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Thread: Going Armed to the Terror of the Public, and Open Carry

  1. #1
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    Question Going Armed to the Terror of the Public, and Open Carry

    i seen a post somewhere on the internet saying
    Northcarolina Arrest People That Going Armed to the Terror of the Public, and Open Carry?
    Because they walk around with a Handgun thats Open Carry? is that true? I Mean I dont know much about the Gun Laws so im still trying
    to learn as much as i can But from my understand Johnston County back then the "KKK" members was here and had there own lodge or something
    How do i know as a black male my rights wont be violated because of the color of my skin? i have never heard of any racist acts here in Selma or seen
    Any racist acts but once someone gets a Gun in there Hands its a Different story any knowledge someone want to shed on this?

  2. #2
    Regular Member rotorhead's Avatar
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    Here is a decent enough summary of GATTTOTP:

    http://nccriminallaw.sog.unc.edu/?p=4022

    In State v Huntley, it was determined that a gun does satisfy the requirements of being an unusual weapon in that case, but since OC is not determined to be illegal in NC (although it's practice can be restricted in certain situations), simply openly carrying a gun is not enough to be subject to being charged with GATTTOTP. A few conditions must exist before the charge is valid, such as intentionally causing terror in public with a gun, etc. Openly carrying a gun is not a crime, but using that gun as part of a crime is, and therein is "supposed" to be the difference.

    Even the circumstances which you introduce, being a black man with a gun, is not enough for a crime to be charged. Carrying a gun is openly where not restricted is not a crime. Being black is not a crime. Being black and openly carrying a gun where not restricted is not a crime. However, carrying a gun and threatening others with it on a public way *is* a crime, whether or not you are black and could you with being charged with GATTTOTP, along with other possible charges.

    Much of it comes down to the *intent* of the action where a gun is involved. But, the vagueness of the law sometimes comes into question.

    Please take all of this as my opinion as I am not a lawyer. Others will have opinions as well, which will be just as valid.

    All in all, it's not a very commonly used charge, especially when used as a stand alone charge. It's normally tacked on with other charges, but it's not limited to that condition.

    You can never know when your rights will be violated and that's not limited to back men when it comes to the entirety of law enforcement. None of us can be sure that our rights won't be violated in some way, especially while we openly carry a gun. My only suggestion would be to become thoroughly familiar with state, local, and Federal gun laws, carry some kind of recording device when carrying, and to never argue or threaten LEOs if you come in contact with them as a result of simply carrying a gun openly.

    Know your rights and don't consent to illegal searches, but don't physically resist, either. Again, just my opinion
    Last edited by rotorhead; 04-22-2013 at 12:41 PM.

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    Quote Originally Posted by rotorhead View Post
    Here is a decent enough summary of GATTTOTP:

    http://nccriminallaw.sog.unc.edu/?p=4022

    In State v Huntley, it was determined that a gun does satisfy the requirements of being an unusual weapon in that case, but since OC is not determined to be illegal in NC (although it's practice can be restricted in certain situations), simply openly carrying a gun is not enough to be subject to being charged with GATTTOTP. A few conditions must exist before the charge is valid, such as intentionally causing terror in public with a gun, etc. Openly carrying a gun is not a crime, but using that gun as part of a crime is, and therein is "supposed" to be the difference.

    Even the circumstances which you introduce, being a black man with a gun, is not enough for a crime to be charged. Carrying a gun is openly where not restricted is not a crime. Being black is not a crime. Being black and openly carrying a gun where not restricted is not a crime. However, carrying a gun and threatening others with it on a public way *is* a crime, whether or not you are black and could you with being charged with GATTTOTP, along with other possible charges.

    Much of it comes down to the *intent* of the action where a gun is involved. But, the vagueness of the law sometimes comes into question.

    Please take all of this as my opinion as I am not a lawyer. Others will have opinions as well, which will be just as valid.

    All in all, it's not a very commonly used charge, especially when used as a stand alone charge. It's normally tacked on with other charges, but it's not limited to that condition.

    You can never know when your rights will be violated and that's not limited to back men when it comes to the entirety of law enforcement. None of us can be sure that our rights won't be violated in some way, especially while we openly carry a gun. My only suggestion would be to become thoroughly familiar with state, local, and Federal gun laws, carry some kind of recording device when carrying, and to never argue or threaten LEOs if you come in contact with them as a result of simply carrying a gun openly.

