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Thread: OC in greensboro nc?

  1. #1
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    so i was wondering if anyone has had any experiences with OC in greensboro NC ??
    i have never OC but i am actually thinking about doing this.
    although i am planning on taking the class to get my CCP in Feb of 08 with my dad.
    will i have any problems as long as i abide by the law??
    Note: i am 21 years old and legally own my Glock 19.
    oh and im a newbie!!

  2. #2
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    Welcome to the site. Here you can find a lot of good information and trade stories. Please do if you have any.

    I open carry in Raleigh/Durham and Cary (where I can) and have not had any experience that would make me reconsider doing so. However, I have not had to opportunity to carry in Greensboro at all. With what I understand about the open carry law, I would not hesitate to carry there, just familiarize yourself with the county/local statutes so that you know what limitations you are dealing with.

    As the saying goes, "It is not whether or not the police know the law, but whether or not you do." I have read many accounts on where civilian carries had to educate the local police about the legitimacy of open carry in their area, either because they never experienced anyone carrying or they never took the time to learn that aspect.

    "Carry often and safe"

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    acritical wrote:
    Welcome to the site. Here you can find a lot of good information and trade stories. Please do if you have any.

    I open carry in Raleigh/Durham and Cary (where I can) and have not had any experience that would make me reconsider doing so. However, I have not had to opportunity to carry in Greensboro at all. With what I understand about the open carry law, I would not hesitate to carry there, just familiarize yourself with the county/local statutes so that you know what limitations you are dealing with.

    As the saying goes, "It is not whether or not the police know the law, but whether or not you do." I have read many accounts on where civilian carries had to educate the local police about the legitimacy of open carry in their area, either because they never experienced anyone carrying or they never took the time to learn that aspect.

    "Carry often and safe"
    so where exactly can i find the county/local statutes??

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    on the GlockTalk forum i posted and asked other people from nc what they're thoughts were about open carrying, one said:

    Sir, I rarely venture my opinion in open forums, but I feel I must chime in about Open Carry, which is legal in North Carolina. There is a state statute which prescribes criminal penalties for "Going Armed To The Terror of the Populace - Misdemeanor". While open carry is sometimes still seen today in rural areas where people know one another, carrying openly amongst the sheeple now populating metropolitan Greensboro, High Point, and Winston-Salem would, in all probability, result in their crashing the telephone bank at 911, a SWAT call out, and the rapid introduction of your nose to the pavement by said SWAT. Worse, carrying openly would expose you and your handgun to all and sundry and make you a target for the MS-13 types currently infesting Greensboro. I am surprised that your Carry Concealed - Handgun Instructor did not cover this. Until you have your concealed carry permit, I would suggest that you follow the advice of Mr. Myagi in "The Karate Kid". When asked if there was such a thing as the ultimate defensive move (or something like that), Mr. Myagi replied, "No Be There".

    made total sense to me!

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    quote:

    "Sir, I rarely venture my opinion in open forums, but I feel I must chime in about Open Carry, which is legal in North Carolina. There is a state statute which prescribes criminal penalties for "Going Armed To The Terror of the Populace - Misdemeanor". While open carry is sometimes still seen today in rural areas where people know one another, carrying openly amongst the sheeple now populating metropolitan Greensboro, High Point, and Winston-Salem would, in all probability, result in their crashing the telephone bank at 911, a SWAT call out, and the rapid introduction of your nose to the pavement by said SWAT. Worse, carrying openly would expose you and your handgun to all and sundry and make you a target for the MS-13 types currently infesting Greensboro. I am surprised that your Carry Concealed - Handgun Instructor did not cover this. Until you have your concealed carry permit, I would suggest that you follow the advice of Mr. Myagi in "The Karate Kid". When asked if there was such a thing as the ultimate defensive move (or something like that), Mr. Myagi replied, "No Be There"."

    may i say that i totally disagree with this programmed, compliant, paranoid, individual. if said swat team responded, or ANY leo, in the manner prescribed above, you would more than likely have merit for a civil rights violation lawsuit. i have open carried all over winston-salem, gboro, and high point for years, with no more than an occasional curious question or two by leo's. just be prepared to show you are aware that open carry is 100% legal in nc, and refuse to be intimidated by people who are ignorant. strangely, i have never been "victimized" by those ms-13 types.

    marine dad

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    I have to agree with Marine Dad. Such comments made by Glock19NC are typical of talking to people that are opposed to open carry firearms. Carrying a holstered firearm on any street will not constitue "Going Armed to the Terror of the Public".



