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Thread: Cops called on me

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    State Researcher .40 Cal's Avatar
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    Yesterday I went into the Lowes food store in Mint Hill. I was carrying my 1911 in a DeSantis SOB holster (most comfortable holster made) in condition 1 (always). As I walked into the store, I pulled my shirt tail over the gun because I was not in the mood to explain myself today. Half way through my shopping adventure I see a young cop walking toward me, and then right past me with a quizzical look. I looked back and saw him trying to decide if I was carrying something under my shirt. at that point he asked me, rather respectfully, "sir, are you carrying a concealed weapon?" I said I was. He then asked if I was LEO, and I responded in the negative. His next question I found amusing. He asked, "do you have a CCW?" I giggled and said i don't make a habit of breaking the law. He then said, "that's all I needed to know." At this point his partner was walking toward us, so just so this guy wouldn't get in trouble (some of you are going to crucify me for this), I produced my CCW just so this truly would be the end of our conversation.

    The partner had a very different position, and this is why I'm posting this story. He claimed that because the supermarket sold alcohol, I could easily be arrested. I reminded him that the law read "where alcohol is sold and consumed". He said I was wrong. I then wanted to egg him on (I'm not the brightest). I said, "any other day you would have spotted me a lot quicker, I usually OC." His entire demeanor changed. He said, "that's a good way to get yourself arrested. All it takes is one person to call in and you'll be arrested for going armed to the terror of the public." I told him that NC supports the 2nd A and there have been several cases that serve as precedent to the fact that OC doesn't constitute going armed to the terror of the public. He then said, "I arrested a guy for that the other day." I asked him, "did it stick?" His eyes got red and he asked me, "Do you thinkI don't know the law? What do I do for a living?" I decided this was starting to swing badly, so I said, "Things would be so much easier if these democrats would just stopmoving down here." To this, he responded, "amen brother." I thanked the for their "warning" and left.

    Questions: Is carrying a firearm in a supermarket that sells beer and wine for home consumption against the law? If so, why am I not in jail this morning? Is OC enough forme to go to jail in the city of Charlotte? (I know the answer to this one, but I want your views)

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    Make sure you follow up with the department in some manner, naming the officers by name, and asking that their confusion be cleared up as to (1) gun carry in supermarkets and (2) that OCing is = a common law "armed in terror" offense in NC - it is not, in fact, OC is constitutionally protected by NC SC cases.

    One note: You transitioned from OC to CC in a supermarket - I think this is a bad idea b/c people will see you doing somthing that looks suspicious, and now you must produce your CHP when stopped by LEOs. better to just CC or OC, not both, in my opinion.

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    .40 Cal wrote:
    ...He asked, "do you have a CCW?" I giggled and said, I needed to know." At this point his partner was walking toward us, so just so this guy wouldn't get in trouble ...

    ...I reminded him that the law read "where alcohol is sold and consumed". He said I was wrong. I then wanted to egg him on (I'm not the brightest). I said, "any other day you would have spotted me a lot quicker, I usually OC." His entire demeanor changed. He said, "that's a good way to get yourself arrested. All it takes is one person to call in and you'll be arrested for going armed to the terror of the public."
    Great job. You really showed him.

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    "Do you thinkI don't know the law? What do I do for a living?"

    Interesting how easily this statement can morph into: "Sorry, your honor, there are so many laws on the books that that we LEO's cannot possibly know all of them."

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    State Researcher .40 Cal's Avatar
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    HankT wrote:
    .40 Cal wrote:
    ...He asked, "do you have a CCW?" I giggled and said, I needed to know." At this point his partner was walking toward us, so just so this guy wouldn't get in trouble ...

    ...I reminded him that the law read "where alcohol is sold and consumed". He said I was wrong. I then wanted to egg him on (I'm not the brightest). I said, "any other day you would have spotted me a lot quicker, I usually OC." His entire demeanor changed. He said, "that's a good way to get yourself arrested. All it takes is one person to call in and you'll be arrested for going armed to the terror of the public."
    Great job. You really showed him.
    Actually, Hank, the I giggled was a typo. It should read, "I giggled and said that I ddin't make a habit of breaking the law. He then said, "that's all ineeded to know." the reason I brought up OC was to see his position. I don't get a chance to pick the mind of a cop called on me. Besides, I was in the mood for a humbling experience.

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    .40 Cal wrote:
    HankT wrote:
    .40 Cal wrote:
    ...He asked, "do you have a CCW?" I giggled and said, I needed to know." At this point his partner was walking toward us, so just so this guy wouldn't get in trouble ...

    ...I reminded him that the law read "where alcohol is sold and consumed". He said I was wrong. I then wanted to egg him on (I'm not the brightest). I said, "any other day you would have spotted me a lot quicker, I usually OC." His entire demeanor changed. He said, "that's a good way to get yourself arrested. All it takes is one person to call in and you'll be arrested for going armed to the terror of the public."
    Great job. You really showed him.
    Actually, Hank, the I giggled was a typo. It should read, "I giggled and said that I ddin't make a habit of breaking the law. He then said, "that's all ineeded to know." the reason I brought up OC was to see his position. I don't get a chance to pick the mind of a cop called on me. Besides, I was in the mood for a humbling experience.
    Aww, that's OK. Typos happen. The main thing is the test of wills and intellect, man.

    He was putty in your hands, dude!