    Know your rights and don't consent to illegal searches, but don't physically resist, either. Again, just my opinion
    Thanks For the Link i just finished reading it and its very educational, i will continue to read about the NC laws, and thanks for the help!
    & quick question my twin brother lives in Benson does the same law applys if he comes to Selma? because its still in NC right?

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    Regular Member rotorhead's Avatar
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    Quote Originally Posted by Dominique21 View Post
    Thanks For the Link i just finished reading it and its very educational, i will continue to read about the NC laws, and thanks for the help!
    & quick question my twin brother lives in Benson does the same law applys if he comes to Selma? because its still in NC right?
    NC has preemption which basically means that all state laws apply evenly across the state and that state law reigns supreme when there is conflict with local ordinances. There are certain exceptions in some towns and cities (for example, Durham County is allowed to require it's residents to register handguns, etc), but overall, preemption creates uniformity across the state and within it's borders. In other words, he should be good.
    Last edited by rotorhead; 04-22-2013 at 12:51 PM.

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    Lucky Boston does not have a similar law ... I saw pics of guys with guns terrorizing a whole town!

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    Regular Member carolina guy's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Lucky Boston does not have a similar law ... I saw pics of guys with guns terrorizing a whole town!
    :-) But that's ok...they are the "good" guys.
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

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    Regular Member carolina guy's Avatar
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    Quote Originally Posted by rotorhead View Post
    Here is a decent enough summary of GATTTOTP:

    http://nccriminallaw.sog.unc.edu/?p=4022

    In State v Huntley, it was determined that a gun does satisfy the requirements of being an unusual weapon in that case, but since OC is not determined to be illegal in NC (although it's practice can be restricted in certain situations), simply openly carrying a gun is not enough to be subject to being charged with GATTTOTP. A few conditions must exist before the charge is valid, such as intentionally causing terror in public with a gun, etc. Openly carrying a gun is not a crime, but using that gun as part of a crime is, and therein is "supposed" to be the difference.

    Even the circumstances which you introduce, being a black man with a gun, is not enough for a crime to be charged. Carrying a gun is openly where not restricted is not a crime. Being black is not a crime. Being black and openly carrying a gun where not restricted is not a crime. However, carrying a gun and threatening others with it on a public way *is* a crime, whether or not you are black and could you with being charged with GATTTOTP, along with other possible charges.

    Much of it comes down to the *intent* of the action where a gun is involved. But, the vagueness of the law sometimes comes into question.

    Please take all of this as my opinion as I am not a lawyer. Others will have opinions as well, which will be just as valid.

    All in all, it's not a very commonly used charge, especially when used as a stand alone charge. It's normally tacked on with other charges, but it's not limited to that condition.

    You can never know when your rights will be violated and that's not limited to back men when it comes to the entirety of law enforcement. None of us can be sure that our rights won't be violated in some way, especially while we openly carry a gun. My only suggestion would be to become thoroughly familiar with state, local, and Federal gun laws, carry some kind of recording device when carrying, and to never argue or threaten LEOs if you come in contact with them as a result of simply carrying a gun openly.

    Know your rights and don't consent to illegal searches, but don't physically resist, either. Again, just my opinion
    +1 I would also through in (my opinion...hardly worth $0.02 anymore) with you that there is no reason to argue with the LEO...they are not going to be impressed with your knowledge of state/federal laws and court precedent. Just stay polite, FIRM and know your rights. If they violate your rights, be ready to take them to task later.

    IANAL.
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

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    I terrorize w/o a gun ..........

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    Quote Originally Posted by carolina guy View Post
    :-) But that's ok...they are the "good" guys.
    Okay. I'm sure all the pics I saw of people having their bags searched at gunpoint gave consent. It's okay to throw the Amendments out the window for the greater good just like they did in California. Shoot up a truck because it is similar to one on a BOLO. The women had to get an attorney involved to be compensated for the loss of the vehicle after it was confiscated as evidence. Wonder who will pay for the guy's boat in Watertown? Oh wait, the public is having to start a fundraising campaign to buy the guy a new boat that the police/FBI shot up and flash banged.

