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Thread: Some H937 Loopholes??

  1. #1
    Regular Member carolina guy's Avatar
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    Some H937 Loopholes??

    I noticed these...please let me know if you think I am all wet...

    Original:
    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).)
    HB 937 amended/added:
    SECTION 3. G.S. 14-269.3(b) reads as rewritten: "(b) This section shall not apply to any of 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 the person is carrying a gun, rifle, or pistol with the permission of the owner, lessee, or person or organization sponsoring the event.
    (4) A person registered or hired as a security guard by the owner, lessee, or person or organization sponsoring the event.
    (5) A person carrying a handgun if the person has a valid concealed handgun permit issued in accordance with Article 54B of this Chapter, has a concealed handgun permit considered valid under G.S. 14-415.24, or is exempt from obtaining a permit pursuant to G.S. 14-415.25. This subdivision shall not be construed to permit a person to carry a handgun on any premises where the person in legal possession or control of the premises has posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with G.S. 14-415.11(c)."
    The way I read this, the owner of the "establishment" can only post "a conspicuous notice prohibiting the carrying of a concealed handgun on the premises" ... so, I read this as:

    1) If the owner posts a proper prohibition against CC, and you are OC (but in possession of a CHP), the MOST that can happen is that you are asked to leave...you cannot be charged with anything IF you leave when asked.

    2) If the owner posts a general prohibition against "weapons or firearms" and you leave if requested, you cannot be charged with anything since the notice did not meet the requirements under the GS.
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

  2. #2
    Regular Member REDFIVE48's Avatar
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    I read it the same way, very similar to like the old statute about no Concealed Weapons in banks and then a bank posts a No Concealed Weapons sign. Only difference here is that addition of the permit having to be obtained.

  3. #3
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    Just let me clarify here. You are punching holes in wording by saying that in situation 1 the sign must read no Open Carry and no Conceal Carry. If they leave one out than you can do the other. Also, in section two if its a general no weapons sign that will not fit either category.

    I just want to clarify because Golden East in Rocky Mount, NC states no concealed guns or weapons. Many have walked in there, pulled their shirt over their weapon as to no longer conceal it, and have been asked to leave as the mall has a no firearm rule. The mall in Greenville has a list of rules on the main mall entrance doors listing 10 rules. These rules prohibit numerous things and number 8 states no guns or weapons.

    In Golden East it should be legal to OC until the mall asks you to leave as up until that point no law has been broken. In the Greenville Mall you should be able to CC as the sign doesn't specifically state no CC.

    I know if I sent my kid to their room and they start playing video games when they are supposed be being punished the punishment would be far more severe. I believe the same principle applies here.

  4. #4
    Regular Member WalkingWolf's Avatar
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    A code of conduct is a lot different then a trespass sign, IMO. I CC in Cross Creek Mall years ago. They had a code of conduct posted in food court, the only place they posted a sign. I have not been there in probably 10 years, I don't like those places very much and my wife finally tired of them.

    Signs mean jack unless the stores have secret physic powers. Sometimes the lack of common sense among the populace, the GA, amazes me. The lobbyists just love it though.

    I OC and respect signs, if proper signs, and properly placed. I find plenty of restaurants to open carry to eat without a problem. But I also know that most CHP holders I have asked have been CCing in alcohol serving restaurants for years.

    One of the news stations did a report, and a interview with a restaurant that already posted signs. In the interview they said it has not stopped CC in years past, they do not expect the signs to stop CC now. CHP holders, or unlicensed CC will still drink, that is the purpose of a restaurant that sells alcohol for consumption. The common sense thing for people's safety would be to only allow OC, with or without a permit, and make consumption while carrying concealed a felony. I do not expect problems, no more than problems we have not had. BUT according GRNC only CHP holders are sane, sober, safe to carry, they got what they wanted they damn sure better live up to it.

    Common sense tells them so. Concealed always has been concealed, it always has been covert by nature.
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