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Thread: What is legal in NC

  1. #1
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    I have open carried on rural land but have never in a commercial estblishment. I have heard rumors of an old law relating to disturbing the peace going armed to the terror of the people. Now that it is summer i would like to open carry more, but do not really want to face an arrest.

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    makesnow wrote:
    I have open carried on rural land but have never in a commercial estblishment. I have heard rumors of an old law relating to disturbing the peace going armed to the terror of the people. Now that it is summer i would like to open carry more, but do not really want to face an arrest.
    I guess if they drop dead when they see your pea shooter that would qualify.

    Disturbing the peace, disorderly conduct, obstructing, resisting, etc. are all charges that are so vague they are often meaningless. They are mostly used as an excuse to arrest people who "need" to be arrested but nodefined offense has been committed.

    I think if you cannot come up with a definition of what a crime actually is, then you should just drop that crime off the books. That is the kind of thing we should be bugging our legislators about.

    My guess is if a LEO wants to arrest you and OC is legal where you open carried, one of the poorly defined charges is what would be used against you. That is why it is important to get LE and the general public used to seeing OC by normal citizens where it is legal, so there is less tendency to overreact.

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    while i understand all the arguments that you present, i do not have the time or the money to be a test case. i would like to hear from others in the state about how and where they open carry. I would also like to hear from any one who has heard of people being arrest while minding there own bussiness while OC.

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    makesnow wrote:
    while i understand all the arguments that you present, i do not have the time or the money to be a test case.
    Can't sayI blame you one bit.



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    There is no "law" against "going armed to the terror of the people" on the books. It iscommon law (judge made). Therefore it cannot be removed from the books.

    I asked my concealed carry instructor, Steve Johnson, about this (who happens to be an instructor for the state police). He says thelast time this was ever enforced was about 10 years ago in Greensborough when some KKK members were driving around in a truck armed with shotguns. He says that open carry of a pistol in a holster does not qualify for prosecution.

    Forget about "going armed to the terror of the people". Your real risks are city ordinances, which are probably not enforceable under the state pre-emption law, and the large number of places that are off limits under state law (schools, universities, public events, restaurants which serve alcohol, etc.).

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    44Brent wrote:
    There is no "law" against "going armed to the terror of the people" on the books. It iscommon law (judge made). Therefore it cannot be removed from the books.
    It can certainly be undone by statute though.

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    Unfortunately, no one can guarantee you that some eager local LEO will not over react and arrest you for lawful open carry. That is a risk that you incur in any state where it is not commonplace.

    However, you can mitigate the risk substantially by your dress and mannerisms. If you look professional and carry yourself confidently and in a friendly manner, I have found that those who see you assume you are someone who is allowed to carry and do not get concerned. It is their concern that has the possibility to bring the police down upon you. If you keep the sheeple unconcerned, then by and large, law enforcement will be unconcerned.

    I think I responded to another post of yours about open carry in NC, but I have open carried there a number of times in the past and have so far had no issues (FWIW).


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    I agree with you. Although I have never seen anyone open carrying in NC. I am going to follow your advice about dress and mannerism, and start and see how i am reacted to. I hope others follow.

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    In an different post, I stated that I open carry every weekend in Raleigh and Durham. This still holds true. Not only at home, but at gas stations, restaurants that do not sell alcohol, Wal-mart and other department stores. Basically I carry everywhere it is lega to do so.

    Going armed to the terror of the public has specific qualifications that has to be met.

    From the NC statute:
    Going Armed to the Terror of the Public

    This is a common law offense (272 N.C. 535; 32 N.C. App 495).

    A person guilty of this offense

    (1) arms himself or herself with unusual and dangerous weapons (firearm)

    (2) for the purpose of terrifying others

    (3) and goes about on public highways

    (4) in a manner to cause terror to others.

    In order to be charged, all four conditions need to be met. If you are going about your business acting in a reasonable manner, and your weapons holstered properly, there is no danger in getting charged for this crime.

    I walk around every weekend and often pass in front of police officers. As long as you are carrying in places that are legal to do so, open carry is totally legal in Raleigh and Durham.

    This information was supplied to me by a Wake County Sheriff and I have personally confirmed this information with the Sheriff of Durham County.


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    Remember - at least one locality has a minimum size to open carry - Chapel Hill - 6 inches - check their local ordiance to see how they measure handgun sizes.

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    Raleigh and Durham, being unrestricted open carry localities, do not have a size specification. I have carried my .380 bersa and my .45 Ruger. No trouble either way as long as I am carrying in legal areas.

    I never looked into Chapel Hill, thanks for the information on the carry size. I always thought it open carry was off limits there. I have pnly looked in places that I am interested in carrying in.

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    NC Supreme Court has said, NC Const. precludes anygovt. ban or lic. req. on open carry of military size handguns.

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    Ok, so if I understand what you are saying, then open carry in Cary is legal as long as it is at least 6"? I really hope that I am understanding you correctly.

    If I am, do you know where I can get a copy of that decision?

    Thanks for the information, I am really enjoying this site.

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    Not exactly - I am saying to search Chapel Hill's muni-code and find the 6 inch rule so you know how to measure. As far as I know, Chapel Hill is the only locality in NC to have a minimum size to open carry rule.

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    Oh ok, thanks

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    The link to the Chapel Hill ordinances on the NC page of OCDO is broken, but I found this link that takes you to the code. You will have to manually go to the appropriate section (11-130 through 11-134).

    http://www.municode.com/resources/ga...952&sid=33

    Here is the section that defines how to determine the length:

    (c)For purposes of this article, the length of a handgun shall be determined as follows:
    (1)As the length of a line drawn from the tip of the barrel of the handgun along the length of the barrel to the point where that line intersects with a perpendicular line drawn up from the point on the back of the handgrip farthest from the tip of the barrel; or,
    (2)If the length of the handgun measured along the barrel extends back beyond the point where the lines described in (c)(1) above intersect, the length shall be determined by the length of the gun measured straight back from the tip of the barrel for the full length of the gun; or
    (3)If the handgun does not have a handgrip, the length shall be determined by measuring the overall length of the weapon by a straight line connecting the tip of the barrel to the point farthest away from the tip of the barrel.

    Hope this helps.


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    Thanks everyone for the information on carry in Chapel Hill. I am close to there and often times I am on the outskirts of the city. I may print out the ordinance and carry it with me.

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    I know that in 1919 the NC Supreme Court struck down a permit for open carry because they foundit would totally prohibitthe carry of a pistol (combined with the ban on concealedcarry)



    How about a rifle or shotgun slung over your back?

    Is that legal or subject to common law?


    Say you are walking from your house to the range or favorite hunting spot.

    Would you be arrested for carrying your rifle slung openly over your shoulder?



    Thanks


    I live in the NC mountains





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    I am not sure if open carry makes any provisions on whether or not a long gun is specified. In the mountains, I do not think it would be too much an issue, but in Raleigh, I probably would not.

    I would check with your local Sheriffs department.

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    Thanks

    I carry while hunting so that is why I asked.

    Don't want to get arrested walking down the road with a muzzleloader or shotgun.









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    I usually use a holster which has a strap across the gun when I open carry. It may not be necessary, but it might help make it clear that you are not armed to the terror of the people when the dang thing is snapped in place. I'm partial to the Tom Threepersons style and the Jordan Border Patrol type, but a thumb-break holster would serve the same purpose.

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