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Thread: new law in durham?

  1. #1
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    new law in durham?

    this is the conversation on another site, as you can tell the group is highly supportive of oc anyway, they mention this new law that outright bans oc in durham and i cant find a single thing about it and nobody can provide a source. i say its complete bs, but wanted to see if anyone else had heard of any new restrictions.

    It is against the law to open carry in Durham county period. Just passed this year



    Archer, where did you see, hear or read that at? I have never heard that law in Durham County. Not saying you are not correct I just never heard that it was illegal to open carry in Durham County.


    He is correct. You won't hear anything about it. Don't know if it will be enforced or not. Durham Co. also has an assault weapons ban, passed back in the '90's that prohibits a weapon with a detachable magazine capable of holding more than 10 rounds (should have said rifle). It has never been enforced, no arrests have been made. The Sheriff's office also tells you that you must register your handgun within 10 days of buying it. That law was declared unconstitutional back in the early '80's.

    Previously, anyone walking down the street with a shotgun or rifle was subject to arrest for going armed to the terror of the people. His intent was judged by his actions, but most people were arrested. Carrying a handgun in an open holster was legal up until now. No open carry in Dirty Durham.

  2. #2
    Regular Member solus's Avatar
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    Quote Originally Posted by diablos30 View Post
    this is the conversation on another site, as you can tell the group is highly supportive of oc anyway, they mention this new law that outright bans oc in durham and i cant find a single thing about it and nobody can provide a source. i say its complete bs, but wanted to see if anyone else had heard of any new restrictions.
    It is against the law to open carry in Durham county period. Just passed this year
    Archer, where did you see, hear or read that at? I have never heard that law in Durham County. Not saying you are not correct I just never heard that it was illegal to open carry in Durham County.
    He is correct. You won't hear anything about it. Don't know if it will be enforced or not. Durham Co. also has an assault weapons ban, passed back in the '90's that prohibits a weapon with a detachable magazine capable of holding more than 10 rounds (should have said rifle). It has never been enforced, no arrests have been made. The Sheriff's office also tells you that you must register your handgun within 10 days of buying it. That law was declared unconstitutional back in the early '80's.
    Previously, anyone walking down the street with a shotgun or rifle was subject to arrest for going armed to the terror of the people. His intent was judged by his actions, but most people were arrested. Carrying a handgun in an open holster was legal up until now. No open carry in Dirty Durham.
    and you do not even provide a cite so readers can collaborate your post and read the context of this material.

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

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    Regular Member solus's Avatar
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    thank you...now i have a context for the entire conversation along with a timeline and as paul harvey said...the rest of the story...

    archer's, who is from atlanta, comment was over a year ago (jun 13) and nothing else was posted until late may of this year. (btw archer seems to have been off the air on this and other NC firearm sites

    diablos30 stepped into the conversation this may and stated :

    quote please cite, durham doesn't possess magical powers and can't just bypass state preemption laws. unquote.

    as expected due to this being an olde thread, archer won't get a cite response from archer...

    now, to clear up one of your misstatements, the thread you referenced, seems to be definitely against OC but like the privilege of CC, except diablos30 and a couple of others who stand up.

    now let me do some further research and will ping you back shortly...

    ipse

    addendum: olde OCDO threads on subject

    http://forum.opencarry.org/forums/sh...ghlight=durham
    http://forum.opencarry.org/forums/sh...ghlight=durham
    Last edited by solus; 05-27-2014 at 10:11 PM.
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  5. #5
    Regular Member solus's Avatar
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    btw, welcome back to the forum after your hiatus...

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

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    Regular Member dmatting's Avatar
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    The city of durham recently passed an ordinance against the display of weapons in public places. Its late and I'm replying from my phone so I'll see if I can locate it tommorow

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    Quote Originally Posted by solus View Post
    btw, welcome back to the forum after your hiatus...

    ipse
    oh i get on and read but don't post much, still learning from those far more knowledgeable than i.

