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Thread: Open Carry and clarification?

  1. #1
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    Open Carry and clarification?

    I'v been doing research on OC here in NC. there's alot of mixed info out there.
    Now in my understanding in oder to be charged when OC you must be found guilty of all for offences.

    1.to arm himself/herself with any unusual and dangerous weapon,
    2.for the purpose of terrifying others,
    3.and go about on public highways
    4.in a manner to cause terror to others.

    So with some debates with friends my interpretations of these are that every time you OC you are guilty of #1. and the purpose of OC itself is for the intent of letting others know your carry making you guilty of #2. Now #3 is pretty clear in that if your essentially in public/or on public roads. So with being said that act of OC you could essentially be charge with the first 3. now if someone happens to complain about you packing that would be strike 4.

    So my question/debate for you guys who are more educated in this topic then myself. Is when and where is it appropriated to OC? And how do you present yourself to police when being question? And finally there were more then 300 arrest in NC alone last year in cases where citizens wore openly carrying and more then 50 convictions. But regardless of convection rate. When being arrest for OCing your firearm will be confiscated. Now that seems more of a deterrent to carrying then being convicted itself. I always carry in my vehicle but if holstered sometime i may go into a convenient store or out in the open.

    I just wanted to get others thoughts and experience on the subject out side of the research iv dug up.

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    Regular Member dmatting's Avatar
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    300 arrests of nc residents who were OCing in 2012? Please provide a cite for that.

    I open carry anywhere and everywhere where it is not prohibited by law or not posted. I wear whatever I want to wear but it typically involves a belt for support of the gun. My usual dress is casual - tshirts, dress shirts, mostly jeans but if I am kinda messy looking due to house/car/yard work and need to go out I will go like that with gun on hip. I don't fear the gatttotp law because we have prior rulings on our side.

    Quote Originally Posted by 6.5marinediesel View Post
    I'v been doing research on OC here in NC. there's alot of mixed info out there.
    Now in my understanding in oder to be charged when OC you must be found guilty of all for offences.

    1.to arm himself/herself with any unusual and dangerous weapon,
    2.for the purpose of terrifying others,
    3.and go about on public highways
    4.in a manner to cause terror to others.

    So with some debates with friends my interpretations of these are that every time you OC you are guilty of #1. and the purpose of OC itself is for the intent of letting others know your carry making you guilty of #2. Now #3 is pretty clear in that if your essentially in public/or on public roads. So with being said that act of OC you could essentially be charge with the first 3. now if someone happens to complain about you packing that would be strike 4.

    So my question/debate for you guys who are more educated in this topic then myself. Is when and where is it appropriated to OC? And how do you present yourself to police when being question? And finally there were more then 300 arrest in NC alone last year in cases where citizens wore openly carrying and more then 50 convictions. But regardless of convection rate. When being arrest for OCing your firearm will be confiscated. Now that seems more of a deterrent to carrying then being convicted itself. I always carry in my vehicle but if holstered sometime i may go into a convenient store or out in the open.

    I just wanted to get others thoughts and experience on the subject out side of the research iv dug up.

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    Quote Originally Posted by 6.5marinediesel View Post
    I'v been doing research on OC here in NC. there's alot of mixed info out there.
    Now in my understanding in oder to be charged when OC you must be found guilty of all for offences.

    1.to arm himself/herself with any unusual and dangerous weapon,
    2.for the purpose of terrifying others,
    3.and go about on public highways
    4.in a manner to cause terror to others.

    So with some debates with friends my interpretations of these are that every time you OC you are guilty of #1. and the purpose of OC itself is for the intent of letting others know your carry making you guilty of #2. Now #3 is pretty clear in that if your essentially in public/or on public roads. So with being said that act of OC you could essentially be charge with the first 3. now if someone happens to complain about you packing that would be strike 4.

    So my question/debate for you guys who are more educated in this topic then myself. Is when and where is it appropriated to OC? And how do you present yourself to police when being question? And finally there were more then 300 arrest in NC alone last year in cases where citizens wore openly carrying and more then 50 convictions. But regardless of convection rate. When being arrest for OCing your firearm will be confiscated. Now that seems more of a deterrent to carrying then being convicted itself. I always carry in my vehicle but if holstered sometime i may go into a convenient store or out in the open.

    I just wanted to get others thoughts and experience on the subject out side of the research iv dug up.
    Standard "I am not a lawyer and this is strictly opinion based" but:

    When I carry, I am not carrying for the purpose of terrifying others and in my travels I am not doing so in a manner that justly causes terror to others. "In order to be charged with OC"...you cannot be charged with OC as it is not illegal. Also please cite the above reference.
    Last edited by jtitus07; 02-04-2013 at 04:59 PM.

  4. #4
    Regular Member WalkingWolf's Avatar
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    Please provide a cite for the claim of 300 arrests?
    It is well that war is so terrible otherwise we would grow too fond of it.
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    I stumbled upon it on NC law website. Now for the life of me I can't find it again. When I do I will provide a link. I understand that its all up for interpretationi and it is just peoples opinions and that's why I'm asking the question. I don't just want to open carry because i can. Well I take that back I do want to carry cause its my right lol but I at least would like to no about the laws and my rights in case of an ignorant officer or liberal Yankee.

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    Regular Member linerider69's Avatar
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    Have not heard about the 300 arrests or 50 convictions.I OC everyday not only to hopefully educate someone on his or her 2A rights but to exercise my own not to mention all the recent home invasions in my area and carjackings,mass killings across the country.Never to intimidate anyone who is doing nothing wrong.If anything the people who know me in town some have told me they feel better when I am shopping in their store.Never had a problem with LEO.If anything you should get ahold of your local sheriff and ask him his and his deputies views on open carry. Being afraid to fight for your rights,you might as well just lay down your arms and give up.

