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Signs prohibiting firearms must be removed

H

Hydroplex75

New member
Joined
Apr 24, 2013
Messages
1
Location
Fayetteville, NC
I recently was told by a deputy in Hoke County, NC that I must secure my Springfield xd .40 in my vehicle while attending a baseball game with my fiancé and her children. I was told I had to comply because there was a sign by the consecutions stand that stated “firearms and weapons are prohibited on the premise.” I was open carrying.
Interesting I thought because in 2011 NC General Statute 14 415.23 regarding Statewide uniformity prohibits counties from prohibiting concealed carry at places like greenways and parks. I was then told that I was at a “recreational facility” not a park. Even better I thought because the NC General Statues regarding general firearms display, concealed carry, and prohibition state that the county must pass an ordinance prohibiting the display of firearms and specifically state were they are prohibited.
I’m sure readers are aware of Carry, NC that is well known for their open ban on display and concealed carry on county property, because they passed an ordinance. Hoke County does not have an ordinance, just a sign. I believe that if I were to be arrested because I was open carrying legally, while my arrest would be based on a sign not an ordinance/law punitive damages would be in order.
Are these signs non-in void since there is no county ordinance in place prohibiting firearms on county facilities; though they have the ability to do so they have not?

Link to NC General Statues: http://nccriminallaw.sog.unc.edu/?p=2913&cpage=1#comment-18696
 
WalkingWolf

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Hydroplex75 said:
I recently was told by a deputy in Hoke County, NC that I must secure my Springfield xd .40 in my vehicle while attending a baseball game with my fiancé and her children. I was told I had to comply because there was a sign by the consecutions stand that stated “firearms and weapons are prohibited on the premise.” I was open carrying.
Interesting I thought because in 2011 NC General Statute 14 415.23 regarding Statewide uniformity prohibits counties from prohibiting concealed carry at places like greenways and parks. I was then told that I was at a “recreational facility” not a park. Even better I thought because the NC General Statues regarding general firearms display, concealed carry, and prohibition state that the county must pass an ordinance prohibiting the display of firearms and specifically state were they are prohibited.
I’m sure readers are aware of Carry, NC that is well known for their open ban on display and concealed carry on county property, because they passed an ordinance. Hoke County does not have an ordinance, just a sign. I believe that if I were to be arrested because I was open carrying legally, while my arrest would be based on a sign not an ordinance/law punitive damages would be in order.
Are these signs non-in void since there is no county ordinance in place prohibiting firearms on county facilities; though they have the ability to do so they have not?

Link to NC General Statues: http://nccriminallaw.sog.unc.edu/?p=2913&cpage=1#comment-18696
Click to expand...

If I am not mistaken parks are mentioned as places that can be restricted. Open carry is not allowed in state parks by regulation.
 
papa bear

papa bear

Regular Member
Joined
Jul 25, 2010
Messages
2,222
Location
mayberry, nc
either way . you must have the states permission to hide your firearm. a person could challenge the local ordinance, but you will still be arrested. then you must plat it out in court

hopefully with the new laws it will correct some of the problems

and BTW it is up to folks like you to make sure your local municipalities do the right thing and change the signs. if you need help let us know
 
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F

FlyBoy276

Regular Member
Joined
Oct 20, 2011
Messages
144
Location
Raleigh
Was this admission charged to see the game? I thought one couldn't carry at places that charge admission?

*EDIT*
§ 14‑269.3. Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed.

(a) It shall be unlawful for any person to carry any gun, rifle, or pistol into any assembly where a fee has been charged for admission thereto, or into any establishment in which alcoholic beverages are sold and consumed. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

(b) This section shall not apply to the following:

(1) A person exempted from the provisions of G.S. 14‑269;

(2) The owner or lessee of the premises or business establishment;

(3) A person participating in the event, if he is carrying a gun, rifle, or pistol with the permission of the owner, lessee, or person or organization sponsoring the event; and

(4) A person registered or hired as a security guard by the owner, lessee, or person or organization sponsoring the event. (1977, c. 1016, s. 1; 1981, c. 412, s. 4, c. 747, s. 66; 1993, c. 539, s. 165; 1994, Ex. Sess., c. 24, s. 14(c).)
Click to expand...
 
Last edited:
bc.cruiser

bc.cruiser

Regular Member
Joined
Apr 2, 2011
Messages
786
Location
Fayetteville NC
Contact the Hoke county manager (Tim Johnson) and ask who posted the facility. Ask the county attorney what the legal basis is. Contact the county commission to find where copies of council meetings are kept; any discussion and ordinance making would be since 30 June 2011. If there is nothing enacted against CC, then you may use NC law as your basis, but only for CC.

If that sign was placed by the county then OC is certainly prohibited; if they actually have an ordinance on the books in compliance with 13-415.23, then CC is also banned.

HB937 is trying to straighten out the definitions of places that municipalities may restrict CC. It does not, however, recognize OC. Fail. While many cities/towns restricted as much as possible, others (such as Scotland county) decided to leave things alone and let state law reign.

From your post, the deputy did not seem to be on a power trip or try to be a butt-head. I say good for him, and thank you for the info.
 
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