New to OC

knd578 · Mar 10, 2015

Hello,

I'm new to OC. I live in Greensboro and was wanting to get some advice/suggestions about OC and specifically how do the local law enforcement around the area (specifically Greensboro) take to OC. Any tips, advice, suggestions would help. Thanks!!

solus · Mar 10, 2015

welcome to the NC sub forum knd578. I am sure there are those from your neck of the woods who will be popping out to say hello shortly...

in the mean time let me point you to the NC statutes webpage w/handy search feature in upper right corner: http://www.ncga.state.nc.us/gascripts/statutes/Statutes.asp

for when you are truly bored, here is the NC AG's 'opinion' about firearms: http://www.ncdoj.gov/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/2007-NC-Firearms-gun-Laws.aspx please assure you have the 2014 version!!! of interest is III D which discusses firearm in vehicles.

again welcome. and be sure you explore the NC open carry reports thread...quite informative.

ipse

PLUR · Mar 11, 2015

knd578 said:
Hello,

I'm new to OC. I live in Greensboro and was wanting to get some advice/suggestions about OC and specifically how do the local law enforcement around the area (specifically Greensboro) take to OC. Any tips, advice, suggestions would help. Thanks!!

Check out the reports thread there are a lot of us in that general area.

I was in Greensboro last weekend and OCed in the Auto Zone and Sheetz on battleground. No problems at either establishment. I've been OCing for almost 6 months now all around Rockingham county without issue. All my interactions with law enforcement while OCing have been good, no problems on that front. You get some odd looks for other people now and again but most either don't care or want to have a conversation about guns.

Read up on the laws and be on the look out for no-firearms signs.

moonie · Mar 13, 2015

I've not had any issues in Greensboro. I've been open carrying for years all around the triad.

WalkingWolf · Mar 13, 2015

Welcome to OCDO!

Most of the state is the same, OC is pretty normal here. Hope you enjoy your freedom to exercise your rights without paying a permission fee. Probably try OCing in Wally World to get started and past any worries. WM is pretty much OC friendly across the state, I would highly doubt you encounter a problem there.

knd578 · Mar 13, 2015

Thanks for all the replies. Sounds like its more common around here than i thought.

Il probably head to wally world on my first.

One question, im confused about if its legal to OC in restaurants that serve alcohol, would this be a no no? Thanks again

WalkingWolf · Mar 13, 2015

knd578 said:
Thanks for all the replies. Sounds like its more common around here than i thought.

Il probably head to wally world on my first.

One question, im confused about if its legal to OC in restaurants that serve alcohol, would this be a no no? Thanks again

As long as you have the managers, or owners permission. A loophole in the law allowing carry at "events" with permission. The statute has no definition of event, and in Websters a event can be dinner. I have several restaurants that serve that I OC in. It is not a big deal, I just ask for who is in charge, and ask them for permission to enter. I have never got a second glance from the patrons, but a out of state cop once gave me the stink eye in a San Felipe Mexican restaurant.

knd578 · Mar 13, 2015

WalkingWolf said:
As long as you have the managers, or owners permission. A loophole in the law allowing carry at "events" with permission. The statute has no definition of event, and in Websters a event can be dinner. I have several restaurants that serve that I OC in. It is not a big deal, I just ask for who is in charge, and ask them for permission to enter. I have never got a second glance from the patrons, but a out of state cop once gave me the stink eye in a San Felipe Mexican restaurant.

So restaurants that serve alcohol - with permission, don't serve alcohol and has no sign - ok. Correct?

WalkingWolf · Mar 13, 2015

knd578 said:
So restaurants that serve alcohol - with permission, don't serve alcohol and has no sign - ok. Correct?

Yes! In restaurants that don't serve, and no sign you are good to go. Unless one of the staff tells you to leave. I have never had that happen in a restaurant. It probably would not hurt to print up the exceptions part of the statute to have with you in case some LEO get's his panties in a bunch. I will dig for the section, but maybe Solus will pop in, he is usually pretty quick with that information.

§ 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 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). (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); 2013-369, s. 3.)

Again event is not defined in NC statutes, so common definitions apply.

http://www.merriam-webster.com/dictionary/event

2 c : a social occasion or activity

Which would include eating in public.

