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Thread: Open Carry in Asheville and a Series of Unfortunate Events

  1. #1
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    Open Carry in Asheville and a Series of Unfortunate Events

    I'm a Virginia resident and I was heading to Asheville to visit some art galleries and decided I wanted to open carry since NC is an open carry state like VA. I wasn't sure if local laws could restrict carry so I phoned ahead to the Asheville PD. They informed me that OC was legal and they had recently changed the law regarding carrying to restaurants that serve alcohol, score! (I don't drink but that makes it inconvenient to eat with a group haha)

    Went out walking downtown with a friend around 11am. Around 1pm we went into a pawn shop and one of the employees asked if I was from out of town. I said yes and he proceeded to tell me OC was banned in Asheville. I told him I called ahead and it was perfectly legal. Walked out and went about my day. Around 6pm a couple friends and I were going to get some dinner a little ways from the galleries down near the edge of what I would call the art area.

    We ended up passing up the restaurant so we turned back and as we were walking back up the sidewalk I heard someone yell, "Hey you!" I turned around and a police officer had stopped her car in the road and was walking toward me. She said, "So what's the deal?" I said, "what are you talking about?" She pointed at my gun and I told her I always carry. She started getting all defensive and said she knew it was my right etc. She asked for my ID. I asked why she needed it. She then asked asked for my name..I told her Michael. She pressed for my last name but I told her Michael was my name. She got huffy and told me if I open carry in Asheville I will get the police called on me and that she was surprised no other officer had just stopped me anyway. I told her that her fellow officer who I held the door for at the police station while I was headed to the public restroom downtown earlier that day didn't seem to mind. She told me I was free to go and I turned to walk away. We walked a little bit up the sidewalk and someone said, "hey man is everything alright?" I looked over and the employee from the pawn shop was leaned up against a tree watching. Mind you, this occurred about five hours after I talked to him and about a half mile away from the pawn shop itself.

    Creepy. Haha

    Here is a little back story and the unfortunate event part of the story:

    http://www.change.org/petitions/donn...-reinstate-him

  2. #2
    Regular Member WalkingWolf's Avatar
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    Sounds like you handled the unfortunate situation correctly. You might want to consider contacting the chief to inform him that you were illegally approached by one of the officers and could file a civil suit. The right to OC has been clearly established by the NC Supreme court for decades, Kerner V State. And the federal district court established that OC is NOT RAS for a Terry stop, US V Black.
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    Regular Member Primus's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    Sounds like you handled the unfortunate situation correctly. You might want to consider contacting the chief to inform him that you were illegally approached by one of the officers and could file a civil suit. The right to OC has been clearly established by the NC Supreme court for decades, Kerner V State. And the federal district court established that OC is NOT RAS for a Terry stop, US V Black.
    A civil suit on what grounds? If i read his post correctly, he didn't give his ID, just a name, and was free to leave. It was an uninformed cop who either didn't know the new changes or doesn't like it. Either way it was no more then an encounter.

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    The unfortunate part is my biggest concern as of now...the stop is secondary haha

    One thing that took me off guard is during my hearing they told me that they had contacted Asheville PD for the police report etc. Apparantly getting illegally stopped by the police is a big deal when you are a student because that was apparantly the whole reason my professor decided to inform the college of the gun at all.

  5. #5
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by Primus View Post
    A civil suit on what grounds? If i read his post correctly, he didn't give his ID, just a name, and was free to leave. It was an uninformed cop who either didn't know the new changes or doesn't like it. Either way it was no more then an encounter.
    New changes??? Have you bothered to read the date on Kerner V State. The doesn't matter whether the officer was uniformed or not, the officer made a implied threat according to the OP, which is a violation of civil rights. Not to mention the US V Black is recent, and well documented to law enforcement which clearly makes the stop illegal and a violation of civil rights. Because the OP did not succumb to her demands does not make them legal or not a violation.

    If a officer asks/demands ID it is more than an encounter. A officer saying "Hi, how are you?" would be an encounter.

    What the officer should have done was observed and if no illegal activity was taking place minded her own firetrucking business. Which is the way our county handles OC.
    Last edited by WalkingWolf; 11-15-2013 at 03:25 PM.
    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

  6. #6
    Regular Member solus's Avatar
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    couple of things:
    1. first i was not there and only going on the OP's narrative, but...
    2. I personally do not respond well to 'hey you' hollar'd at me and tend to ignore those kinds of salutations...completely!!
    3. I find it interesting the bloke from pawn shop just happened to be around while 'hey you' conversation was transpiring - could he have called them?.
    4. what police report? filed against what name? might wish to get a copy of it to see exactly what it says.
    5. and in your blog you mention the professor found out about it...which one of your buddies snitch'd on you to the professor?
    6. your professor left you out to dry and you are now stuck flapping in the wind.

    finally, truth of the matter like it or not, you did in fact cause embarrassment, real or perceived, to the university elders by your actions as you were on a sanctioned 'field trip' as well as break their policy of having firearms on university property.

    lessons learned...eh don't be so trusting w/your professors and accept responsibility you are actually accountable for your actions even if you believe you have covered your bases, abet minimally.

    finally, quit talking about his out in public forum, immediately get an attorney to fight the university's suspension as this documented incident will follow you throughout your professional educational career, possibly barring you from grad opportunities and beyond, as well could impact your future employment, especially if the registrar makes a annotation in your school records.

    WW remember primus is a LE officer from outside our state's boundaries and just believes and sees things from a different perspective!!
    ipse
    Last edited by solus; 11-15-2013 at 05:27 PM.
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  7. #7
    Regular Member WalkingWolf's Avatar
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    I understand that, I assume he took a oath just like I did. He can either be a oath keeper, or a oath breaker. The choice is up to him, and I don't care to hear excuses from him. As a current LEO it is his DUTY to know the court rulings before he steps in deep dark brown matter.

    I have less tolerance for someone who should clearly know better. It is a shame this is what has happened to Law Enforcement.
    Last edited by WalkingWolf; 11-15-2013 at 06:16 PM.
    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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    @solus

    The teacher knew about it because we talked about it the next day. My artwork is usually political and/or gun related so I brought it up talking concepts with her. Her reaction was generally positive and thought it was a good experience for me she just told me she wouldn't bail me out of jail (her policy as she tells all art majors haha) She was the same professor that told me I could bring it in the first place but, according to my hearing, she directed another teacher to file the report with campus authorities.

    I have already been in contact with attorneys and have a scheduled meeting with the schools Chancellor Monday morning. The public discourse is to drum up support on my petition really. If I am gonna go down it will not be without a fight and no stone unturned.

    My congressman's office actually called me about an email I sent about this but APPARANTLY it is against Congressional ethics for them to get involved in school disciplinary issues. (insider trading is fine but you damn sure better not voice your opinion or help your constituents out!)



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    I was first confused when I read the post then finished the story. Sorry for the APD they do tend to over-react sometimes. Never had a problem carrying in Avl.

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