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Thread: North Carolina Seafood Festival

  1. #1
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    I'll be heading out to the NC Seafood Festival this weekend. I'm looking forward to listening to the Breakfast Club (80's band) and hopefully NOT having any bad encounters .

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    Dude! You have no IDEA how much I miss the seafood festival! I used to eat myself nearly sick every time I went. (Grew up in Beaufort )

    Make sure you get some eats from the East Carteret H.S. band (Go Mariners!) if they still have one there........used to be the best shrimp burgers in the place. (And I knows me shrimp!)

    I can close my eyes and smell it all now.......nothing like the smell of the Morehead City waterfront with seafood cookin'!

    Have fun, and I hope it all goes w/out incident. Eat one for me, bro!

    Best,

    mike





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    Hehe my g/f went to east carteret, did you? what year did you graduate?

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    Well I went there friday night to see The Breakfast Club play, and open carried the whole time. I received a few curious looks, but nothing that wouldn't be expected. After all, I'd be curiously looking at someone else's piece of they were carrying . No other problems at all, and there were a few cops on EVERY corner of the 6 block long gathering. Granted, it was dark, and I had a dark green shirt behind a black gun in a black leather holster. There was a good possibility that I might have been shrugged off by many of the sheeple as just being "security" or the like if they DID see the sidearm.

    Today (saturday) was a little different. I was wearing a light blue button up shirt, casually, and a pair of jeans. I was very obviously no one important lol. Same gun, same holster, and it was during the day. The crowd was elbow to elbow most of the time, and I was wearing the leather holster that only has holster retention...no thumb strap. I felt comfortable and safe just keeping my arm near the weapon, and being aware of my surroundings. No problems there. I DID get quite a few more looks, and heard a couple of comments (two hispanic kids at a lemonade stand said something about a "pistola" lol). I didn't receive any negative reaction, though, and had plenty of interaction with people.

    I did spook myself twice, though. We had been standing in the same area (near the EMT tent, coincidentally) while the g/f's kid waited in line for a ride, and as we left I noticed a LEO get a good glimpse of my right side and immediate spin his partner around and start in my direction. I was positive they were approaching me, so I continued to walk away with my girlfriend and told her to be kool but expect to be stopped in a moment. After we walked a few feet, nothing happened, and I glanced back to see the 2 LEO's meeting up with a third LEO in the street (directly behind where I had been standing). They started walking down the street behind us, but went a different direction at the intersection. Whether he did indeed notice me and decided to keep an eye on me for a moment, or if he just got a signal from the guy behind ME and I was in between the two, I dunno. Either way, no problem.

    The second spook was when we were waiting in line to get our drinks (lemonade). Three LEO's were patrolling down the block, and again got a solid look at my right side. They all looked at each other and started talking (as they walked) and one of them pulled out their cellphone. I continued with my business and never heard a word about it. Again, could just be me being paranoid, or the guy could have been calling to ask about me...apparently if that was the case, he got the right answer.

    All in all I was VERY impressed with the lack of reaction I received, and I feel much more comfortable now with the Morehead City area. The only thing I regret not seeing is someone else carrying THAT would have been a nice surprise. It was also nice to be in a crowded busy area with my g/f and her boy, and knowing that I would be able to protect them.

    I really gotta get some more open carriers out in this area, though. I definitely feel like a lone wolf. I've already been labelled at some locations as "that guy who carries all the time" lol.



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    DreQo wrote:
    I've already been labelled at some locations as "that guy who carries all the time" lol.

    Next time tell them, "Not a wolf at all. Just a sheepdog."

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    lol Well it wasn't put into a bad context...people just have the "don't worry about him, he always carries" attitude. To some extent that's a good thing, but on the other hand I don't want them to think that it's just me lol.

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    Glad to hear you enjoyed the event w/out interruption! Always a fun time at the seafood fest.

    I graduated ECHS in 1986........just missed the 20th reunion this summer. Can't believe it's been that long............sheesh, I'm getting old!

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    haha awesome. She graduated in '96.

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    Can she shuck an oyster?

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    Like the best of them, all though I don't think she likes oysters very much. She grew up out on Harker's Island, her dad working on boats for a living. :-)

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    Too cool!