    I'm sure you are being facetious though.
    "I'm kinda high (or maybe low) profile around here, to hate on me is just sour grapes." - NCHeel

    "Nuts" followed by "You can go straight to Hell." Jake from Jericho

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    Quote Originally Posted by NC-Heel View Post
    Okay. I'm sure all the pics I saw of people having their bags searched at gunpoint gave consent. It's okay to throw the Amendments out the window for the greater good just like they did in California. Shoot up a truck because it is similar to one on a BOLO. The women had to get an attorney involved to be compensated for the loss of the vehicle after it was confiscated as evidence. Wonder who will pay for the guy's boat in Watertown? Oh wait, the public is having to start a fundraising campaign to buy the guy a new boat that the police/FBI shot up and flash banged.

    I'm sure you are being facetious though.
    Quite.
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

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    Regular Member papa bear's Avatar
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    MCBETH, i believe that is the best thing you wrote

    but back to OT. DOMINIQUE welcome to the forum. i am always glad to hear from our brothers bucking the Jim Crowe laws.

    the GTTTOTP is a hard law to apply and even harder to convict. there actualy been cases of times the law was applied accurately (IMHO). there are 4 criteria that must be met. hard to do

    as you know a LEO can BF you on the hood of their car, and there isn't a legal thing you can do about it. but usually the courts will vindicate you. there are some LEO that they know you will beat the rap but not the ride. just like Rosa Parks, you will have to decide weather are not you are going to the back of the bus.

    Please carry and carry often , and teach others it is OK
    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.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

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

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    Thumbs up

    Quote Originally Posted by papa bear View Post
    MCBETH, i believe that is the best thing you wrote

    but back to OT. DOMINIQUE welcome to the forum. i am always glad to hear from our brothers bucking the Jim Crowe laws.

    the GTTTOTP is a hard law to apply and even harder to convict. there actualy been cases of times the law was applied accurately (IMHO). there are 4 criteria that must be met. hard to do

    as you know a LEO can BF you on the hood of their car, and there isn't a legal thing you can do about it. but usually the courts will vindicate you. there are some LEO that they know you will beat the rap but not the ride. just like Rosa Parks, you will have to decide weather are not you are going to the back of the bus.

    Please carry and carry often , and teach others it is OK
    Thanks for the education I enjoy the forums so much to learn, I want to visit like a rally of gun
    owners? But how do I know when there's one? & do I need to learn about just OC or the whole gun law
    Last edited by Dominique21; 04-23-2013 at 05:53 PM.

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    Quote Originally Posted by Dominique21 View Post
    Thanks for the education I enjoy the forums so much to learn, I want to visit like a rally of gun
    owners? But how do I know when there's one? & do I need to learn about just OC or the whole gun law

    Try here:

    http://www.meetup.com/Triangle-Open-...ents/75672952/

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    [QUOTE=Dominique21;1929890]Thanks for the education I enjoy the forums so much to learn, I want to visit like a rally of gun
    owners? But how do I know when there's one? & do I need to learn about just OC or the whole gun law[/QUOTE

    Know the laws like the back of your hand, concealed and open which are about the same but some variations, any questions and everyone on here will do there best to answer or point you in the right direction. There are meetups every now and again around several cities, I haven't been to one in a while but they are cool to go to every once in a blue moon.

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    Quote Originally Posted by Dominique21 View Post
    Thanks for the education I enjoy the forums so much to learn, I want to visit like a rally of gun
    owners? But how do I know when there's one? & do I need to learn about just OC or the whole gun law
    Dominique, I have a group called Triangle Open Carry that meets in the Raleigh and local areas. Our next meetup is on May 11th at McCall BBQ and Seafood in Clayton.
    We have been meeting there for 2 years and the are very friendly to OC. Please join us at our next meetup,see the website in my signature line for the website. We have a good relationship with LEO in Johnston County,Several LEOs are members of our group.
    Hope to see you at our meetups.
    Lannie Godwin
    www.meetup.com/Triangle-open-carry
    GRNC Member and volunteer, NRA member and volunteer. Open Carry Advocate
    Triangle Open Carry Co-Organizer: Co-Chairman Johnston county Friends of the NRA.

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