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

rotorhead said:

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

Click to expand...

Dominique21 said:

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?

Click to expand...

davidmcbeth said:

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

Click to expand...

rotorhead said:

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

Click to expand...

carolina guy said:

But that's ok...they are the "good" guys.

Click to expand...

NC-Heel said:

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.

Click to expand...

papa bear said:

MCBETH, i believe that is the best thing you wrote :banana:

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

Click to expand...

Dominique21 said:

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

Click to expand...

Dominique21 said:

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.

Click to expand...

Dominique21 said:

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

Click to expand...