    In order to go armed to the terror of the public, four conditions must be meet:

    Common-law offense (272 N.C.535; 32 N.C. App. 496)

    "A person guilty of this offense (Going Armed to the Terror of the People)"

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

    2. for the purpose of terrifying other (must be meaning to terrorize)

    3. and goes about on public highways

    4. in a manner to cause terror to others (must be acting in such a way that a reasonable person would be alarmed)

    All four conditions must be met for it to be charged. Just open carrying a holstered firearm cannot meet these requirements.

    I usually use this link for municipal codes:

    http://www.municode.com/Resources/OnlineLibrary.asp

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    marine dad wrote:
    quote:

    "Sir, I rarely venture my opinion in open forums, but I feel I must chime in about Open Carry, which is legal in North Carolina. There is a state statute which prescribes criminal penalties for "Going Armed To The Terror of the Populace - Misdemeanor". While open carry is sometimes still seen today in rural areas where people know one another, carrying openly amongst the sheeple now populating metropolitan Greensboro, High Point, and Winston-Salem would, in all probability, result in their crashing the telephone bank at 911, a SWAT call out, and the rapid introduction of your nose to the pavement by said SWAT. Worse, carrying openly would expose you and your handgun to all and sundry and make you a target for the MS-13 types currently infesting Greensboro. I am surprised that your Carry Concealed - Handgun Instructor did not cover this. Until you have your concealed carry permit, I would suggest that you follow the advice of Mr. Myagi in "The Karate Kid". When asked if there was such a thing as the ultimate defensive move (or something like that), Mr. Myagi replied, "No Be There"."

    may i say that i totally disagree with this programmed, compliant, paranoid, individual. if said swat team responded, or ANY leo, in the manner prescribed above, you would more than likely have merit for a civil rights violation lawsuit. i have open carried all over winston-salem, gboro, and high point for years, with no more than an occasional curious question or two by leo's. just be prepared to show you are aware that open carry is 100% legal in nc, and refuse to be intimidated by people who are ignorant. strangely, i have never been "victimized" by those ms-13 types.

    marine dad
    so i oc'ed today and had no problems in greensboro. i actually went in a few places, stores, lowes, and the local range (calibers)and had no problems. i dont even think many people even noticed that i had a gun on my belt..

    and for this comment "Worse, carrying openly would expose you and your handgun to all and sundry and make you a target for the MS-13 types currently infesting Greensboro. " that the guy off of Glock Talk made, i exposed my handgun but it was securely locked in place with the new holster i bought today!!

    ill just be extra careful where i carry..

  8. #8
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    I have been OCing in Greensboro area for some time now and have never had a problem. I have sat a table away from the sheriff of rockingham county while OCing and he didnt have anything to say. As long as you do know the ordinances of the cities you are visiting then you will be ok(which you can find at municode.com, just google "city ordinances nc" and its the first one). Also I would advise dressing the part of a responsible gun owner and this case a gun carrier. I dont know if howI dress is the reason i have never had a swat experience as a previous ignorant responder decided to inform you would happen, but i will atribute it to the reason i rarely have even the second glance. I have gone into every greensboro walmart, the mall with GPD security, resturaunts(not serving alcohol of course), and friendly shopping center and never had a problem at all. Happy carring to you and hopefully you can get your dad to start OCing as well. Oh and i do advise taking the class even if you are just going to stick to OCing the videos may be boring but the instructors have alot of good info.

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    just a guy, with a Glock wrote:
    Chapel Hill & Cary have open carry ordinances, preemption in NC is weak. If you just Google firearms ordinances, Cary Nc andthe ordinance will pop up.
    Open carry of military size handguns is protected by the NC Constitution says the NC S. Ct. E.g., State v. Kerner, 107 S.E. 222, 225 (N.C. 1921) (striking down licensing scheme for open carry of handguns but noting that the the state may regulatethe carrying of easily concealedhandguns).

    The Chapel Hill ordinance merely requires that openly carried handguns be a minimum size of 6 inches, measured in 1 or 2 slightly vague ways.

    NC preemption is not the best, but pretty good: OCDO summary states:

    --

    "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.""


    --

    Cary, NC Code § 22-51(d), infra, to the extent that the ordinance by the totality of its text purports to ban open holstered carry of military sized handguns is (1) unconstitutional under Kerner, and (2) violative of state preemption as delegated power to regulate "display" does not encompass mere possession in a holster. Alternatively, one might read open carry under under Kerner as "specifically permitted or authorized by law" under Code § 22-51(d).

    Somebody in NC needs to file a civil action in NC state court declaring § 22-51(d) inapplicable to openly caried holstered military sized handguns.

