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Thread: court cases and statutes

  1. #1
    Regular Member Poorrednek's Avatar
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    Angry court cases and statutes

    Hey guys and gals, i havr looked all over and cant find what i want.

    My local LEO. is a really nice guy but very confused on gun laws. We are in a discussion on legalities of auto carry and open carry. Now i havr pointed him to this site and the flier to lil avail. Can someone post a court case or code of some sort showing open carry as legal. As i sit now im just gonna walk it to my truck and arm myself while im out. I dont need the drama with my job

  2. #2
    Regular Member Poorrednek's Avatar
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    Sorry about the spelling issues my phone dont do well posting on this site

  3. #3
    Regular Member dmatting's Avatar
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    Laws state what people cannot do. There is no law saying open carry is legal but there aren't any laws stating it isn't. You buddy is a law ENFORCEMENT officer. If he is going to enforce laws he needs to know the laws that he is enforcing. I think the onus is on him to tell you what law makes open carry illegal.

  4. #4
    Regular Member Poorrednek's Avatar
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    I agree. I have requested he go talk to the sheriff of our county he is a supporter of oc as well as cc. When i get back home next weekend that will be my case to him show me law that states its illegal. I must say he is willing to learn but still holding onto the story of you aint marshall dillon .

    I figured there had to be some cases of oc thrown from courts

  5. #5
    Regular Member ncwabbit's Avatar
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    ok, my critical thinking skills have kicked in w/OPs post..

    1) the local LEO doesn't know the laws of the land as they apply to firearms and you direct him to this site...

    2) you directed him to chat w/the highest elected county peace officer - local sheriff about the concept cuz they are firearm friendly...

    3) and you fail to mention if the local district or NC attorney general's fone service gone out?

    4) and you fail to mention if the LEO in question has graduated from an accredited Dept of Justice peace officer course?

    5) and you are looking for case studies to assist him?

    the city manager/administrator or safety manager should recommend further training or fire them.

    why am i truly confused per se w/this conversation?

    wabbit
    Last edited by ncwabbit; 12-16-2012 at 08:33 PM.
    But who prays for Satan? Who in eighteen centuries, has had the common humanity to pray for the one sinner that needed it most...
    A person who has for untold centuries maintained the imposing position of spiritual head of four-fifths of the human race...
    All religions issue bibles against him, and say the most injurious things about him, but we never hear his side. (twain)

  6. #6
    Regular Member Poorrednek's Avatar
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    @ncwabbit 1 yes i directed him here. Seemed like one of ny better opitions
    #2 yes i figure the highest ranking leo in the county that is knowledgeable of oc could offer him assistance with this issue

    #3 lol

    #4 all i can answer for now is i assume as he was an officer in asheville took this job as chief so as i understand nc law states he must graduate for said position.

    #5 sorta i suppose. Unlike alot on here that would rather stir the pot i would rather educate especially since he is my neighbor

    #6 lol well further training maybe.

    #7 anything else i can answer? Mind you i just moved back to nc from va where i oc'd frequently so im not new to this idea or this site i did how ever lose my log in info and started new. Tell me why not try to educate as opposed to saying f you and having issues?
    Thanks for the post tho and i shall try to get info from ncag
    Last edited by Poorrednek; 12-17-2012 at 02:32 PM. Reason: Wording could be mis took

  7. #7
    Moderator / Administrator Grapeshot's Avatar
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    The best and most direct information you have been given is that there is no law making OC illegal; therefore it is legal.

    Your search for supportive information can start here:
    http://www.opencarry.org/?page_id=282

    Here is the NC General Statutes site. The vast majority of gun laws are in the 14-criminal law section, particularly around GS 269 and GS 415 areas.
    http://www.ncga.state.nc.us/gascript...StatutesTOC.pl

    Some detail on the benchmark court case STATE v. ROBERT S. HUNTLEY. here:
    http://www.usacarry.com/forums/north...pen-carry.html

    Frankly, virtually no one is arrested, charged and prosecuted for OCing in NC through the appellate level/court of record to produce such evidence; as you wish.

    Recommend that you consider joining Grass Roots North Carolina ( GRNC) You may find additional resorces there. At least sign up for the GCNC Alerts.
    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.

  8. #8
    Regular Member ncwabbit's Avatar
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    grapeshot...you truly believe paul & HIS grnc organization could be of help for someone looking for OC guidance after the debacle about CC being grnc's only mantra a couple threads back?

    OP...good luck treading down that path...honestly!!

    wabbit
    But who prays for Satan? Who in eighteen centuries, has had the common humanity to pray for the one sinner that needed it most...
    A person who has for untold centuries maintained the imposing position of spiritual head of four-fifths of the human race...
    All religions issue bibles against him, and say the most injurious things about him, but we never hear his side. (twain)

  9. #9
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by ncwabbit View Post
    grapeshot...you truly believe paul & HIS grnc organization could be of help for someone looking for OC guidance after the debacle about CC being grnc's only mantra a couple threads back?

    OP...good luck treading down that path...honestly!!

    wabbit
    I must have missed that thread. Wasn't aware that they opposed OC. Will look into that.


    Added: Did not find the referenced thread. Do you have a link?
    Last edited by Grapeshot; 12-18-2012 at 01:20 AM. Reason: edited to add
    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.

  10. #10
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    Look up

    State v LR Speller

    http://www.guncite.com/court/state/86nc697.html

    State v Kerner

    http://www.guncite.com/court/state/107se222.html

    State v Huntley

    http://www.guncite.com/court/state/25nc418.html


    That's pretty much the history of OC case law in NC. There may be one more I'm forgetting though. If a different case is referenced in those just google that one too.

