New member from Durham, NC...OC dilemma

frogfish · Jul 29, 2012

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!

Grapeshot · Jul 29, 2012

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.

frogfish · Jul 29, 2012

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)

WalkingWolf · Jul 30, 2012

frogfish said:
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.

davidmcbeth · Jul 30, 2012

frogfish said:
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.

frogfish · Jul 30, 2012

davidmcbeth said:
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

FlyBoy276 · Jul 30, 2012

Im a fellow BMWAG, and I haven't had any issues.

frogfish · Jul 30, 2012

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

Motofixxer · Jul 30, 2012

frogfish said:
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:banana:

papa bear · Jul 30, 2012

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

frogfish · Jul 30, 2012

papa bear said:
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.

Grapeshot · Jul 30, 2012

frogfish said:
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/s...am-county-oc-question-about-registration-slip

http://www.co.durham.nc.us/departments/shrf/Operations/Records/Gun_Permits/Gun_Permits.html

dmatting · Jul 31, 2012

frogfish said:
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.

frogfish · Jul 31, 2012

dmatting said:
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

carolina guy · Jul 31, 2012

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?

bc.cruiser · Jul 31, 2012

carolina guy said:
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.

carolina guy · Jul 31, 2012

bc.cruiser said:
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.

Grapeshot · Jul 31, 2012

carolina guy said:
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/s...am-county-oc-question-about-registration-slip

So who wants to be a test case?..:uhoh:

bc.cruiser · Jul 31, 2012

carolina guy said:
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/threads/69992-Text-of-Durham-NC-gun-registration-law
http://www.ncga.state.nc.us/Enacted...TML/BySection/Chapter_15A/GS_15A-1340.23.html
http://library.municode.com/index.aspx?clientId=12650

dmatting · Aug 1, 2012

bc.cruiser said:
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/threads/69992-Text-of-Durham-NC-gun-registration-law
http://www.ncga.state.nc.us/Enacted...TML/BySection/Chapter_15A/GS_15A-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.

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