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Thread: How is this legal? Anyone attending?

  1. #1
    Regular Member J-SiN's Avatar
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    How is this legal? Anyone attending?

    Few of us are going to this 2nd amendment support rally
    Organizers say open carry friendly , curious how that's possible
    When no firearms are allowed to any picket line or demonstration

    Maybe they have permission from property owners? Will that make it acceptable?

    http://www.dayofresistance.com/rally/

  2. #2
    Regular Member papa bear's Avatar
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    this is an arguement i have been making to the TEA party meetings here in my area. if you keep holding them in GFZ (killing zones) then i can't come

    you may be right that, with the owners permission then you could carry there. i o wonder what will happen, say in anti con. Charlotte or anti Ashvile
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  3. #3
    Regular Member WalkingWolf's Avatar
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    Each state law is different. I don't see this as picketing and it is up for opinion that these are demonstrations, and not just rallies, like a car rally. Maybe they should call them picnics. They are assemblies, but there is no admission.

    I am digging for the statute but I believe the property must be owned or under control of the state of North Carolina to restrict the carry of firearms. I am not sure municipal property would count.
    Last edited by WalkingWolf; 02-19-2013 at 01:43 PM.
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    Regular Member ncwabbit's Avatar
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    now i am confused
    whose propogating the website and better yet...who's website is it?

    wabbit
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by ncwabbit View Post
    now i am confused
    whose propogating the website and better yet...who's website is it?

    wabbit
    There have been and are planned rallys (some very recently announced) where little to nothing is known about the organizers, little to no apparent planning/coordination, just a BIG announcement. Some posters have suggested that antis could be involved - inures to their benefit if the rally fails or attracts small numbers.
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    Quote Originally Posted by ncwabbit View Post
    ..who's website is it?

    wabbit
    Sent u PM on subject ...

  7. #7
    Regular Member J-SiN's Avatar
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    Me + 6-7 will be attending

    the organizer responded to me and said we have explicit permission from property owner and that gaston co sheriff also says its OK to carry
    openly or concealed

  8. #8
    Moderator / Administrator Grapeshot's Avatar
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    Originally Posted by ncwabbit

    ..who's website is it?
    Quote Originally Posted by davidmcbeth View Post
    Sent u PM on subject ...
    Quote Originally Posted by J-SiN View Post
    --snip--
    the organizer responded to me and said we have explicit permission from property owner and that gaston co sheriff also says its OK to carry
    openly or concealed
    So why the hush-hush?
    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.

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    Statute in full

    14‑277.2. Weapons at parades, etc., prohibited.
    (a) It shall be unlawful for any person participating in, affiliated with, or present as a spectator at any parade, funeral procession, picket line, or demonstration upon any private health care facility or upon any public place owned or under the control of the State or any of its political subdivisions to willfully or intentionally possess or have immediate access to any dangerous weapon. Violation of this subsection shall be a Class 1 misdemeanor. It shall be presumed that any rifle or gun carried on a rack in a pickup truck at a holiday parade or in a funeral procession does not violate the terms of this act.
    (b) For the purposes of this section the term "dangerous weapon" shall include those weapons specified in G.S. 14‑269, 14‑269.2, 14‑284.1, or 14‑288.8 or any other object capable of inflicting serious bodily injury or death when used as a weapon.
    (c) The provisions of this section shall not apply to a person exempted by the provisions of G.S. 14‑269(b) or to persons authorized by State or federal law to carry dangerous weapons in the performance of their duties or to any person who obtains a permit to carry a dangerous weapon at a parade, funeral procession, picket line, or demonstration from the sheriff or police chief, whichever is appropriate, of the locality where such parade, funeral procession, picket line, or demonstration is to take place. (1981, c. 684, s. 1; 1983, c. 633; 1993, c. 412, s. 2; c. 539, s. 174; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑238, s. 4.)



    Now, let's parse (a)

    14‑277.2. Weapons at parades, etc., prohibited.
    (a) It shall be unlawful for any person participating in, affiliated with, or present as a spectator at any .....
    1- parade,
    2- funeral procession,
    3- picket line, or
    4- demonstration upon any private health care facility or
    5- upon any public place owned or under the control of the State or any of its political subdivisions

    to willfully or intentionally possess or have immediate access to any dangerous weapon. Violation of this subsection shall be a Class 1 misdemeanor. It shall be presumed that any rifle or gun carried on a rack in a pickup truck at a holiday parade or in a funeral procession does not violate the terms of this act.