  8. #8
    Regular Member dmatting's Avatar
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    I knew this had already been discussed. The ordinance is a bunch of hooey, IMHO, since OC has been upheld in State V Kerner. But, IANAL or a judge and YMMV.

    I'm wondering whether I should uprev the OC flyer to include this or not...

    Anyway, here is a link to the prior discussion...

    http://forum.opencarry.org/forums/sh...=1#post2054570

  9. #9
    Regular Member solus's Avatar
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    the ordinance is dated 94, so i believe the NC GA changes win, but w/durham's LEs running around would not take that bet...their bracelets are way too much bling for my tastes.

    diablo, come out of hiding and lets say hello & grab a bite to eat...it is extremely lonely roaming around rural, religious eastern NC by myself...

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  10. #10
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    Quote Originally Posted by solus View Post
    the ordinance is dated 94, so i believe the NC GA changes win, but w/durham's LEs running around would not take that bet...their bracelets are way too much bling for my tastes.

    diablo, come out of hiding and lets say hello & grab a bite to eat...it is extremely lonely roaming around rural, religious eastern NC by myself...

    ipse
    Your not alone, I roam the same ground, our paths just have yet to cross.

  11. #11
    Regular Member Liberty-or-Death's Avatar
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    I used to roam EC. Been many years though.

    μολών λαβέ
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  12. #12
    Regular Member dmatting's Avatar
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    I posted a link to a discussion that gave the wrong ordinance. Durham City modified section 46-22 on April 15, 2013. Their definition of city property includes streets, sidewalks, and alleyways...

    Here is a link to the Durham City codes from municode. Go to "Chapter 46 -PUBLIC SAFETY" in the left hand window.then click on Article II in the right hand window.
    https://library.municode.com/index.aspx?clientId=19967

    For brevity, I edited out the entire list of prohibited areas below. Follow the link if you want to read them all
    All emphasis in the quote below is mine...
    Sec. 46-22. Display and possession of dangerous weapons—Prohibited on certain city property.

    (a)
    It is unlawful for any person to display a dangerous weapon while on or in city property, or to leave displayed a dangerous weapon within a motor vehicle while the vehicle is on city property. Notwithstanding the foregoing, this section shall not prohibit the display of a long gun being stored in a locked gun rack in an attended motor vehicle, or a locked unattended motor vehicle, while the vehicle is on city property.
    (b)
    The city manager, or his or her designee, may permit the posting of a prohibition against carrying a concealed handgun, in accordance with G.S. 14-415.11(c), on the city property identified below. Notwithstanding the foregoing, this section shall not prohibit a concealed handgun permittee from storing a handgun within the trunk, glove box, or other enclosed compartment or area within or on a locked motor vehicle while the vehicle is on city property.
    (1)
    Any city building and its appurtenant premises;
    (2)
    The following recreational facilities:
    a.
    Each playground, including each sprayground, at or within:
    1.
    American Village Park located at 4703 American Village Drive;
    2.
    Bay-Hargrove Park located at 208 Hargrove Street;

    .....

    59.
    Wrightwood Park located at 1301 Anderson Street.
    b.
    Each athletic field at or within:
    1.
    C.M. Herndon Park located at 511 Scott King Road;
    2.
    C.R. Wood Park located at 417 Commonwealth Avenue;

    ....

    30.
    Durham Athletic Park located at 500 W. Corporation Street.
    c.
    Each of the swimming pools identified below:
    1.
    Campus Hills Pool located at 2000 S. Alston Avenue;
    2.
    Edison Johnson Aquatic Center located at 500 W. Murray Avenue;

    ....

    34.
    Hillandale golf course located at 1600 Hillandale Road.
    (c)
    For purposes of this section, the following words have the meaning indicated:
    Athletic facility means a building or structure used for athletic or sporting activities, fitness or physical training.

