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Vacationing in NC from VA

bellbw

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Jan 20, 2007
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I am going to be going on vacation to the outer banks for a few days and was wondering what you guys think about me carrying concealed. I know there is reciprocity between NC and VA (I have a concealed carry permit) but I did not know how strict the police officers are on this. Are there any tips I need to know or should I just leave my firearm at home? I'd rather not run into any complications being that this is a vacation, so any insight or suggestions would be greatly appreciated from your neighbor in VA. Thanks!
 

dubccat51

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, North Carolina, USA
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If it's legal, carry. As long as you don't go in to any parks, establishments that serve alcohol, places that charge admission,etc. that are prohibited, carry by all means.

You will not be travelling through any National Parks except if you go to the Wright Brothers Memorial or go south of Whalebone Junction. Jockeys Ridge at Nags Head isthe onlystate park in the area. Here is the map that I posted on another thread:

http://home.nps.gov/applications/parks/caha/ppMaps/CAHAmap1.pdf

Happy travels and Welcome to North Carolina.

Dubccat51
 

lax

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Sierra Vista, AZ
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I'll be checking out the Dare County Range next week. It is south of Kitty Hawk and back on on the mainland (a 30 minute drive from Kitty Hawk). I spoke with someone from the gun club that operates and maintains the range. It sounds like anice outdoor range. Rifle, pistol, and clay pigeons. $5 a day range fee.

http://www.claytargetsonline.com/club.php/2426
 

vrwmiller

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bohdi wrote:
Is open carry permitted in places that sell alcohol or are resturants/bars in the outer banks off limits period?
In my research, best I can determine is that carrying in a restaraunt/bar is unlawful, period. I have found no metion that carrying into an establishment that sells alcohol for off-site consumption as a forbidden carry arena.

I posted the NC Firearms Laws as I received them from the NC State Police, they are posted in this thread.
 

Tess

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I just returned from a glorious week in NC, near Banner Elk.

After reading the 14-page "North Carolina Firearms Laws", I learned you can't carry:

- in a financial institution

- at a public gathering (parades are specifically mentioned)

- any place that charges admission

- state property (except rest areas)

- any educational institution

- AT ALL if you're consuming alcohol or have ANY alcohol in your system



And to top it off, localities can pass "Carry to the terror of the people" statutes that they don't have to post conspicuously - this takes care of open carry in some places. I did verify that Banner Elk didn't have this statute (searched the town statutes for "gun" and "firearm" and "weapon"), but as a tourist, I don't always know when I cross town lines, which towns have passed silly ordinances, and where state property or educational institutions' lines may be.

I operated on the "concealed is concealed" where I must, didn't carry on school grounds or at the parade, and figured I wouldn't get hassled as long as I remained lawful. But I didn't feel I had legal standing, despite what the law says.
 

jeepinbanditrider

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Nope, to be charged with "going to the terror of the people" you have to meet ALL of a very specific set of critera. This is also a state law not a local thing. Also ALL firearms laws in NC are pre-empted.

Complete state preemption of firearms laws except localities may regulate the possession of firearms:
  • [*]In public-owned buildings [*]On the grounds or parking areas of those buildings [*]In public parks or recreation areas
Additionally, under NC Code Chapter 14 § 160A.189, a city may by ordinance ... regulate the display of firearms on the streets, sidewalks, alleys, or other public property.

While the word "display" does not appear to be defined in the Code, some localities in NC have adopted, or are considering adopting ordinances like the city of Chapel Hill's which restrict the open carry of handguns.

This was challenged in State v. Fennell (1989) and the NC Court of Appeals upheld previous NC court decisions stating that the guarantee of an individual right to openly bear arms in the NC constitution was subject to reasonable regulation declaring that "a pistol shall not be under a certain length."


The only things localities are allowed to do is place a limit on the length of the handgun. Such as Chapel Hill I think that has a 6"overal all limit on Openly carried guns. I.E your pistol MUST be 6" or longer overall.

This is a pretty old law. It was instiuted from what I understand back during the civil rights movement era so officers would have a reason to arrest "good ol' boys" riding around in the back of a pickup looking for trouble if you know what I mean. And if I remember right no one's been charged since the 1950s or some such time. In other words its been a while.

I'll try to find the specific wording of the law.
 