    --

    Cary, NC Code Sec. 22-51. Prohibition of the carrying and display of firearms and other weapons at certain public locations.
    (a) Firearms generally. No person shall possess firearms in town-owned buildings, on the grounds or parking areas of those buildings, or in town parks or recreation areas, including greenways, except nothing in this section shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas.
    (b) Posting required. The director of public works or his designated representative is hereby authorized and instructed to post conspicuous signage at appropriate locations on or within each park, including greenways, and each building or portion of a building owned, leased as lessee, operated, occupied, managed or controlled by the town, as well as the appurtenant premises to such buildings, indicating that carrying a concealed handgun or possessing or displaying any firearm or any other deadly weapon, as defined in G.S. § 14-269(a), on the properties and locations described in this section is prohibited therein and thereon unless specifically permitted or authorized by state law or the provisions of the town's code of ordinances.
    (c) Location. Signs on buildings shall be visibly posted on the exterior of each entrance by which the general public can access the building. The director of public works or his designated representative shall exercise discretion in determining the number and appropriate location of signs to be placed on or within appurtenant premises and parks, including town greenways.
    (d) Applicability to other public locations. No person shall display any firearm or other deadly weapon as defined in G.S. § 14-269(a) while on any public street, alley, sidewalk or other public property within the town unless specifically permitted or authorized by law.
    (e) Exceptions. The following exceptions to the provisions of this section are authorized:
    (1) The chief of police, or designee, has authorized the public possession or display of a firearm, or other weapon, as part of an official program or event sponsored or sanctioned by the town;
    (2) The possession or display of the firearm, or other weapon, was the result of an individual(s) exercising his legitimate right to self defense or the defense of others as allowed by law;
    (3) The possession or display of the firearm, or other weapon, was conducted by a person(s) authorized by law to carry and display such items as part of their official or otherwise recognized lawful duties (e.g., law enforcement officers, military personnel, security guards, etc.); or
    (4) The possession or display of the firearm, or other weapon, was necessary for the temporary transport and securing of the item and was not otherwise in violation of existing statutes or ordinances (e.g., recent purchase and movement to vehicle for transport, securing of firearm by CCH permit holder in vehicle, found item to be turned in to authorities, firearm in approved vehicle gun rack, etc.).
    (f) Violation. The carrying of concealed handguns or the possession or display of any firearm or other dangerous weapon as defined in this section, in or upon any of the locations specified by this section, shall constitute a misdemeanor and subject any violator(s) so convicted to such penalties as may be imposed by the court.
    (Code 1982, § 13-9.1; Ord. No. 95-031, 12-14-1995; Ord. No. 01-010, 5-24-2001; Ord. No. 06-010, 6-22-2006)

    --

    See also the Chapel Hill Code Article IVX, infra. The polling place and open carry under influence of alcohol bans would appear to be both unconstitutional and violate preemption. The ban on assembly of more than 2 persons open carrying would appear to violate both preemption and the NC and federal constitution. The long gun semi-auto (i.e., "weapons of mass destruction") carry ban would also appear to be violative of preemption and the NC constitution.

    Somebody in NC needs to file a civil action in NC state court declaring these sections unconstitutional.

    --

    Chapel Hill, NC Code ARTICLE XIV. ADDITIONAL RESTRICTIONS ON POSSESSION AND DISPLAY OF FIREARMS*

    __________
    *Cross references: Discharging firearms in cemeteries, § 6-3; discharge of firearms, BB guns, § 11-6; prohibition of possession of weapons on town property, § 11-15; prohibition of possession of weapons on public streets temporarily closed to regular traffic for street fairs and other special events, § 11-16; restrictions during state of emergency authorized, § 11-74; prohibition of possession of weapons on town buses, § 11-84; rules and regulations for town parks, § 12-3; prohibition of possession of weapons in taxis and limousines, § 20-5.
    State law references: City may regulate display and discharge of firearms, G.S. § 160A-189.