    Where I grew up in Beaufort, you could look across North River and see the Harkers Island bridge. Used to have a jon-boat when I was 14-15 yrs oldI used to use torun to the Island to court the sweeties there! Good folks down there. I miss it. It's really funny.....as long as I've been away from the area, every time I get back down there and start talking with the locals, my "down east brogue" just comes right on out, like I never left.

    How long did it take you to understand what everybody was saying?

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    Haha well when I met the g/f, she spoke rather well. I'm from Minnesota, so I grew upwith arelatively non-regional diction. I did have a little bit of the northern "O's", but I've almost completely gotten rid of 'em. Anyway, the g/f didn't sound to me like she had much of an accent at all, so it was nice. It's funny, though, because I can be having a conversation with her, then her phone will ring, and she'll talk to her aunt (who's still out by Harkers Island), and all of a sudden she sounds like a different person. I give her SO MUCH crap. She doesn't say "bye", she says "baah.." lol. Her dad never moved away from the island, so he IS kinda hard to understand...

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    Well, give 'em all a big howdy from an 'ol Beaufort "grit"!:celebrate

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    I have a question related to this. I was under the impression that there was a prohibition against carrying weapons at "events occuring in public". The NC code (14.277.2) only mentions "parade, funeral procession, picket line, or demonstration upon any private health care facility or upon any public place owned or under the control of the State or any of its political subdivisions" but the Morehead City code mentions in 15.76 any "public assembiles" which they define as

    "public assembly means any meeting, demonstration, picket line, rally or gathering of more than twenty-five (25) persons for a common purpose as a result of prior planning that interferes with or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic or occupies any public area in a place open to the general public. "

    Then mentions in 15.89 that firearms are prohibited at public assembiles

    So, I guess I'm suprised someone didn't either hassle you or find some way to arrest you.

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    Quack wrote:
    I have a question related to this. I was under the impression that there was a prohibition against carrying weapons at "events occuring in public". The NC code (14.277.2) only mentions "parade, funeral procession, picket line, or demonstration upon any private health care facility or upon any public place owned or under the control of the State or any of its political subdivisions" but the Morehead City code mentions in 15.76 any "public assembiles" which they define as

    "public assembly means any meeting, demonstration, picket line, rally or gathering of more than twenty-five (25) persons for a common purpose as a result of prior planning that interferes with or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic or occupies any public area in a place open to the general public. "

    Then mentions in 15.89 that firearms are prohibited at public assembiles

    So, I guess I'm suprised someone didn't either hassle you or find some way to arrest you.
    Hmm good points. I and many others that I've spoken with have determined that the way NC law is written, the "events occuring in public" is limited only to the ones they list, like you quoted. With that being said, Morehead's restriction are more than that of State law, which make them null and void due to preemption. At least this is how I, not being a lawyer, have read it.

    I didn't even think to look up Morehead's statute since the festival didn't fall under any of the State restrictions. Apparently I was pushing a little farther than I thought. Anyone want to comment on my interpretation of the city code and state law?

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    I personally feel that 14-277.2 covers only what is specifically states, and it's designed to deal with situations that might be politically or socially volitile...parades, protests, etc...I don't think it's meant to cover things like the seafood festival. For completeness, here is 14-277.2:
    14-277.2. Weapons at parades, etc., prohibited.

    (a) It shall be unlawful for any person participating in, affiliated with,
    or present as a spectator at any parade, funeral procession, picket
    line, or demonstration upon any private health care facility or
    upon
    any public place owned or under the control of the State or
    any of
    its political subdivisions to willfully or intentionally possess or
    have immediate access to any dangerous weapon. Violation of this
    subsection shall be a Class 1 misdemeanor. It shall be presumed that
    any rifle or gun carried on a rack in a pickup truck at a holiday
    parade or in a funeral procession does not violate the terms of this
    act.
    (b) For the purposes of this section the term "dangerous
    weapon" shall include those weapons specified in G.S. 14-269,
    14-269.2, 14-284.1, or 14-288.8 or any other object capable of
    inflicting serious bodily injury or death when used as a weapon.
    (c) The provisions of this section shall not apply to a
    person exempted by the provisions of G.S. 14-269(b) or to persons
    authorized by State or federal law to carry dangerous weapons in the
    performance of their duties or to any person who obtains a permit to
    carry a dangerous weapon at a parade, funeral procession, picket
    line, or demonstration from the sheriff or police chief, whichever
    is appropriate, of the locality where such parade, funeral
    procession, picket line, or demonstration is to take place. (1981,
    c. 684, s. 1; 1983, c. 633; 1993, c. 412, s. 2; c. 539, s. 174;
    1994, Ex. Sess., c. 24, s. 14(c); 1997-238, s. 4.)


