New member from Durham, NC...OC dilemma

Grapeshot said:

Don't bet, I think you would lose.

From earlier thread on OCDO:

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:

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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So...we have the historical reference...but nothing contemporary.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.

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

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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.

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.

Grapeshot said:

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.

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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?

carolina guy said:

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?

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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.

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)

WalkingWolf said:

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.

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I find nowhere that the PPP is returned to the sheriff. With a private sale, or receiving a gun by mail or other delivery, you must only show it; a dealer collects it for his records. The sheriff only keeps track of to whom and when PPPs were issued. Dealer records are open to inspection, but transfer records are not supplied to the sheriff.

carolina guy said:

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?

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Not to me; but if you get this thing defined, I'll buy you one.

Ok, lets say i get my PPP, and buy a handgun from a private party. How do I register? Do I just walk into the courthouse (without the firearm) and say I want to register a handgun?

Here's what I see happened:

1. A law was passed specifically providing for registration in Durham county (HB 566, 1935).
2. A state pre-emption law was passed in the house in(HB879 1995), which included a repeal of HB566. This was then sent to the senate.
3. Editions 2 and 3 of HB879 still included the repeal of HB566; the final, and ratified version of HB879 (SL 1995-727), did not contain the repeal of HB566.
4. Without a repeal, the previous law remains in effect.

I expect there was some under the table dealing when this happened.
Also, Ch 157 of 1935 Public Laws is not the same thing as Chapter 157 of the NCGS.

I am black and OC in Durham..which has a fairly high crime rate..and Ilve had zero issues whatsoever...one police officer even smiled and waived to me from his squad car when he saw me OCing on a populated street.

Sent from my SGH-T839 using Tapatalk 2

And I OC everywhere and anywhere that it is legal....everyday....I am in process of getting my conceal carry paperwork together since I just took the CC course and completed it...but I honestly can't imagine what would compell me to CC over OC

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carolina guy said:

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)

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Thanks for your link - I'm in, but no better off.

See page #17 of Captions of the Public-Local Laws, SESSION 1935
http://digital.ncdcr.gov/cdm4/document.php?CISOROOT=/p249901coll22&CISOPTR=295736&CISOSHOW=294732

Chapter 157, page 138
An Act to provide for registration of pistols and similar firearms
by owners thereof in Durham County

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Still just the title - no link to body of the statute

Maybe you will have better luck.

Grapeshot said:

Thanks for your link - I'm in, but no better off.

See page #17 of Captions of the Public-Local Laws, SESSION 1935
http://digital.ncdcr.gov/cdm4/document.php?CISOROOT=/p249901coll22&CISOPTR=295736&CISOSHOW=294732

Still just the title - no link to body of the statute

Maybe you will have better luck.

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I will see what happens when I get home...traffic willing!

SevenSlugs said:

And I OC everywhere and anywhere that it is legal....everyday....I am in process of getting my conceal carry paperwork together since I just took the CC course and completed it...but I honestly can't imagine what would compell me to CC over OC

Sent from my SGH-T839 using Tapatalk 2

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Winter with a winter jacket?

SevenSlugs said:

And I OC everywhere and anywhere that it is legal....everyday....I am in process of getting my conceal carry paperwork together since I just took the CC course and completed it...but I honestly can't imagine what would compell me to CC over OC

Sent from my SGH-T839 using Tapatalk 2

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There is only one advantage to CC over OC, I do not recommend it though I know some who do it. CC without a permit is a felony, BUT CC in a restricted venue is only a misdemeanor with a permit. Basically I am talking about restaurants that serve alcohol and theaters. There may be in the future legal carry in restaurant with a privilege permit. I would rather adjust my behavior to stay legal than risk any legal entanglement. I only OC and let my privilege card expire. I still will not get one even if restaurant carry gets passed with a privilege card. In fact I have fears that if restaurant carry is passed in this form and nobody balks, at some time we will get shafted with OC with privilege card like some other states.

Grapeshot said:

Thanks for your link - I'm in, but no better off.

See page #17 of Captions of the Public-Local Laws, SESSION 1935
http://digital.ncdcr.gov/cdm4/document.php?CISOROOT=/p249901coll22&CISOPTR=295736&CISOSHOW=294732

Still just the title - no link to body of the statute

Maybe you will have better luck.

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Here we go!

http://digital.ncdcr.gov/u?/p249901coll22,294919

Quick question for any Durham County residents...please tell me the clerk is not charging for the registration!

carolina guy said:

Here we go!

http://digital.ncdcr.gov/u?/p249901coll22,294919

Quick question for any Durham County residents...please tell me the clerk is not charging for the registration!

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Nice job!

"The Clerk of the Superior Court shall make no charge for such No charge made
registration and issuance of such certificate."
http://digital.ncdcr.gov/u?/p249901coll22,294919

"Call and confirm your application is complete, and go to pick up the application. You will first have to go to the Supreme Court Treasurer to pay for your permit (they are $5 each, you can have up to 2 with each approved application)."

There would appear to be other extra-legal requirements - 2009
http://www.nerdyhearn.com/blog/122/

Grapeshot said:

"Call and confirm your application is complete, and go to pick up the application. You will first have to go to the Supreme Court Treasurer to pay for your permit (they are $5 each, you can have up to 2 with each approved application)."

There would appear to be other extra-legal requirements - 2009
http://www.nerdyhearn.com/blog/122/

Click to expand...

That last link is extremely helpful. Thanks!

Hey Frogfish, fellow NCA here. Do you have any idea what kind of handgun you will be looking at?

Grapeshot said:

Nice job!

"The Clerk of the Superior Court shall make no charge for such No charge made
registration and issuance of such certificate."
http://digital.ncdcr.gov/u?/p249901coll22,294919

"Call and confirm your application is complete, and go to pick up the application. You will first have to go to the Supreme Court Treasurer to pay for your permit (they are $5 each, you can have up to 2 with each approved application)."

There would appear to be other extra-legal requirements - 2009
http://www.nerdyhearn.com/blog/122/

Click to expand...

Grapeshot...that is a very interesting link (Titled: "Obtaining a Pistol Permit in Durham County (Or Anywhere In North Carolina)" http://www.nerdyhearn.com/blog/122/

Some VERY useful information, but some VERY incorrect information in the title and at the end of the blog...just kind of a "buyer beware" kinda thing.


CORRECT: You cannot carry concealed off your own property (home or business)...WITHOUT a CHP.



WRONG: how about OC loaded and holstered?



WRONG: It is a NC Misdemeanor...not "Federal Felony" and handgun registration is ONLY a requirement in Durham County...nowhere else in NC.