    I believe #5 will rule out OC at the Burke county event. Not completely sure though. But simply protesting does not rule out carry. Remember the rally at Guilford Courthouse a few years back?

  10. #10
    Regular Member WalkingWolf's Avatar
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    Political subdivisions pretty much rules out any public property for OCing during a demonstration.
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    How is this legal? Anyone attending?

    Quote Originally Posted by chiefjason View Post

    Now, let's parse (a)

    14‑277.2. Weapons at parades, etc., prohibited.
    (a) It shall be unlawful for any person participating in, affiliated with, or present as a spectator at any .....
    1- parade,
    2- funeral procession,
    3- picket line, or
    4- demonstration upon any private health care facility or
    5- upon any public place owned or under the control of the State or any of its political subdivisions

    to willfully or intentionally possess or have immediate access to any dangerous weapon. Violation of this subsection shall be a Class 1 misdemeanor. It shall be presumed that any rifle or gun carried on a rack in a pickup truck at a holiday parade or in a funeral procession does not violate the terms of this act.



    I believe #5 will rule out OC at the Burke county event. Not completely sure though. But simply protesting does not rule out carry. Remember the rally at Guilford Courthouse a few years back?

    Respectfully, I parse it this way:
    1- parade,
    2- funeral procession,
    3- picket line, or
    4- demonstration upon:
    a) any private health care facility or
    b)-upon any public place owned or under the control of
    i) the State or
    ii) any of its political subdivisions

    to willfully or intentionally possess or have immediate access to any dangerous weapon.


    Otherwise, the statute would say that no one could carry on a city our county property, open or concealed, and we know that it IS legal to carry on city, and county property unless posted..

    Now, depending on where the Burke County event it, this may or may not be relevant...



    Also, the demonstration at Guilford Courthouse was held inside the NATIONAL park - it was federal land, so the demonstration provision of state law did not apply.


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    Last edited by RayBurton72; 02-20-2013 at 08:42 PM.

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    Breaking out the letters and Roman numerals on me I see. lol Next time I'm going with a pie chart.

    So let's see if we have all the bases covered with this statute. Jim Crowe, check and in attendance. Unions, check. Odd with NC being right to work. Anti abortion activists, check. The Klan, check. Who are we missing?

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    How is this legal? Anyone attending?

    You forgot to mention the motorcycle gangs (funeral procession ban)....




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  14. #14
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by chiefjason View Post
    Breaking out the letters and Roman numerals on me I see. lol Next time I'm going with a pie chart.

    So let's see if we have all the bases covered with this statute. Jim Crowe, check and in attendance. Unions, check. Odd with NC being right to work. Anti abortion activists, check. The Klan, check. Who are we missing?
    The problem comes from the Lobbyists who actually write the laws for the legislators. They claim to be pro 2A but in the long run they bring their own bias against certain groups, such as bikers, or open carriers. The sad part is some of us have actually given these tards money.

    If nobody tells our representatives that we don't want this malarkey then they assume that the tards are speaking for us. A anti open carry bill is probably passing this time, written by one of these lobbyists. And he has many convinced he is doing us a favor.
    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

  15. #15
    Regular Member J-SiN's Avatar
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    Myself and 5-6 OCer's will be there rain or shine!
    Last edited by J-SiN; 02-22-2013 at 07:51 AM.

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    Regular Member ncwabbit's Avatar
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    interesting to note nobody seems to know the sponsors and sorry david the initals of the owners from the domain whois doesnt count!!!!
    to quote the olde guy in va...why so hush hush???

    wabbit

    ps you forgot to mention the nazis in your list

    pps shades of 1979 greensboro massacre come to mind
    Last edited by ncwabbit; 02-23-2013 at 04:29 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)

  17. #17
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    Quote Originally Posted by J-SiN View Post
    Few of us are going to this 2nd amendment support rally
    Organizers say open carry friendly , curious how that's possible
    When no firearms are allowed to any picket line or demonstration

    Maybe they have permission from property owners? Will that make it acceptable?

    http://www.dayofresistance.com/rally/
    Please cite to the statute which makes it unlawful to open carry at a so-called picket line or demonstration.