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    .40 Cal wrote:
    Questions: Is carrying a firearm in a supermarket that sells beer and wine for home consumption against the law? If so, why am I not in jail this morning? Is OC enough forme to go to jail in the city of Charlotte? (I know the answer to this one, but I want your views)
    Obviously LEO #2 didn't like your not-so-subservient attitude. Trust me, if he thought he had anything on you then you would have gone to jail.

    I would contact the PD to commend LEO #1 and to complain about LEO #2. We must work to change the culture of our LEOs and PDs so that they no longer find it acceptable to threaten law-abiding citizens.
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    HankT making friends again...
    -Unrequited

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    unrequited wrote:
    HankT making friends again...
    Ain't he sweet?



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    It's only illegal to carry if the place sales AND allows consumption ON THE PREMISIES (sp?). As for the "Terror of the people" charge. It's BS you have to be meeting MULTIPLE critera to be charged with this. Any competent lawyer could get this case thrown out in a heartbeat.



    The 1st cop seemed like a good guy from your post. The 2nd sounded like one of those "You're wrong I'm right becuase I'm a cop and I know more than you do" kind of cops.

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    That was exactly the case.

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    jeepinbanditrider wrote:
    It's only illegal to carry if the place sales AND allows consumption ON THE PREMISIES (sp?). As for the "Terror of the people" charge. It's BS you have to be meeting MULTIPLE critera to be charged with this. Any competent lawyer could get this case thrown out in a heartbeat.



    The 1st cop seemed like a good guy from your post. The 2nd sounded like one of those "You're wrong I'm right becuase I'm a cop and I know more than you do" kind of cops.
    Ditto..

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    The fallacy that you're not allowed to carry in stores that simply sell alcohol, like grocery stores, seems to be a relatively common one. The manager of the Sams Club out here in Jacksonville said that the Sheriff told her that I'd lose my permit to carry for having a gun there because they sell alcohol. This MIGHT have been the manager misinterpreting things, but I doubt it.

    Like everyone else has said, the law says "sold and consumed", and it's as simple as that. Last time I checked, you can't pop open a brewskie in the middle of Food Lion...

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    Yeah the Sheriff here is about clueless as to firearms laws in this state..............Well he probabaly knows then but choses to do what he wants to do which is obviously wrong This is the same guy that left his freakin' carry piece in the Wally World Bathroom room by accident, and seems to have extra requirements to get a pistol permit compared to the rest of the state, AND dosen't want "Marines and Sailors" running around HIS county with weapons.

    He's a tool.:X

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    Has anyone actually been arrested for carrying in a supermarket or place tat sells alcohol? Cop #2 was not only admant about the illegality of such an event, but also reminded me about how he arrested a person for OCing because of the terror to the public issue. I thought it was BS, but I am not going to call him on it with my family five feet away.

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    Never heard of anyone getting arrested for OCing responsibly at least in NC. It has happened in VA though.

    I think that officer was just trying to intimidate you by saying he had arrested someone for doing what you did. I really doubt he arrested ANYONE. I'm pretty sure we would have heard of it, not to mention the only person I have seen OC besides myself is a guy from work that I got into Open Carry.

    If he truly thought it was illegal to carry in a place that just sold booze he would have cited you or arrested you right then, especially if he was being as big of a dick as you described. He knew he was in the wrong and was just trying to keep his "dominance" asserted since you are the citizen and he is the cop, by intimidating you with threats of arrest.

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    State Researcher .40 Cal's Avatar
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    Come out to Charlotte some time. You'll find a few of us running around with our "partners" sitting strongside. I see it more often than you'd expect in a city this size.

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    I agree he was bluffing. I would have said, "I'm I under arrest ? Good then I have more shopping to do". Call his bluff next time, he is full of it.

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    I just took my CHP class yesterday at the instruction center owned by Wake County in Apex.

    The instructor actually made a point to inform us that we can carry in supermarkets, despite the fact that they sell alcohol, because it is ONLY places that sell alcohol for the purposes of consumption at the same establishment, like a bar or restaurant, that we have to avoid.

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    Good to see you're still out there, Yonder. Haven't seen you post in a while.

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    Yeah I guess I must be ADHD or something and have to chase every new shiny object that crosses my path. :celebrate

    I hadn't actually started OC'ing after my first string of posts. Last week I bought a holster. This week I've been OC'ing around the house, outside, getting the neighbors used to it.

    When I get my CHP in a couple of weeks I'll start OC'ing past the end of my driveway so I have the flexibility that I'll need. I ride a motorcycle and wear a bunch of armor so when I'm riding the pistol(s) will be concealed.

    The parents of the kids who play with my kids have also been getting to see the pistol on my hip. So far nobody has freaked, and some of the kids are still coming back, so I guess their parents didn't freak after they got the kids home.

    I was talking to my account manager for the agency that I work for, about a situation with a dangerous whackjob we've been dealing with, and mentioned something about how the "violence in the workplace policy" (aka "victim disarmament policy") leaves me more vulnerable than I am anywhere else, and how it would be nice if I could carry concealed at work with a permit. He says "why in the world would you want to conceal a pistol?" and my response was something along the lines of "I'd rather carry it openly if that was okay with you." :what: That was worth a few good laughs. At least I exposed him for a gun-fearing weenie.

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    but also reminded me about how he arrested a person for OCing because of the terror to the public issue.
    Total BS

    You cannot be charged for merely carrying any firearm openly in NC

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    State Researcher .40 Cal's Avatar
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    I know that. You know that. He doesn't know that WE know that and he hid behind his all powerful badge.

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    You can be charged with just about anything.

    Whether or not it will stick in court is a completely different question.

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