Tess

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I appreciate the clarification. I downloaded the NC Firearms Laws document (about 14 pages, prepared by the attorney general) from the NC page, and read it. I was just as confused when I finished as when I started.

Since I vacation in NC several times a year, I'm very interested in the specifics, and I appreciate your help.
 

jeepinbanditrider

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Alright here is the wording on "going to the terror of the people".



[highlight= #ffff88]Going[/highlight] [highlight= #88ffff]armed[/highlight] to the [highlight= #88ff88]terror[/highlight] of the public has specific qualifications that has to be met.

From the NC statute:
[highlight= #ffff88]Going[/highlight] [highlight= #88ffff]Armed[/highlight] to the [highlight= #88ff88]Terror[/highlight] 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 [highlight= #88ff88]terror[/highlight] to others.

In order to be charged, all four conditions need to be met. If you are [highlight= #ffff88]going[/highlight] about your business acting in a reasonable manner, and your weapons holstered properly, there is no danger in getting charged for this crime.
 

Tess

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jeepinbanditrider wrote:
Alright here is the wording on "going to the terror of the people".

<snip>

In order to be charged, all four conditions need to be met. If you are [highlight= #ffff88]going about your business acting in a reasonable manner, and your weapons holstered properly, there is no danger in getting charged for this crime.
Next question - what is the state like. I think you've set my mind at ease that I wouldn't be convicted. Are there places where the local LEOs are likely to charge me either to prove a point or to make some anti 911-caller happy?

I appreciate your responses.
 

makesnow

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While we often hear of the armed to the terror of the public common law does any one know of it being used or arrests made with that cited. I have never been stoped or even questioned while open carrying.
 

luxin

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Lynchburg, Va, ,
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I'm also heading to the OBX from VA, and will be traveling to Ocracoke. My question is, are the ferry's ok for one to OC/CC?
I see where they are operated by NCDOT, so I assume they are ok being a state transportation system. The part that worries me is theNCDOT site says a little on the security and howthey operateunder the Maritime Transportation Security ACT. Anyone have any advice?


Thanks for the help.
 

luxin

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Thanks hlh, I'll be heading down on Sunday. I'm really looking forward to a week away. Hope you enjoy your vacation!
 

luxin

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Sorry to hear it's been that warm down there, I just hope it doesn't get any hotter while I'm there. This will be my second trip to Ocracoke. It's a really nice place and you should definitely head down there next year. Safe travels.
 

jimwyant

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Jul 8, 2006
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Mebane, North Carolina, USA
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Tess wrote:
I just returned from a glorious week in NC, near Banner Elk.

After reading the 14-page "North Carolina Firearms Laws", I learned you can't carry:

- in a financial institution

- at a public gathering (parades are specifically mentioned)

- any place that charges admission

- state property (except rest areas)

- any educational institution

- AT ALL if you're consuming alcohol or have ANY alcohol in your system



And to top it off, localities can pass "Carry to the terror of the people" statutes that they don't have to post conspicuously - this takes care of open carry in some places. I did verify that Banner Elk didn't have this statute (searched the town statutes for "gun" and "firearm" and "weapon"), but as a tourist, I don't always know when I cross town lines, which towns have passed silly ordinances, and where state property or educational institutions' lines may be.

I operated on the "concealed is concealed" where I must, didn't carry on school grounds or at the parade, and figured I wouldn't get hassled as long as I remained lawful. But I didn't feel I had legal standing, despite what the law says.
I know this is reviving an old thread, but I am trying to catch up on posts from states that directly affect me. Since many people use OCDO as a source of information, sometimes without independently verifying the information contained herein, I felt the need to correct some of this post.

Most of the prohibitions listed above are correct, but there is at least one exception. The code that addresses firearms in a financial institution prohibits CC, but does not prohibit all carry outright. On the other hand, all carry where alcohol is served and on educational property is prohibited, and the code does specify OC as well as CC. I haven't verified any of the other places listed above, so I can't confirm of dispute any others.
 

casullshooter

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Oct 7, 2006
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Bristow, Virginia, USA
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When vacationing at the OBX (north area) there is an exellent shooting facility near the town of Manteo . I go every year while I am there . It is the Outer Banks Gun Club , $5 for a visitor to shoot all day . Rifle to 100 yds. , pistol to 50 yds. and a nice trap/skeet setup. Well maintained and nicely setup . Eye and ear protection included if needed . Targets available at a fair rate if you forget your own .
 
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