  18. #18
    Regular Member J-SiN's Avatar
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    Enjoyed a day of open carrying
    Lot of good people , good speakers , the sheriff spoke
    and an overall good experience

    saw some ar-15's and ak 47s being carried as well!

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    Quote Originally Posted by Mike View Post
    Please cite to the statute which makes it unlawful to open carry at a so-called picket line or demonstration.
    See ChiefJason's reply (#9 of this thread).

  20. #20
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    Quote Originally Posted by WalkingWolf View Post
    Political subdivisions pretty much rules out any public property for OCing during a demonstration.
    I've been looking for an 'answer' or a precedent to this question for years and no one has ever had one. I essentially was looking for an answer to: If someone is standing on the sidewalk or street corner with a sign, is this a demonstration, protest or picket line and does this qualify as being 'on' state or 'public' property? No one could answer.

    The Day of Resistance event in Asheville took place IN a city park that is generally thought to have banned guns completely, however this is not the case. Others thought the 'protest' statute on 'public' property made it illegal to carry at the event. The organizers of this event finally got a statement from the police dept on what they were enforcing and needless to say numerous folks OC'ed including a number of rifles. (I know I know, Das ist Verboten talk on OC.org) I believe there are some serious misconceptions spread about this 'protest' statute. And obviously all the naysayers who have their panties in a bunch about OC qualifying an arrest under "going armed to the terror of the public" are just all washed up. If anything could qualify as 'armed to the terror of the public' (without brandishing, threats and capability of carrying out those threats) it would be a number of folks with long guns and sidearms gathered together in a public place.

  21. #21
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by brutus1776 View Post
    I've been looking for an 'answer' or a precedent to this question for years and no one has ever had one. I essentially was looking for an answer to: If someone is standing on the sidewalk or street corner with a sign, is this a demonstration, protest or picket line and does this qualify as being 'on' state or 'public' property? No one could answer.

    The Day of Resistance event in Asheville took place IN a city park that is generally thought to have banned guns completely, however this is not the case. Others thought the 'protest' statute on 'public' property made it illegal to carry at the event. The organizers of this event finally got a statement from the police dept on what they were enforcing and needless to say numerous folks OC'ed including a number of rifles. (I know I know, Das ist Verboten talk on OC.org) I believe there are some serious misconceptions spread about this 'protest' statute. And obviously all the naysayers who have their panties in a bunch about OC qualifying an arrest under "going armed to the terror of the public" are just all washed up. If anything could qualify as 'armed to the terror of the public' (without brandishing, threats and capability of carrying out those threats) it would be a number of folks with long guns and sidearms gathered together in a public place.
    Without court rulings it just is hard to say. I am sure the police dept if professionally run wants less hassles than more, and making arrests of a large peaceful group would just be counter productive, IMO. Not only that but there is a chance they would get a ruling not favorable to them. This wording needs to be removed from our laws, and is more important than eating in a restaurant that serves alcohol when you can't legally drink while CC in the first place. The lobbyists need to pull their head out of the dark side and actually work on laws that are a hindrance to our safety.
    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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    Quote Originally Posted by WalkingWolf View Post
    Without court rulings it just is hard to say. I am sure the police dept if professionally run wants less hassles than more, and making arrests of a large peaceful group would just be counter productive, IMO. Not only that but there is a chance they would get a ruling not favorable to them. This wording needs to be removed from our laws, and is more important than eating in a restaurant that serves alcohol when you can't legally drink while CC in the first place. The lobbyists need to pull their head out of the dark side and actually work on laws that are a hindrance to our safety.
    A Com-lib City Councilman made a fuss over OC at the 'Day of Resistance' Rally in A-ville.
    He is now doing his darndest to make sure it never happens again...

    http://www.citizen-times.com/article...ing-guns-rally

    Note the police comment: They said the event didnt constitute a 'Picket Line'

    As always, the devil is in the details. If this really was essentially an 'Oathkeeper' action on the part of APD...Much respect to them.

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