OC NC situational question

Dhmcalli · Feb 19, 2015

Hey guys new member here. I live in nc and have a NC Conceal carry permit. I prefer to conceal but where I live is fairly comfortable with open carry. My question however is this: Are there laws prohibiting open carry while a person has alcohol in their system? ( please spare my the " alcohol and guns don't mix.") this is a legality question.

I am absolutely not allowed to conceal carry once I have had any alcohol. I have never found anything definitive on whether I can simply switch to open carry and be back within my rights.

Opinions are welcome but facts and citations would be greatly appreciated.

XD40sc · Feb 19, 2015

Same situation, same question. I've seen many opinions going both way reading this and the NCGO forum, but nothing in the way of an actual law or actual case. Gray area to say the least, nor do I want to be a test case.

Grapeshot · Feb 19, 2015

Dhmcalli said:
Hey guys new member here. I live in nc and have a NC Conceal carry permit. I prefer to conceal but where I live is fairly comfortable with open carry. My question however is this: Are there laws prohibiting open carry while a person has alcohol in their system? ( please spare my the " alcohol and guns don't mix.") this is a legality question.

I am absolutely not allowed to conceal carry once I have had any alcohol. I have never found anything definitive on whether I can simply switch to open carry and be back within my rights.

Opinions are welcome but facts and citations would be greatly appreciated.

Welcome to OCDO.

Moved your thread/question to the NC sub-forum as the subject is state specific.

WalkingWolf · Feb 19, 2015

Dhmcalli said:
Hey guys new member here. I live in nc and have a NC Conceal carry permit. I prefer to conceal but where I live is fairly comfortable with open carry. My question however is this: Are there laws prohibiting open carry while a person has alcohol in their system? ( please spare my the " alcohol and guns don't mix.") this is a legality question.

I am absolutely not allowed to conceal carry once I have had any alcohol. I have never found anything definitive on whether I can simply switch to open carry and be back within my rights.

Opinions are welcome but facts and citations would be greatly appreciated.

If you are using your CC to OC in a restaurant you have to follow the same rules as if you are CCing, IMO. If you ask permission to OC from management or the owner your CHP does come into play. I OC exclusively, and I OC in restaurants that serve alcohol, I have never had a problem getting permission.

Welcome to OCDO!

Maverick9 · Feb 19, 2015

Why not use it as an excuse to quit drinking?

(ducks, hides)

Grapeshot · Feb 19, 2015

Maverick9 said:
Why not use it as an excuse to quit drinking?

(ducks, hides)

You may borrow this one if you wish

Or this one with a little more cushon

solus · Feb 23, 2015

first, welcome to the forum...
second, why on earth would you wish to have a firearm with any substance(s) in your system?
If for some reason you had to defend yourself with your firearm the prosecutor would have a field day and you could end up making little rocks out of big rocks.
Of course your attorney would be getting rich so i suppose the economy would benefit from your lack of common sense.

i did say welcome didn't i...

ipse

Grapeshot · Feb 23, 2015

While I will not indulge when carrying and I carry 100% of the time when out and about, the question will never be valid re my conduct in public.

However, no one has answered the OP's query as to the legality of OC with any amount of such substance in his system. IMO no one should be denied the right to defend themselves, but there are other laws that may apply i.e. public intoxication, DUI, etc.

solus · Feb 23, 2015

Grapeshot said:
While I will not indulge when carrying and I carry 100% of the time when out and about, the question will never be valid re my conduct in public.

However, no one has answered the OP's query as to the legality of OC with any amount of such substance in his system. IMO no one should be denied the right to defend themselves, but there are other laws that may apply i.e. public intoxication, DUI, etc.

NC statutes, GS 14-415.11 C2, specifically state: quote: It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in the person's body any alcohol or in the person's blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in the person's blood was lawfully obtained and taken in therapeutically appropriate amounts or if the person is on the person's own property. unquote

NC is the only state i know where you can lose your CHP by blowing any level of alcohol at a traffic stop yet not get arrested for a DWI.

you will note i have not quoted NC statutes which mention an 'opencarried' firearm...

however, Grape, I must reiterate my original statement to the OP...why on earth would you wish to have a firearm with substance(s) in your system?

ipse

bc.cruiser · Feb 23, 2015

Dhmcalli said:
Hey guys new member here. I live in nc and have a NC Conceal carry permit. I prefer to conceal but where I live is fairly comfortable with open carry. My question however is this: Are there laws prohibiting open carry while a person has alcohol in their system? ( please spare my the " alcohol and guns don't mix.") this is a legality question.

Opinions are welcome but facts and citations would be greatly appreciated.

