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Thread: oc question

  1. #1
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    ok here is an interesting question me and a co worker were discussing the other day. ... what is the difference between open carry of a pistol and open carry of a long gun such as a rifle or shotgun? his logic is if you can carry a pistol in a holster on your hip why cant you carry a long gun on a sling across your back? is there a specific law against this or is it just generally against the law?

  2. #2
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    State v. Fennell and State v. Kerner guarantee the individual right of thecitizento keep and bear militarytype firearms which includes full size rifles and shotguns. I'mpretty surethere isno law against openly carrying a rifle or shotgun and I'malso sure if there was, it could be overturned with the precedent of these two cases. You can legally open carry a long arm, people just don't do it that often.

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    We'll have to look again but I believe the rulings said something along the lines of it was legal to carry "military size pistols" or something along those lines.

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    The ruling in State v. Fennell sayes that only a specific type of weapon that is part of a class of weapons can be banned from posession or open carry if it is a danger to the public. The ruling said that it was a reasonable restriction to ban a sawed-off shotgun because it was a weapon of mass destruction but shotguns with barrels over 18 inches were fine, so a political division couldn't ban theposession andcarry of a whole class of weapons. That's why it is considered a reasonable restriction for Chapel Hillto ban the open carry ofpistols under 6 inches in lengthsince it is considered a concealable pistol but military sized pistols may still be carried. All long arms that meet the criteria (rifles w/ barrel over 16 inches, shotguns w/ barrel over 18 inches) may be openly carriedbecause that meets the criteria of a military size firearm. People just don't carry long arms that much because it is much easier to carry a pistol. Imagine the looks you would get if you walked in to Wal-Mart with an AR-15slung acrossyour back. :what: I wonder how long it would take the cops to get there?

  5. #5
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    yeah i could just see the old people at the door diving for cover!! lol thanks for the info. i will let my buddy know tonight when i get to work. looks like he owes me five bucks!! woohoo!! lol

  6. #6
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    Well think about how people react to us carring pistols openly. You may get extra looks but I'm willing to bet that for the most part nothing would happen. Though I'm not willing to be the first to try it :P

  7. #7
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    You have to keep in mind that OC of an AR-15, although legal, could be a little too tacticool for the common police officer. You would more than likely be detained for more than a chat due to the perception of the cop. At some point they would use the "armed to the terror of the public" line. In the end, it is legal, but do you really need the hassel? I know that we are out there to promote OC, but we are also out there to promote common sense.

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    jeepinbanditrider wrote:
    Though I'm not willing to be the first to try it
    So who's up foran Open Carry lunch with AR-15's???


    :what:




































    lol just kidding. That picture is from israel and I wouldn't try it here but after seeing the picture Imight want to visit israel.



  9. #9
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    yeah this question was strictly hypothetical! although if a leo had driven by the other day as i came out of the deer woods he would probably have needed new britches!!! i had my hi point c9 onmy hip my remington 30-06 slung across my back and my mossberg 500 in my hands! not to mention i was in full woodlands camo!!! i also had an ammo bag and a pair of bushnell binoculars hanging off me. lol

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