    __________


    Sec. 11-130. Findings and purposes.
    The town council does hereby find that:
    (1) North Carolina law authorizes cities and towns, within statutory and constitutional limitations, to regulate the use and display of firearms.
    (2) North Carolina law authorizes cities and towns, within statutory and constitutional limitations, to prohibit the possession of weapons or instrumentalities of mass death and destruction.
    (3) North Carolina law authorizes cities and towns, within statutory and constitutional limitations to define, prohibit, regulate or abate acts or conditions detrimental to the health, safety, and welfare of their citizens and the peace and dignity of their communities.
    (4) The proliferation and use of small, readily concealed handguns and the proliferation and use of semi-automatic weapons create an ever-increasing danger of violence and crime, especially because of an increase in drug-related crimes, and pose a serious threat to the health, safety and welfare of the citizens of Chapel Hill.
    (5) The lawful civilian application or use of semi-automatic sporting rifles and shotguns for their intended purposes within the Chapel Hill town limits is virtually non-existent, in that there are no shooting ranges or lawful hunting grounds within the town limits.
    (6) Semi-automatic weapons, which are not prohibited by state law, can be a substantial threat to the health, safety, and welfare of the citizens of Chapel Hill similar to fully automatic weapons, which are prohibited by state law. Some fully automatic weapons which can discharge a thirty-round magazine in two (2) seconds can discharge the same number of rounds, if operated as semi-automatic weapons, in five (5) seconds.
    (7) Semi-automatic weapons are capable of causing mass death and destruction.
    (8) The opportunity to use semi-automatic weapons as recreational sporting or hunting weapons within the town limits is nonexistent and is far outweighed by the threat that the weapons, if carried within the town limits openly and/or loaded off one's own property, will cause injury and death to human beings.
    (9) Small, readily concealed handguns, as opposed to larger firearms, are more likely to be carried on the public streets and sidewalks and because they are often carried in an unlawful, concealed manner they pose an increased danger to public safety and welfare, and are otherwise more likely to be used in conjunction with criminal activity.
    (10) Handguns which are less than six (6) inches in overall length are easily and ordinarily carried concealed.
    (11) Firearms without handgrips which are less than eight (8) inches in length are easily and ordinarily carried concealed.
    (12) The display of firearms on the public streets, sidewalks and alleys of the town by persons who are consuming or under the influence of drugs or alcohol, poses a threat to the safety and welfare of the citizens of Chapel Hill due to the effects of such drugs and alcohol on said persons' judgment.
    (13) The display of firearms at public assemblies on the streets, sidewalks, alleys and other public property of the town, creates a potential hazard to the health, safety, and welfare of the citizens of Chapel Hill.
    (14) Private parking lots and privately owned open areas, subject to town police officer parking and/or trespass regulatory authority at the request of the owners, function in virtually the same manner as publicly-owned property.
    (15) The display of firearms at polling places could be disruptive to the peaceful conduct of the election processes and is detrimental to the health, safety, and welfare of the citizens of Chapel Hill.
    (16) The establishment of reasonable additional regulations on firearms in these areas within the limits prescribed by constitutional and statutory law, serves to enhance the health, safety and welfare of the citizens of Chapel Hill and the peace and dignity of the town.
    (Ord. No. 93-11-22/O-1, § 1)

    Sec. 11-131. Prohibition on display of firearms by persons consuming or under the influence of alcohol or drugs.
    (a) No person shall display on the town streets, sidewalks, alleys or other public property, any firearm while said person is consuming or under the influence of alcohol or any other impairing substance.
    (b) A person commits a violation of section (a) if he displays a firearm upon any street, sidewalk, alley or other public property:
    (1) While actually consuming any alcoholic beverage or other impairing substance; or,
    (2) While under the influence of an impairing substance; or,
    (3) After having consumed sufficient alcohol he has, at any relevant time after displaying the firearm, an alcohol concentration of 0.04 or more.
    (Ord. No. 93-11-22/O-1, § 1)


    Sec. 11-132. Prohibition on display of firearms at polling places.
    (a) No person shall display any firearm at any polling place.
    (b) For purposes of this article, the term "polling place" shall mean any area where the restrictions contained in North Carolina General Statute Sec. 163-147 apply.
    (c) This section shall not apply to persons authorized by state or federal law to carry firearms in the performance of their duties.
    (Ord. No. 93-11-22/O-1, § 1)


    Sec. 11-133. Prohibition on display of firearms at public assemblies.
    (a) No person shall display a firearm at any public assembly on any street, sidewalk, alley or other public property.
    (b) For purposes of this article, the term "public assembly" shall mean the gathering of three (3) or more persons within an area of close proximity so that the persons present are engaging in one (1) or more common activities and can communicate with each other without use of voice amplifying or transmitting devices. The term public assembly shall not include any parade, funeral procession, picket line or demonstration regulated by N.C. General Statute Sec. 14-277.2 or any assembly regulated by N.C. General Statute Sec. 14-269.3.
    (c) This section shall not apply to persons authorized by state or federal law to carry firearms in the performance of their duties.
    (Ord. No. 93-11-22/O-1, § 1)