No, there are not. And that's a fact.

http://www.ncga.state.nc.us/gascripts/statutes/StatutesTOC.pl?Chapter=0014

Grapeshot · Feb 24, 2015

bc.cruiser said:
No, there are not. And that's a fact.

http://www.ncga.state.nc.us/gascripts/statutes/StatutesTOC.pl?Chapter=0014

Apparently you did not read/follow the link directly above yours as provided by solus.

Plain reading does state the point of illegality.

bc.cruiser · Feb 24, 2015

Grapeshot said:
Apparently you did not read/follow the link directly above yours as provided by solus.

Plain reading does state the point of illegality.

I think my reading comprehension skills are decent. I answered the OP's question about OC and alcohol consumption. I am quite aware of the prohibition of the presence of alcohol while CCing. Solus even highlighted the provision that his cite referred to CC.

Grapeshot · Feb 24, 2015

bc.cruiser said:
I think my reading comprehension skills are decent. I answered the OP's question about OC and alcohol consumption. I am quite aware of the prohibition of the presence of alcohol while CCing. Solus even highlighted the provision that his cite referred to CC.

Meant you no insult.

How might you extrapolate this into anticipating how a prosecutor and judge may well see it? My goal is to avoid such circumstances as much as possible, not add negative fuel to the fire.

Maverick9 · Feb 24, 2015

solus said:
NC statutes, GS 14-415.11 C2, specifically state: quote: It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in the person's body any alcohol or in the person's blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in the person's blood was lawfully obtained and taken in therapeutically appropriate amounts or if the person is on the person's own property. unquote

NC is the only state i know where you can lose your CHP by blowing any level of alcohol at a traffic stop yet not get arrested for a DWI.

you will note i have not quoted NC statutes which mention an 'opencarried' firearm...

however, Grape, I must reiterate my original statement to the OP...why on earth would you wish to have a firearm with substance(s) in your system?

ipse

You'd have to be really foolish and lack total foresight to have this happen. If you are drinking, put the firearm in the trunk, locked in a gunsafe, and thus not be carrying. Or have a designated shotgun in the passenger seat.

WalkingWolf · Feb 24, 2015

Drinking is just not that important, at least for me. But there are plenty of non alcohol booze alternatives.

American Patriot · Feb 24, 2015

bc.cruiser said:
I think my reading comprehension skills are decent. I answered the OP's question about OC and alcohol consumption. I am quite aware of the prohibition of the presence of alcohol while CCing. Solus even highlighted the provision that his cite referred to CC.

"with or without a permit" Without a permit MEANS to Open Carry. NC does not allow Conceal Carry Without a Permit.

WalkingWolf · Feb 24, 2015

American Patriot said:
"with or without a permit" Without a permit MEANS to Open Carry. NC does not allow Conceal Carry Without a Permit.

LEO's do not need a permit to conceal in NC, probably a few other exceptions.

American Patriot · Feb 24, 2015

WalkingWolf said:
LEO's do not need a permit to conceal in NC, probably a few other exceptions.

Why would anyone go through BLET and be employed as a LEO just to carry concealed?

My previous comment goes to the OP question whether it is legal to open carry while alcohol is in ones system.

Are there laws prohibiting open carry while a person has alcohol in their system?

NC statutes, GS 14-415.11 C2, specifically state: quote: It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in the person's body any alcohol or in the person's blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in the person's blood was lawfully obtained and taken in therapeutically appropriate amounts or if the person is on the person's own property. unquote

"Without a permit" addresses open carry.

bc.cruiser · Feb 24, 2015

American Patriot said:
"with or without a permit" Without a permit MEANS to Open Carry. NC does not allow Conceal Carry Without a Permit.

You are reading that wrong. It is saying that having alcohol or some other substance in the blood/body is illegal when you are carrying CC, whether you have a permit or not. After all, you do not require a permit to CC on your own property; you are not required to have a permit to CC at all, if you do not wish to be lawful. This particular paragraph simply provides provision for an additional charge to prosecute.

Now, what I have posted is in response to the OP's specific question, within the parameters he set: Law, not opinion. Addressing the question as regards to my opinion, your opinion, or our techniques for avoiding or dealing with the idea of mixing alcohol and firearms was not part of it. If what I posted is considered adding negative fuel to the fire, blame the statute itself.

solus · Feb 24, 2015

American Patriot said:
"with or without a permit" Without a permit MEANS to Open Carry. NC does not allow Conceal Carry Without a Permit.

Really AP, you reached this conclusion how?

so you truly feel all the NC bad guys who carry a firearm concealed on their person while entering businesses to rob them or otherwise do harm to the business have their CHP? Surely AP, the bad guys wouldn't be contrary to NC statutes would they? So if the bad guys are caught, the DA also charges them for carrying w/o a CHP?

ipse

PS AP, already quoted that NC statute...

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