    Now, here is where it gets a bit sticky, The state pre-emption law (which is actually in two places, 14-415.23 and 14-409.40), which basically makes things uniform across the state, but it does have a few exceptions to allow local places to make stcricter laws...here's 14-409.40
    14-409.40. Statewide uniformity of local regulation.
    (a) It is declared by the General Assembly that the
    regulation of firearms is properly an issue of general, statewide
    concern, and that the entire field of regulation of firearms is
    preempted from regulation by local governments except as provided by
    this section.
    (a1) The General Assembly further declares that the lawful
    design, marketing, manufacture, distribution, sale, or transfer of
    firearms or ammunition to the public is not an unreasonably
    dangerous activity and does not constitute a nuisance per se and
    furthermore, that it is the unlawful use of firearms and ammunition,
    rather than their lawful design, marketing, manufacture,
    distribution, sale, or transfer that is the proximate cause of
    injuries arising from their unlawful use. This subsection applies
    only to causes of action brought under subsection (g) of this section.
    (b) Unless otherwise permitted by statute, no county or
    municipality, by ordinance, resolution, or other enactment, shall
    regulate in any manner the possession, ownership, storage, transfer,
    sale, purchase, licensing, or registration of firearms, firearms
    ammunition, components of firearms, dealers in firearms, or dealers
    in handgun components or parts.
    (c) Notwithstanding subsection (b) of this section, a county
    or municipality, by zoning or other ordinance, may regulate or
    prohibit the sale of firearms at a location only if there is a
    lawful, general, similar regulation or prohibition of commercial
    activities at that location. Nothing in this subsection shall
    restrict the right of a county or municipality to adopt a general
    zoning plan that prohibits any commercial activity within a fixed
    distance of a school or other educational institution except with a
    special use permit issued for a commercial activity found not to
    pose a danger to the health, safety, or general welfare of persons
    attending the school or educational institution within the fixed
    distance.
    (d) No county or municipality, by zoning or other ordinance,
    shall regulate in any manner firearms shows with regulations more
    stringent than those applying to shows of other types of items.
    (e) A county or municipality may regulate the transport,
    carrying, or possession of firearms by employees of the local unit
    of government in the course of their employment with that local unit
    of government.
    (f) Nothing contained in this section prohibits
    municipalities or counties from application of their authority
    under G.S. 153A-129, 160A-189, 14-269, 14-269.2, 14-269.3,
    14-269.4, 14-277.2, 14-415.11, 14-415.23, including
    prohibiting the possession of firearms in public-owned buildings,
    on the grounds or parking areas of those buildings, or in public
    parks or recreation areas
    ,
    except nothing in this subsection shall prohibit a person from
    storing a firearm within a motor vehicle while the vehicle is on
    these grounds or areas. Nothing contained in this section prohibits
    municipalities or counties from exercising powers provided by law in
    declared states of emergency under Article 36A of this Chapter.
    (g) The authority to bring suit and the right to recover
    against any firearms or ammunition marketer, manufacturer,
    distributor, dealer, seller, or trade association by or on behalf of
    any governmental unit, created by or pursuant to an act of the
    General Assembly or the Constitution, or any department, agency, or
    authority thereof, for damages, abatement, injunctive relief, or any
    other remedy resulting from or relating to the lawful design,
    marketing, manufacture, distribution, sale, or transfer of firearms
    or ammunition to the public is reserved exclusively to the State.
    Any action brought by the State pursuant to this section shall be
    brought by the Attorney General on behalf of the State. This section
    shall not prohibit a political subdivision or local governmental
    unit from bringing an action against a firearms or ammunition
    marketer, manufacturer, distributor, dealer, seller, or trade
    association for breach of contract or warranty for defect of
    materials or workmanship as to firearms or ammunition purchased by
    the political subdivision or local governmental unit. (1995 (Reg.
    Sess., 1996), c. 727, s. 1; 2002-77, s. 1.)