Forgot to add the disclaimer: I am not an attorney or lawyer.

knd578 · Mar 13, 2015

WalkingWolf said:
Yes! In restaurants that don't serve, and no sign you are good to go. Unless one of the staff tells you to leave. I have never had that happen in a restaurant. It probably would not hurt to print up the exceptions part of the statute to have with you in case some LEO get's his panties in a bunch. I will dig for the section, but maybe Solus will pop in, he is usually pretty quick with that information.

§ 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 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). (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); 2013-369, s. 3.)

Again event is not defined in NC statutes, so common definitions apply.

http://www.merriam-webster.com/dictionary/event

2 c : a social occasion or activity

Which would include eating in public.

Forgot to add the disclaimer: I am not an attorney or lawyer.

ok, this helps to clear it up. I certainly will keep this statue at reach. Thanks for clearing that up for me.

nobama · Mar 18, 2015

I live in Kernersville and have been OCing for around 6 yrs, no problems around the triad. Check out the events section and you will find we have an OC dinner at Prissy Pollys BBQ in Kernersville every 1st Fri of the month at 6PM. It should start ramping up pretty good when it warms up. Also, if you have a CCP,or CWP, whichever its supposed to be called, you can carry into a place that serves alcohol. It doesnt state HOW you have to carry so I still OC.

WalkingWolf · Mar 18, 2015

wethepeople said:
I live in Kernersville and have been OCing for around 6 yrs, no problems around the triad. Check out the events section and you will find we have an OC dinner at Prissy Pollys BBQ in Kernersville every 1st Fri of the month at 6PM. It should start ramping up pretty good when it warms up. Also, if you have a CCP,or CWP, whichever its supposed to be called, you can carry into a place that serves alcohol. It doesnt state HOW you have to carry so I still OC.

You could always carry into a place that serves alcohol, with or without a CHP. The carrier just needs to have permission from someone of authority of the restaurant.

knd578 · Mar 20, 2015

Thanks for all the info.

I finally did my first OC. Went to gas station and grocery store. I thought my heart was gonna jump out when i went to gas station but then the grocery store it got a little easier. The grocery store did have a deputy standing at the door and since it was my first i just went up to him and said "hey im OC if anyone says anything" he looked at me and said "ok". One of the employees at the store seen me walked in and ask me what i had and said he OC as well and he was talking to me about starting a gun club.

So, i gotta get used to it and hopefully it gets easier each time.

My question, i have read that it is ok to have your gun holster on you while driving. Is that the case?

bc.cruiser · Mar 20, 2015

Yes, you can wear your holster while driving. You can even have your gun in it.:lol: Just make sure it is not covered up in any way, and consider telling any LEO that approaches your vehicle that you are OCing.

Get beyond the need to explain to people you are armed whenever going into a business. There is no benefit to bringing attention to yourself.

solus · Mar 20, 2015

your kind attention is directed to the second link in post two about the NC AG's opinion on firearms, specifically section III D

ipse

knd578 · Mar 21, 2015

solus said:
your kind attention is directed to the second link in post two about the NC AG's opinion on firearms, specifically section III D

ipse

Yea i did check that out but im not seeing anything pertaining to it being on you while driving or am i missing something? Thanks!!

WalkingWolf · Mar 21, 2015

knd578 said:
Yea i did check that out but im not seeing anything pertaining to it being on you while driving or am i missing something? Thanks!!

You are not seeing anything on it for a reason. We have a saying here, what is not illegal is legal. Nothing in the NC statutes outlaws open carry in a vehicle, being in a car is no different than being in a booth at a restaurant.

Here are the definitions used in NC conceal carry statute. Notice that conceal carry is not spelled out, I guess because it does not need to be.

§ 14-415.10. Definitions.

The following definitions apply to this Article:

(1) Carry a concealed handgun. - The term includes possession of a concealed handgun.

(1a) Deployed or deployment. - Any military duty that removes a military permittee from the permittee's county of residence during which time the permittee's permit expires or will expire.

(2) Handgun. - A firearm that has a short stock and is designed to be held and fired by the use of a single hand.

(2a) Military permittee. - A person who holds a permit who is also a member of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States, the North Carolina Army National Guard, or the North Carolina Air National Guard.

(3) Permit. - A concealed handgun permit issued in accordance with the provisions of this Article.

(3a) Proof of deployment. - A copy of the military permittee's deployment orders or other written notification from the permittee's command indicating the start and end date of deployment and that orders the permittee to travel outside the permittee's county of residence.