  11. #11
    Regular Member ncwabbit's Avatar
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    Grapeshot, please forgive my oversight, per your request your attention is directed to the following link:

    http://forum.opencarry.org/forums/sh...d-Carry-State/

    A quick synopsis of GRNC’s stance, the organizational president's statements concerning those NC citizens who OC:

    Post #14:
    Cricketdad, one of GRNC’s Bd of Dir on the 5th of November stated:

    quote: I have been asked by Paul Valone to re post this. To those who complain that HB 111, which would eliminate restrictions on concealed handgun permit-holders in restaurants and parks, fails to include open carry in those areas, a reality check is in order, particularly with regard to open carry in bars. (see wabbits comments regarding just this statement in the PS below!!)

    Snip… image of North Carolina concealed handgun permit-holders -- certified sane, sober and law abiding… snip…

    GRNC’s goal is to achieve improvements for NC gun owners. We might be able to achieve a loosening of restrictions for concealed handgun permit-holders. For open carry, those improvements are, at present, unachievable just as a “shall issue” concealed handgun law was unachievable until 1995.

    Snip… unquote

    And then throughout the remaining 123 postings of this thread Mr. Valone personally continued in the discussion along w/several of GRNC’s supporters by organizationally threatening legal action as well as calling all those who questioned or challenged their posted comments regaled to call the challenger(s) NAMES instead of continuing in unemotional discussion.

    I hope this meets your query Grapeshot, and in the spirit of the holidays, hope you will forgive the oversight!!

    wabbit

    ps: quite interesting to note that multiple states across the nation have successfully overcome this open carry parody GRNC claims to exist exclusively in NC, in those establishments w/a bar AND food service, where over half their income is gleaned from food.
    Last edited by ncwabbit; 12-18-2012 at 09:47 AM.
    But who prays for Satan? Who in eighteen centuries, has had the common humanity to pray for the one sinner that needed it most...
    A person who has for untold centuries maintained the imposing position of spiritual head of four-fifths of the human race...
    All religions issue bibles against him, and say the most injurious things about him, but we never hear his side. (twain)

  12. #12
    Regular Member ncwabbit's Avatar
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    Poorrednek perhaps you missed the point of my previous post...so i shall be candid...

    why are you, as a citizen and beside being their neighbour, providing OC information to a LEO who has the Sheriff/District attorney/AG 's office to freely converse with to ascertain the legality of OC and associated case studies?

    wabbit
    Last edited by ncwabbit; 12-18-2012 at 11:50 PM.
    But who prays for Satan? Who in eighteen centuries, has had the common humanity to pray for the one sinner that needed it most...
    A person who has for untold centuries maintained the imposing position of spiritual head of four-fifths of the human race...
    All religions issue bibles against him, and say the most injurious things about him, but we never hear his side. (twain)

  13. #13
    Regular Member WalkingWolf's Avatar
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    Grapeshot you had a go around with one of the GRNC supporters yourself. I will try to find the thread and link it for you. GRNC upper levels are clearly anti OC.

    http://forum.opencarry.org/forums/sh...be-legal/page5
    Last edited by WalkingWolf; 12-18-2012 at 12:37 PM.
    It is well that war is so terrible otherwise we would grow too fond of it.
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  14. #14
    Regular Member Poorrednek's Avatar
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    Quote Originally Posted by ncwabbit View Post
    Poorrednek perhaps you missed the point of my previous post...so i shall be candid...

    why are you, as a citizen and beside being their neighbour, providing OC information to a LEO who has the Sheriff/District attorney/AG 's office to freely converse with to ascertain the legality of OC and associated case studies?

    wabbit
    First thanks for the info
    @ncwabbit you make a valid point as i understand from all i have read if i get harrassed just laywer up and keep my recorder going. As i have yet to find a case hold water. With that said thanks. Also yeah i didnt take your post the best lol. Sorry sir

  15. #15
    Regular Member WalkingWolf's Avatar
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    Poor redneck don't worry about your neighbor so much. Do your research for yourself, and then "just do it". Or don't your choice, you can always get and use one of those privilege cards. If your neighbor is truly interested in open carry then he should "just do it". If he is already giving you misinformation then you know he is against it, and you should avoid conversations with him about it. Until a anti becomes a victim of a crime usually nothing you will say can change their mind, LE or not.

    I will talk to somebody about OC for hours, or just about any subject as long as they are willing to listen, and participate with a open mind. I don't waste my time with arguing unless it is on the internet. And even then I don't like it and will just walk away at some point. It is like arguing the existence of a divine being, either you/they get it or they don't, that simple.
    It is well that war is so terrible otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

  16. #16
    Regular Member Poorrednek's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    Poor redneck don't worry about your neighbor so much. Do your research for yourself, and then "just do it". Or don't your choice, you can always get and use one of those privilege cards. If your neighbor is truly interested in open carry then he should "just do it". If he is already giving you misinformation then you know he is against it, and you should avoid conversations with him about it. Until a anti becomes a victim of a crime usually nothing you will say can change their mind, LE or not.

    I will talk to somebody about OC for hours, or just about any subject as long as they are willing to listen, and participate with a open mind. I don't waste my time with arguing unless it is on the internet. And even then I don't like it and will just walk away at some point. It is like arguing the existence of a divine being, either you/they get it or they don't, that simple.
    Yes sir im with ya. Thats what im doin right now actually but im on my property so it dont count lol. He is intrigued on this. And just wanted some info to check on as he said he never ran across this deal. So hey im willing to discuss for hours if thats what it takes lol. Thanks for your input wolf

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