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Thread: Open Carry - Asheville, NC

  1. #1
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    Open Carry - Asheville, NC

    All, I thought I would share with you the thread between me and the Police Chief and City Attorney in Asheville. This is simply a way to share the facts as I know them.

    ~~~

    My email to the Police Chief.

    Mr. Anderson:

    I am a new resident of North Carolina. Regarding the possession and carrying of handguns, I understand that there are only minor limitations to open carry statewide (assuming you are allowed by law to possess the weapon).

    As I understand it, those restrictions include:

    1. In public-owned buildings
    2. On the grounds or parking areas of those buildings
    3. In public parks or recreation areas

    However, there appears to be a provision in the the Code that allows for city ordinance to regulate the display of firearms on the streets, sidewalks, alleys, or other public property. I have attempted to locate any of these ordinances and have come up empty. Would you please let me know if there are any specific local regulations that restrict open carry within Asheville city limits? If so, would you please point me to the ordinance or another reference?

    Thank you kindly,

    -bwaldrop

    ~~~~~~~~

    from the Police Chief

    Mr. Waldrop,
    I am forwarding your request to our legal department.

    ~~~~~~~~~

    Mr. Bradley,

    Per your request, attached is the revised ordinance on Firearms and
    weapons on City Property along with Appendix G which is the list of
    places ("recreational facilities") where handguns are prohibited as
    required by the statute.

    If you have any other questions, please let us know.

    Sincerely,

    Admin Asst, Legal Department

    ~~~~~

    Attachment may be found here (http://my.pogoplug.com/s/i64wdoIOsjM/)

  2. #2
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    I would take what they tell you with a grain of salt .... really...I have asked local law enforcement questions and have gotten 5 different answers to the same question..and their answers are not grounds for estopple ...

  3. #3
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    Quote Originally Posted by Bwaldrop View Post
    All, I thought I would share with you the thread between me and the Police Chief and City Attorney in Asheville. This is simply a way to share the facts as I know them.

    ~~~

    My email to the Police Chief.

    Mr. Anderson:

    I am a new resident of North Carolina. Regarding the possession and carrying of handguns, I understand that there are only minor limitations to open carry statewide (assuming you are allowed by law to possess the weapon).

    As I understand it, those restrictions include:

    1. In public-owned buildings
    2. On the grounds or parking areas of those buildings
    3. In public parks or recreation areas

    However, there appears to be a provision in the the Code that allows for city ordinance to regulate the display of firearms on the streets, sidewalks, alleys, or other public property. I have attempted to locate any of these ordinances and have come up empty. Would you please let me know if there are any specific local regulations that restrict open carry within Asheville city limits? If so, would you please point me to the ordinance or another reference?

    Thank you kindly,

    -bwaldrop
    )
    I open carry all the time in Asheville/fletcher. The law is fairly clear in NC about where you can and can't carry. Where did you see in city code about streets, etc. NC law is supposed to trump State law.

    I wouldn't ask the police/city attorney for legal advice. This website has great info.
    Last edited by spiderjohn; 08-21-2012 at 10:51 PM.

  4. #4
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by spiderjohn View Post
    I open carry all the time in Asheville/fletcher. The law is fairly clear in NC about where you can and can't carry. Where did you see in city code about streets, etc. NC law is supposed to trump State law.

    I wouldn't ask the police/city attorney for legal advice. This website has great info.
    He probably heard about the Cary ordinance, and it has gone unenforced.

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