(4) Qualified former sworn law enforcement officer. - An individual who retired from service as a law enforcement officer with a local, State, campus police, or company police agency in North Carolina, other than for reasons of mental disability, who has been retired as a sworn law enforcement officer two years or less from the date of the permit application, and who satisfies all of the following:

a. Immediately before retirement, the individual was a qualified law enforcement officer with a local, State, or company police agency in North Carolina.

b. The individual has a nonforfeitable right to benefits under the retirement plan of the local, State, or company police agency as a law enforcement officer; or has 20 or more aggregate years of law enforcement service and has retired from a company police agency that does not have a retirement plan; or has 20 or more aggregate years of part-time or auxiliary law enforcement service.

c. The individual is not prohibited by State or federal law from receiving a firearm.

(4a) Qualified retired correctional officer. - An individual who retired from service as a State correctional officer, other than for reasons of mental disability, who has been retired as a correctional officer two years or less from the date of the permit application and who meets all of the following criteria:

a. Immediately before retirement, the individual met firearms training standards of the Division of Adult Correction of the Department of Public Safety and was authorized by the Division of Adult Correction of the Department of Public Safety to carry a handgun in the course of assigned duties.

b. The individual retired in good standing and was never a subject of a disciplinary action by the Division of Adult Correction of the Department of Public Safety that would have prevented the individual from carrying a handgun.

c. The individual has a vested right to benefits under the Teachers' and State Employees' Retirement System of North Carolina established under Article 1 of Chapter 135 of the General Statutes.

d. The individual is not prohibited by State or federal law from receiving a firearm.

(4b) Qualified retired law enforcement officer. - An individual who meets the definition of "qualified retired law enforcement officer" contained in section 926C of Title 18 of the United States Code.

(4c) Qualified retired probation or parole certified officer. - An individual who retired from service as a State probation or parole certified officer, other than for reasons of mental disability, who has been retired as a probation or parole certified officer two years or less from the date of the permit application and who meets all of the following criteria:

a. Immediately before retirement, the individual met firearms training standards of the Division of Adult Correction of the Department of Public Safety and was authorized by the Division of Adult Correction of the Department of Public Safety to carry a handgun in the course of duty.

b. The individual retired in good standing and was never a subject of a disciplinary action by the Division of Adult Correction of the Department of Public Safety that would have prevented the individual from carrying a handgun.

c. The individual has a vested right to benefits under the Teachers' and State Employees' Retirement System of North Carolina established under Article 1 of Chapter 135 of the General Statutes.

d. The individual is not prohibited by State or federal law from receiving a firearm.

(5) Qualified sworn law enforcement officer. - A law enforcement officer employed by a local, State, campus police, or company police agency in North Carolina who satisfies all of the following:

a. The individual is authorized by the agency to carry a handgun in the course of duty.

b. The individual is not the subject of a disciplinary action by the agency that prevents the carrying of a handgun.

c. The individual meets the requirements established by the agency regarding handguns. (1995, c. 398, s. 1; 1997-274, s. 2; 1997-441, ss. 2, 3; 2005-231, ss. 4, 5; 2005-232, s. 1; 2007-427, s. 1; 2009-307, s. 2; 2010-104, s. 1; 2011-145, s. 19.1(h); 2011-183, s. 15; 2013-369, s. 24; 2014-119, s. 7(a).)

WalkingWolf · Mar 21, 2015

Keep in mind IANAL, and neither are most police officers. While there is nothing in statutes, or case law to make carrying a holstered openly carried firearm illegal in a vehicle, a police officer could become confused and make a mistake. But that is pretty much the same if you step outside the door of your home. For the most part you are defenseless from unlawful arrest once you are in the presence of a government agent. Courts most times correct this, sometimes with a monetary windfall, but for most it is not fun, no matter the outcome.

In the end, you have to make the decision for yourself based on the information you receive. You alone will be the one with the responsibility, but that is life in a nutshell.

knd578 · Apr 3, 2015

As i have been looking at some of the no guns allowed signs i noticed some say "its unlawful in nc to carry a concealed hand gun" and "carrying a concealed hand gun is not allowed". So is it ok to OC in these places or does it mean no guns at all? I'm confused if they are just not allowing concealed. Thanks!!

nobama · Apr 3, 2015

Technically, you could OC, but I believe they think everyone CC, so thats the signs they put up. Its up to you if you want to test it. I myself would.

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