    And 14-415.23
    14-415.23. Statewide uniformity.
    It is the intent of the General Assembly to prescribe a uniform
    system for the regulation of legally carrying a concealed handgun.
    To insure uniformity, no political subdivisions, boards, or agencies
    of the State nor any county, city, municipality, municipal
    corporation, town, township, village, nor any department or agency
    thereof, may enact ordinances, rules, or regulations concerning
    legally carrying a concealed handgun. A unit of local government may
    adopt an ordinance to permit the posting of a prohibition against
    carrying a concealed handgun, in accordance with G.S. 14-415.11(c),
    on local government buildings, their appurtenant premises, and
    parks. (1995, c. 398, s. 1.)



    Now, you can see in 14-490.40 that it allows local areas to exercise their "rights" under 14.277.2 which is the parades section. Now, I'm not a lawyer, so I don't know if that allows them to add/interpret 14.277.2 the way they want or not....all I know is that I'm a bit concerned about being a test case.

    I know that Fayetteville has very similar language in their ordinances to cover "public gatherings"


    David

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    I'm pretty sure that they cannot ADD anything, and they caninterpret that any way they'd like. It only liststhose specific events. That definitely is a shady area, but I'm still convinced that State law says nothing about public gatherings, therefore City law can't, either.

    I not only went to the Seafood Festival, but just this past weekend I went to New Bern's Mum Fest, and again had NO problems what so ever. Now New Bern doesn't have anything like Morehead does in their ordinances, but as far as public gatherings go, the two are almost identical. You would think that the preemption is there so that you're not getting in trouble for something in Morehead that was legal in New bern, right?

    Another thing to point out is that a while ago when I had called Morehead City PD to ask about one of their public water access areas, and whether or not I could carry my firearm, I was immediately met with confusion by the one who answered the phone. After being directed to the supervisor, however, he very simply told me that I should be able to go anywhere in the city as long as I don't see a sign that says I can't! Now we here know that isn't exactly the case, but the point is he was very open to the idea of me legally carrying. This tells me they either know the law well, or don't know it at all lol.

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    DreQo wrote:
    I'm pretty sure that they cannot ADD anything, and they caninterpret that any way they'd like. It only liststhose specific events. That definitely is a shady area, but I'm still convinced that State law says nothing about public gatherings, therefore City law can't, either.
    It might be worth calling the State Attorney General's office. While they won't give you specific legal advice, they will give you their interpretation of the law. I got good information from them when I called about Fayetteville asking for additional items in the CCW application process.

    DreQo wrote:
    I not only went to the Seafood Festival, but just this past weekend I went to New Bern's Mum Fest, and again had NO problems what so ever. Now New Bern doesn't have anything like Morehead does in their ordinances, but as far as public gatherings go, the two are almost identical. You would think that the preemption is there so that you're not getting in trouble for something in Morehead that was legal in New bern, right?
    Actually, New Bern has very similar language in their ordinances. They just have it tucked in under the streets and sidewalks obstructions. Section 66-81 for it's definitions of parades and demonstrations etc, and 66-85 for prohibited items.

    Now, that might actually be useful for our investigation, because 66-85 says that dogs aren't allowed at any of the items listed in 66-81, so if you saw people walking around with dogs at the Mum Festival, they may well be viewing them as different types of activities, but in the end, I do think a call to the Attorney General is prudent.

    David

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    There were dogs ALL OVER the Mum festival. After looking over the New Bern ordinances again, I see what you are referring to. I interpreted that as being the same as State law. It would be a stretch, at best, to fit the Mum Fesitval into those definitions. I don't think a reasonable person would consider the festival a "group demonstration", either.

    At any rate I was within direct view of many LEOs during my time there, and received NO attention at all. The bus stop for the parking lot shuttle was located on the corner in front of the City Hall, and across the street from the "Public Safety" demonstrations. Those two blocks were crawling with LEOs and the like, and I stood there for 10 minutes waiting for the shuttle.

    I guess I'm a little afraid to call for clarification, as I would only want things clarified in my favor, lol.

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