    Sec. 11-134. Prohibition on display of small handguns.
    (a) No person shall display, on any street, sidewalk, alley or other public property any handgun which is easily and ordinarily carried concealed.
    (b) For purposes of this article, the term "handgun which is easily and ordinarily carried concealed" shall mean any handgun or other firearm with an overall length of less than six (6) inches; provided, however, that in the case of a handgun or firearm that does not have a handgrip, this term shall mean any such handgun or firearm with an overall length of less than eight (8) inches.
    (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.
    (d) This section shall not apply to persons authorized by state or federal law to carry firearms in the performance of their duties.
    (Ord. No. 93-11-22/O-1, § 1)


    Sec. 11-135. Prohibition on possession of weapons of mass destruction.
    (a) Except as allowed by the exemption contained in section 11-137 of this article, no person shall possess, off his or her own premises, a weapon of mass death and destruction.
    (b) For purposes of this article the term "weapon of mass death and destruction" shall mean:
    (1) Any semi-automatic action, center fire or carbine that accepts a detachable magazine with a capacity of twenty (20) rounds or more;
    (2) Any semi-automatic shotgun with a magazine capacity of more than six (6) rounds;
    (3) Any semi-automatic handgun that is:
    a. A modification of a rifle described in section (b)(1) above, or a modification of an automatic firearm; or,
    b. Originally designed to accept a detachable magazine with a capacity of more than twenty (20) rounds; or,
    c. Possessed while a detachable magazine with a capacity of more than twenty (20) rounds, usable with said handgun, is attached or readily or directly accessible;
    (4) Any part, or combination of parts, designed or intended to convert a firearm into a weapon of mass death and destruction as defined in this section or any combination of parts from which a weapon of mass death and destruction, as defined in this section may be readily assembled if those parts are in the possession or under the control of the same person.
    (c) For purposes of this article the term "weapon of mass death and destruction" shall not include:
    (1) Any firearm within the definition of "weapon of mass death and destruction" contained in N.C. General Statute 14-288.8.
    (2) Any firearm that uses a .22 caliber rimfire ammunition with a detachable magazine with a capacity of thirty (30) rounds or less.
    (3) Any semi-automatic weapon which has been modified to either render it permanently inoperable or to permanently make it a device no longer defined as a weapon of mass death and destruction.
    (d) This section shall not apply to persons authorized by state or federal law to carry firearms in the performance of their duties or persons exempted, by N.C. General Statute Section 14-288.8(b) from the provisions of N.C. General Statute Sec. 14-288.8.
    (Ord. No. 93-11-22/O-1, § 1)

    Sec. 11-136. Public property defined.
    For purposes of this article, the term "public property" shall include, but not be limited to:
    (1) Any privately owned public vehicular area as identified in N.C. General Statute Section 160A-301(d) where the town has properly enacted parking regulations and, in addition, any privately owned outdoor area where the owner has, pursuant to N.C. General Statute Section 14-159.13, authorized town police officers to trespass persons on said property during specified hours; provided, however, that such privately owned property shall only be considered public property for purposes of this article if signs have been posted, in a manner reasonably likely to come to the attention of persons entering, with notice of the town's exercise of regulatory authority.
    (2) Property owned by, or under the control of, the town or some other government or public agency; provided, however that the regulations contained in this article shall not be construed to restrict the display or possession of firearms on residential property by the resident of said property, provided the possession or display is within the resident's own dwelling unit.
    (Ord. No. 93-11-22/O-1, § 1)

    Sec. 11-137. Exemptions.
    In accordance with United States Code Title 18, Section 926A, nothing in this article shall be construed as prohibiting any person from transporting, shipping, or receiving a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, that in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
    (Ord. No. 93-11-22/O-1, § 1)

    Sec. 11-138. Conflict of laws.
    If any portion of this article shall be preempted or otherwise declared invalid by any state or federal authority, such action shall not operate to invalidate the rest of this article and the same shall remain in full force and effect.
    (Ord. No. 93-11-22/O-1, § 1)

    Sec. 11-139. Enforcement and penalties.
    (a) Criminal penalties. Violation of any provision of this article shall be a misdemeanor and shall be subject to a fine of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.
    (b) Civil enforcement. In accordance with N.C. General Statute Section 160A-175(d), in the case of any violation under this article, the town may apply to the general court of justice for an appropriate equitable remedy, which may include, but is not limited to, an order that the weapon displayed or possessed in violation of this article be confiscated and destroyed or transferred to an appropriate law enforcement agency for the official use of such agency. It shall not be a defense to the application of the town for such equitable relief that there is an adequate remedy at law.
    (Ord. No. 93-11-22/O-1, § 1)

  10. #10
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    better to just conceal jagwag, don't want to go against LEOs directions, orders, and requests.

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