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by 6.5marinediesel View Post
    I stumbled upon it on NC law website. Now for the life of me I can't find it again. When I do I will provide a link. I understand that its all up for interpretationi and it is just peoples opinions and that's why I'm asking the question. I don't just want to open carry because i can. Well I take that back I do want to carry cause its my right lol but I at least would like to no about the laws and my rights in case of an ignorant officer or liberal Yankee.
    You are new here, so let me clue you in, opinions do not cut it with claims such as you made.
    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

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    Founder's Club Member thebigsd's Avatar
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    Open Carry and clarification?

    Quote Originally Posted by WalkingWolf View Post
    You are new here, so let me clue you in, opinions do not cut it with claims such as you made.
    I agree with Walking Wolf here...bold claims require some kind of corroboration or documentation. Here is the rule to follow in this type of situation:

    (5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.

    While you didn't exactly state a law, the principle still applies.
    "When seconds count between living or dying, the police are only minutes away."

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    Regular Member Roger Mosley Jr's Avatar
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    Look guys, it shouldn't be whether he seen that number anywhere or if he heard it. The point is that he's asking for help on the matter. Cant we just give him the good advice that we are known for here?
    Last edited by Roger Mosley Jr; 02-10-2013 at 04:41 PM.

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    Regular Member ncwabbit's Avatar
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    Quote Originally Posted by Roger Mosley Jr View Post
    Look guys, it shouldn't be whether he seen that number anywhere or if he heard it. The point is that he's asking for help on the matter. Cant we just give him the good advice that we are known for here?
    Pray tell, what good advice should be provided when the op's information appears faulty from the start.

    i thought lone wolf was quite pleasant when asking for a cite to the OP's statement....

    wabbit

    ps...oh wait the claim the op made appears to be lost somewhere on al gore's internet

    pps...pls do not fail to understand this is a publicl viewed resource roger so if someome pops off and posts crappy and misleading info, someone will take it as gospel and spread the rumor elsewhere
    Last edited by ncwabbit; 02-10-2013 at 04:58 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...
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    Regular Member Roger Mosley Jr's Avatar
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    Quote Originally Posted by ncwabbit View Post
    Pray tell, what good advice should be provided when the op's information appears faulty from the start.

    i thought lone wolf was quite pleasant when asking for a cite to the OP's statement....

    wabbit

    ps...oh wait the claim the op made appears to be lost somewhere on al gore's internet
    So ncwabbit, what your saying is the give the guy hell and forget the advice? Sounds like your saying ALL advice on here is crappy advice. Remind you I said SOUNDS LIKE not YOU ARE. Big difference!
    Opinion-a personal view, attitude, or appraisal.

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    Regular Member ncwabbit's Avatar
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    Quote Originally Posted by Roger Mosley Jr View Post
    So ncwabbit, what your saying is the give the guy hell and forget the advice? Sounds like your saying ALL advice on here is crappy advice. Remind you I said SOUNDS LIKE not YOU ARE. Big difference!
    alas roger, i guess i missed a response to my query...what advice would you like us to offer to the OP and perhaps i missed your input to his query as well!

    wabbit

    ps i guess you perceive this banter as giv-em-hell....rofl...i was serious lone wolf was being quite pleasant, as was i

    pps...as for soundness of advice provided on the forum, you wouldnt want to be told something without a cite you could reference would ya? 'sides you get what ya pay for
    Last edited by ncwabbit; 02-10-2013 at 05:11 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)

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by Roger Mosley Jr View Post
    So ncwabbit, what your saying is the give the guy hell and forget the advice? Sounds like your saying ALL advice on here is crappy advice. Remind you I said SOUNDS LIKE not YOU ARE. Big difference!
    The OP based his question on the faulty claim, the claim has to be proven or put to rest. After that there is little advice needed.

    It would be like asking if it was safe to walk on sidewalks because if a person stepped on a crack they might break their back.
    Last edited by WalkingWolf; 02-10-2013 at 05:26 PM.
    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

  14. #14
    Regular Member ncwabbit's Avatar
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    humble apologies walking wolf for screwing up your name previously...been a long day...

    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)

  15. #15
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by ncwabbit View Post
    humble apologies walking wolf for screwing up your name previously...been a long day...

    wabbit
    That's OK it is common. And yea it has been a long day.
    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

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    Regular Member papa bear's Avatar
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    let's try to address what i assume is the question to the GATTTOTP law.

    1 arming with an unusual weapon . there is nothing unusual about a holstered firearm. though the courts have deemed a firearm as dangerous. Failed

    2. this is an assumption of intent. hard to prove. if you are carrying a holstered fire arm and not being menacing with it, they can not use this. it works kind of like the brandishing laws in VA. Failed

    3. you must be on a public highway. i have seen this interpreted to mean someone standing in the road yelling threats to someone else. but if you are on private property or not on a highway. Failed

    4.this is a interpreted thing. basically you must be actively doing something to threating others. carrying in a holster is not one of these. failed

    they must have all four of these points to make it stick

    now for the bad news. Any LEO can literally F*** you in the butt if he wants to and there is nothing you can legally do about it, till it gets to court. if they want to bust you for GATTTOTP, they will. doubtful if it will hold up in court. always carry a recorder with you. keep your nose clean and everything will work out
    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.

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

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