten days, after which they "shall destroy the same within a the year" if you can not produce proof of registration.

    The Clerk can in writing require that you present your firearm for registration ( The clerk of the superior court may in his discretion require that the pistol.........be presented to him for registration")
    DO NOT SHOW UP AT THE COURTHOUSE WITH YOUR FIREARM. IF THEY WANT TO SEE IT THEY WILL SEND YOU A REQUEST IN WRITING!

    With regards to the law being struck down or invalid I have found no proof of that. The "Shephard's North Carolina Citations" show no records of case law regarding this statute. Therefore I assume that it has not been tested in a court of law.

    With regards to the 14-409.40 Uniformity Laws it is clearly stated that "Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution or other enactment, shall regulate in any manner the possession, ownership storage, transfer, sale purchase licensing or registration of firearms, firearms ammunition, components of firearms, dealers in firearms or dealers in handgun components or parts.".

    Durham has been given the authority to require registration per the 1935 HB 566 Chapter 157. For clarification I spoke with John J. Aldridge III (Special Deputy Attorney General) last week and he assured me that this is still a valid law. Attorney General Roy Coopers document "North Carolina Firearms Laws" revised December 2007 also states on page 34 clearly that this is the Attorney Generals understanding.
    See post #9
    http://forum.opencarry.org/forums/sh...istration-slip

    So who wants to be a test case?..
    Last edited by Grapeshot; 07-31-2012 at 09:38 PM.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  19. #19
    Regular Member
    Join Date
    Apr 2011
    Location
    Fayetteville NC
    Posts
    751
    Quote Originally Posted by carolina guy View Post
    Ok...does anyone have a link to what this law/ordinance actually says? I cannot find it in NCGS or the municode/amlegal directories. I am willing to bet someone a cup of coffee that it is not on the books anymore, despite what Mr. Cooper's website says.
    OK carolina guy, read on to your heart's content. First will get you the 1935 law, 2nd the state misdemeanor penalty, and 3rd the county ordinance assigning penalty. Current posted ordinances do not include the old stuff.


    http://www.carolinashootersclub.com/...gistration-law
    http://www.ncga.state.nc.us/EnactedL...A-1340.23.html
    http://library.municode.com/index.aspx?clientId=12650

  20. #20
    Regular Member dmatting's Avatar
    Join Date
    May 2011
    Location
    Durham, NC
    Posts
    443
    Quote Originally Posted by bc.cruiser View Post
    OK carolina guy, read on to your heart's content. First will get you the 1935 law, 2nd the state misdemeanor penalty, and 3rd the county ordinance assigning penalty. Current posted ordinances do not include the old stuff.


    http://www.carolinashootersclub.com/...gistration-law
    http://www.ncga.state.nc.us/EnactedL...A-1340.23.html
    http://library.municode.com/index.aspx?clientId=12650
    Thanks for the first link. I have been looking for that idiotic law for a while.

  21. #21
    Regular Member carolina guy's Avatar
    Join Date
    Jun 2012
    Location
    Concord, NC
    Posts
    1,790
    Quote Originally Posted by Grapeshot View Post
    Don't bet, I think you would lose.

    From earlier thread on OCDO:

    See post #9
    http://forum.opencarry.org/forums/sh...istration-slip

    So who wants to be a test case?..

    Ok. I am still willing to admit that I am being hard headed on this, but I am asking if someone can show me a current link or reference to the law as it is currently on the books in North Carolina.

    Post #9 gives the original state law as "House Bill 566 in 1935, Chapter 157" ... no disputing that. However, when you review Chapter 157 as it is currently written, it makes absolutely no mention of "Durham county" , "firearm", "pistol" or any other key operating word or phrase from the original legislation (as reported in bc.cruisers first link) other than "registration" referring to the sale of bonds. In fact, I believe this is exactly the correct chapter of NCGS as it has this as the opening Title:


    157-1. Title of Article.

    This Article may be referred to as the Housing Authorities Law. (1935, c. 456, s. 1.)

    So...we have the historical reference...but nothing contemporary. Since the state maintains a listing of other laws from 1935 (look to the end of each section and chapter, and you will see the legislative history)...this one should be in place as well-- but it is not.


    Quote Originally Posted by bc.cruiser View Post
    OK carolina guy, read on to your heart's content. First will get you the 1935 law, 2nd the state misdemeanor penalty, and 3rd the county ordinance assigning penalty. Current posted ordinances do not include the old stuff.


    http://www.carolinashootersclub.com/...gistration-law
    http://www.ncga.state.nc.us/EnactedL...A-1340.23.html
    http://library.municode.com/index.aspx?clientId=12650

    The url's for penalties are interesting, but not really important if there is no active state law to apply a violation. I would say that it is akin to seeing something like: "The following is the penalty schedule for illegally hunting Martian's during the Summer Solistice".

    The burden of proof is on the one making the allegation. The Attorney General says the law is still on the books, but I have to cry foul. He provides no informatoin about the content, name, or location that one can find the law as it is currently enacted.
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

  22. #22
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,603
    The VA. General Assembly has a state librarian w/staff who are very good at finding such things. Does NC have such a source to which you might direct this query? Might be a good way to go.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  23. #23
    Regular Member carolina guy's Avatar
    Join Date
    Jun 2012
    Location
    Concord, NC
    Posts
    1,790
    Quote Originally Posted by Grapeshot View Post
    The VA. General Assembly has a state librarian w/staff who are very good at finding such things. Does NC have such a source to which you might direct this query? Might be a good way to go.
    I am starting to think so...or maybe also have GRNC try to add the famous "Chapter 157, Public-Local Laws of 1935, is repealed" in the next session to some bill.

    For the moment...I guess it is a toss-up...do I owe you a cup of coffee or bc.cruiser?
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

  24. #24
    Regular Member WalkingWolf's Avatar
    Join Date
    Jul 2011
    Location
    North Carolina
    Posts
    12,272
    Quote Originally Posted by carolina guy View Post
    I am starting to think so...or maybe also have GRNC try to add the famous "Chapter 157, Public-Local Laws of 1935, is repealed" in the next session to some bill.

    For the moment...I guess it is a toss-up...do I owe you a cup of coffee or bc.cruiser?
    I have been trying to find what happens to a PPP after it is used. If the PPP is returned to the sheriffs office or county clerk with purchase information, all handguns are registered in NC. If that is the case when OP purchases his firearm it will be registered with Durham county as soon as the PPP makes it back. I was under the impression that the dealer keeps the PPP, but never really checked into it till this subject came up.

  25. #25
    Regular Member carolina guy's Avatar
    Join Date
    Jun 2012
    Location
    Concord, NC
    Posts
    1,790

    A bit better research resource

    Found this via the UNC School of Government website: The NC State Government Publications Collection -- specifically, the Session Laws List going back to 1817!

    Now if only my work firewall wouldn't be blocking the applet from loading!! (grrrr)
    Last edited by carolina guy; 08-01-2012 at 03:09 PM.
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •