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Thread: Would this be considered Open Carry?

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    Regular Member nacrawley190's Avatar
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    Would this be considered Open Carry?

    I'm waiting for my CCW permit but my holster is here. I don't like being without my firearm. Would this be accepted as open carry?



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    Campaign Veteran G22shooter's Avatar
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    I am not sure, by the law. When I want to be sure, I wear an OWB holster.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by nacrawley190 View Post
    I'm waiting for my CCW permit but my holster is here. I don't like being without my firearm. Would this be accepted as open carry?

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    Welcome to OCDO nacrawley - lots of good people here.

    Many questions are state specific. Presume because you posted this in the NC sub-forum you are in that state. Yep, that's OC - anyone can look at it and discern precisely what it is. Familiarize yourself with the NC laws as there are a few fishhooks.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

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    Regular Member nacrawley190's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Welcome to OCDO nacrawley - lots of good people here.

    Many questions are state specific. Presume because you posted this in the NC sub-forum you are in that state. Yep, that's OC - anyone can look at it and discern precisely what it is. Familiarize yourself with the NC laws as there are a few fishhooks.
    Thanks. Where's the best place to find NC open carry law spelled out?

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    Regular Member WalkingWolf's Avatar
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    Yes it is OC and legal in NC, just don't let any clothing slip over it.
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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by nacrawley190 View Post
    Thanks. Where's the best place to find NC open carry law spelled out?

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    NC is a common law state, many things are not spelled out. If the gun is visible, not just printing, it is in the open. If a gun is printing even though under clothing it is concealed.

    Personally for myself I do not want to carry IWB, I find it uncomfortable and unnecessary for me. For someone that switches between CC and OC it makes more sense.
    Last edited by WalkingWolf; 06-02-2014 at 04:55 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.
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    Regular Member solus's Avatar
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    Quote Originally Posted by nacrawley190 View Post
    Thanks. Where's the best place to find NC open carry law spelled out?

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    gentle greetings to the OC forum and for join'g the NC cadre who OC...

    per your request and for your reading pleasure: http://www.ncdoj.gov/getdoc/32344299...-gun-Laws.aspx

    NC AG's thoughts on firearms.

    NC statutes can be located here: http://www.ncleg.net/gascripts/statutes/statutes.asp

    a personal nit...here in the Tarheel state, it is called a CHP, Concealed Handgun Permit.

    (there will be a test later over all the material referenced here...)

    where do you hail from in the state as there some areas which have regular meet and greets and other areas not so much camaraderie...but again welcome...

    ipse
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    Regular Member nacrawley190's Avatar
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    Quote Originally Posted by solus View Post
    gentle greetings to the OC forum and for join'g the NC cadre who OC...

    per your request and for your reading pleasure: http://www.ncdoj.gov/getdoc/32344299...-gun-Laws.aspx

    NC AG's thoughts on firearms.

    NC statutes can be located here: http://www.ncleg.net/gascripts/statutes/statutes.asp

    a personal nit...here in the Tarheel state, it is called a CHP, Concealed Handgun Permit.

    (there will be a test later over all the material referenced here...)

    where do you hail from in the state as there some areas which have regular meet and greets and other areas not so much camaraderie...but again welcome...

    ipse
    Thank you.
    I live in Rocky Mount.

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    Regular Member dmatting's Avatar
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    Read the NC OC Flyer. It references NC General Statutes for you to review in more detail and also references some court cases that are on the side of the OCer.

    http://forum.opencarry.org/forums/sh...Carolina-Flyer

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    Just from a tactical standpoint, I wouldn't want to OC in a holster without some positive retention. That looks like a hybrid, "Crossbreed" type holster, which gives you very little actual retention.

    I know you didn't ask, but I offered anyways.


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    If you are in a car with OC, it's considered "concealed" even though it is carried open on your person according to the local police and magistrates in my neck of the woods.

    The laws are clear for NC, but it all depends on what officer you come across and his or her interpretation of the law. It's sad really, many of those hired to enforce the laws do not even fully understand them.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by LawAbidingCitizen111 View Post
    If you are in a car with OC, it's considered "concealed" even though it is carried open on your person according to the local police and magistrates in my neck of the woods.

    The laws are clear for NC, but it all depends on what officer you come across and his or her interpretation of the law. It's sad really, many of those hired to enforce the laws do not even fully understand them.
    North Carolina is a traditional open carry state. You MAY open carry in a motor vehicle.
    http://www.opencarry.org/?page_id=282

    Cannot remember the last time that anyone was charged with CC in their vehicle while OCing - it is a total non-issue in NC.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Grapeshot View Post
    North Carolina is a traditional open carry state. You MAY open carry in a motor vehicle.
    http://www.opencarry.org/?page_id=282

    Cannot remember the last time that anyone was charged with CC in their vehicle while OCing - it is a total non-issue in NC.
    I was charged so it's still an issue in NC in some parts, especially small and or corrupt towns. I spent 2 years in court before it was dismissed and the "officer" was fired from the force.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by LawAbidingCitizen111 View Post
    I was charged so it's still an issue in NC in some parts, especially small and or corrupt towns. I spent 2 years in court before it was dismissed and the "officer" was fired from the force.
    Understand your dilemma, but the exception does not make the rule.

    Were it me, there would be civil action pending.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Grapeshot View Post
    Understand your dilemma, but the exception does not make the rule.

    Were it me, there would be civil action pending.
    Oh there is something civil pending for sure. I know about 90% of officers are good people to the OC and 2A community, but there's still about 10% out there spread across the state that may not care or fully understand your rights to bear arms. I was unfortunate in who I came in contact with, it is rare but it does happen.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by LawAbidingCitizen111 View Post
    ...I know about 90% of officers are good people to the OC and 2A community, but there's still about 10% out there spread across the state that may not care or fully understand your rights to bear arms...
    I think there are very, very few officers who don't actually know the law. They may understand your rights just fine - but as long as there is little or no blowback from them enforcing their preferences,rather than the law, they will continue to do so.

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    Quote Originally Posted by BB62 View Post
    I think there are very, very few officers who don't actually know the law. They may understand your rights just fine - but as long as there is little or no blowback from them enforcing their preferences,rather than the law, they will continue to do so.
    I can agree with that one.

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    Regular Member OC for ME's Avatar
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    What? You trying to conceal that gat?
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Regular Member OC for ME's Avatar
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    Quote Originally Posted by OC for ME View Post
    What? You trying to conceal that gat?
    Looks fine until you start moving around during the day and the shirt starts to creep. Nothing wrong with that manner of carry as far as I am concerned, just letting you know what a cop could "claim" you trying to do.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Quote Originally Posted by OC for ME View Post
    Looks fine until you start moving around during the day and the shirt starts to creep. Nothing wrong with that manner of carry as far as I am concerned, just letting you know what a cop could "claim" you trying to do.
    Pretty much sums it up, it's better safe than sorry.

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    Quote Originally Posted by BB62 View Post
    I think there are very, very few officers who don't actually know the law. They may understand your rights just fine - but as long as there is little or no blowback from them enforcing their preferences,rather than the law, they will continue to do so.
    I call those enforcing "preferences" OPINION ENFORCEMENT OFFICERS or OEOs.
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by JoeSparky View Post
    I call those enforcing "preferences" OPINION ENFORCEMENT OFFICERS or OEOs.
    I like it.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member solus's Avatar
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    Quote Originally Posted by LawAbidingCitizen111 View Post
    If you are in a car with OC, it's considered "concealed" even though it is carried open on your person according to the local police and magistrates in my neck of the woods.
    The laws are clear for NC, but it all depends on what officer you come across and his or her interpretation of the law. It's sad really, many of those hired to enforce the laws do not even fully understand them.
    Not wishing to dredge up olde memories, so not sure when, where, or the particulars of your 'discussion' with local LE and judicial which ended poorly from your perspective, but of recent years the NC AG has put out a specific tome reflecting on their interpretation of NC firearm statutes and it specifically mentions CC/OC aspects of firearms in vehicles.

    so to be clear on firearms in vehicles, there are no laws within NC on firearm carry in a vehicle as evidenced by the NC AG's statement below so it is left to officer discretion, good or bad, as their interpretation wins based on the situation and attitudes along the side of the road.

    quote
    North Carolina law does not specifically address how to transport a weapon in an automobile. Therefore, the central question becomes: when is the weapon concealed and readily accessible to an occupant of an automobile? Obviously, a weapon would be concealed and readily accessible, and therefore in violation of North Carolina law, if it were placed in such areas of a vehicle as under the seat of the automobile; in a bag in the back seat; or in some other manner is covered or hidden within the easy reach of an occupant of the vehicle. It is our recommendation that firearms should not be carried in a glove compartment regardless of whether the compartment is locked or not.

    While a weapon carried openly in an automobile would not be concealed, there are other problems specific to this method of carrying a weapon. The principal drawback, of course, is in the event of an individual being stopped by a law enforcement official, the officer may not readily know that individual's purpose and intent for carrying a weapon. As such, it is imperative that an individual immediately notify an officer of the presence of any weapon in the automobile, for the officer's and the vehicle's occupants' safety. Another obvious drawback is that a valuable weapon may be in plain view for potential thieves to see. The prohibition to carrying concealed weapons applies not only to handguns and other weapons commonly thought of as being easily hidden, but also to "long guns" as well. Therefore, shotguns and rifles concealed behind the seat of pickup trucks, and elsewhere in other vehicles, could similarly violate North Carolina law. unquote http://www.ncdoj.gov/getdoc/32344299...-gun-Laws.aspx (Section IIID)

    the main thrust from the AG seems to be a consideration to notify the LE who, in the performance of their duties, you have a firearm on or about you. this is a mandatory requirement when NC citizens CC.

    ipse
    Last edited by solus; 06-14-2014 at 06:47 AM.
    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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