    Athletic field means an outdoor area used for organized athletic or sporting events including any appurtenant areas designed, designated or used for spectators, the sale of goods, or food or beverage preparation or consumption, and restroom facilities.

    City property means any building including its grounds, park, recreation facility, athletic field, swimming pool, playground, cemetery, landfill, parking garage, parking lot, streets, sidewalks, alleyways, or other public property owned by the city or leased by the city as lessee. City property does not include: property leased, subleased or rented by the city to a private person or entity; or ranges legally permitted by the chief of police.

    Dangerous weapon means any firearm, pump gun, air rifle, air pistol, BB gun, crossbow, bow and arrow, bowie knife, dirk, dagger, slingshot, loaded cane, metallic knuckles, razor, shuriken, stun gun, switch blade knife, black jack, or any other weapon of like kind.

    Handgun means a firearm that has a short stock and is designed to be held and fired by the use of a single hand.

    Long gun means a shotgun or rifle which expels a projectile by action of an explosion.

    Playground means an outdoor area designed, designated or equipped for recreation especially by children including any appurtenant areas designed or designated for food or beverage consumption, and restroom facilities. The term playground shall include a sprayground.

    Recreational facility means an athletic facility, an athletic field, a playground or a swimming pool.

    Sprayground means a playground designed or equipped for interaction with artificially created water fountains, sprays or jets.

    Swimming pool means an artificially enclosed body of water intended for swimming or water-based recreation including any appurtenant deck, areas designed or designated for food or beverage preparation, sales or consumption, and changing, shower or restroom facilities.

    (d)
    Conduct prohibited by this section shall not apply to:
    (1)
    Sworn law enforcement officers while in the discharge of their official duties;
    (2)
    Members of the United States armed forces or national guard while in the discharge of their official duties;
    (3)
    Any person possessing a dangerous weapon in a city cemetery for the purpose of conducting a military or law enforcement funeral or commemorative exercise pursuant to first having obtained written permission from the city manager or his or her designee;
    (4)
    Any person possessing a dangerous weapon in a city park for ceremonial or recreational purposes pursuant to having first obtained valid written permission from the director of parks and recreation or his or her designee.
    (Code 1964, 13-33; Code 1982, 12-22; Ord. No. 9738, 1, 12-21-1992; Ord. No. 10626, 1, 11-6-1995; Ord. No. 11708, 6-7-1999; Ord. No. 14435, 4-15-2013)
    Editor's note—

    Ord. No. 14435, adopted April 15, 2013, changed the title of section 46-22 from "Discharging firearms—Prohibited on certain city property" to "Display and possession of dangerous weapons—Prohibited on certain city property." The historical notation has been preserved for reference purposes.
    Last edited by dmatting; 05-29-2014 at 10:30 AM.

  13. #13
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    i pretty well figured there was no outright ban on oc and those guys were full of it.

    as for getting out, one of these days i'll be finished with school and free of homework and term papers...one day.

  14. #14
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    Question n00b with question

    So, am new to the OC and after reading this am a bit confused. It looks like this is saying we cannot carry in any property that belongs to the city. Does that mean anywhere in the city of Durham, or specifically just specific city owned/operating facilities? If I were to go to RISE, for instance, where there are no signs posted - inside city limits - would I still be ok? I mostly want to make sure I am understanding everything before venturing out. Thanks for the help with the new kid on the block

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    I see a problem with this...

    First, it specifies sidewalks as prohibited, yet recognizes that it can not regulate firearms within "private" spaces such as shops, even if in a county owned building. Thus, you could CC into the shop, and presumably switch to open carry (though trying it is likely to be considered "brandishing" and thus isn't a smart option) or you simply don't OC. Know any buildings in Durham you can enter via foot without crossing a street/sidewalk/allweyway? As written, it does not regulate (which would require some allowance for OC) but instead restricts OC. Given that the GC does allow a municipality to regulate carrying on public property, I am surprised this has not been challenged as a total restriction vs regulation.

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