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Thread: Cary NC Open Carry

  1. #1
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    I emailed the police cheif in cary and they informed me that open carry was not allowed and would be considered "going armed to the terror of the public" that is what I got from it, just courious what ya'll think. From what I have read this is not true and they can not make a law the supeseades a stat law.

    Looking for input.


    Thanks

  2. #2
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    Well, not only that but going armed to the terror of the public would require you to:

    1. Arm yourself with an unusual and dangerous weapon,
    2. For the explicit purpose of terrifying others and
    3. Go about on public highways
    4. In a manner intending to cause terror to others

    Open Carry is NOT going armed to the terror of the public. While they may have some other ordinance about OC, they still couldn't technically charge you with that. Of course they just told you they'll surely try though. It's nice to know that they threatened to charge you with a crime you did not even mention committing.

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    Have a look at this interesting document from the town of Cary:

    http://www.townofcary.org/op/pd06-015.htm


  4. #4
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    It seems to me that it's okay to OC in Wake county, but I guess Cary thinks it's above the state and the county, lol.

  5. #5
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    This is against state premeption law. The town of Cary doesn't have the authority to implement such a law, and it behooves you to follow up your conversation with this information.

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    Better yet, what's his email address?

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    I would like to know what they have to say about this as well. Why do they think they can threaten you with false charges like that? I guess one thing they wont need to worry about anytime soon is me buying or doing anything within their city limits.

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    I replied back with a couple questions.

    Mr. XXXXXXXX

    I read through all the information you sent me but I'm unclear on a couple things.

    1. "Going Armed to the Terror of the People" would mean the I was acting suspicious or aggressive towards somebody or something with a firearm in hand correct? Not just walking around with it in a holster on my hip.

    2. I thought I read that in NC we have a premeption law that would allow for open carry in all of NC regardless of city code. With that said I understand that carry on state and federal grounds is not allowed.

    I appreciate you help on this. I'm not trying to be argumentative I'm just curious about this.

    Regards,

    XXXXXXXXX

  9. #9
    State Researcher .40 Cal's Avatar
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    I hope you didn't email from home or leave a trail that leads back to you because I'm pretty sure someone has their eye on you now...

  10. #10
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    Did Jdogg message you the individual's email address yet? I wonder what their response will be. Perhaps a SWAT team raid is in order?

  11. #11
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    Cary:

    Containment

    Area for

    Retired

    Yankees



    Need I say more?

    J/K ... used to use that back in college at UNC to razz the Cary folks!

    Shame they don't get it. Kind of like Chapel Hill and their minimum size limit for OC ordinance. Just need someone with the moxy (and the $$) to test the issue in the courts system.

    Any volunteers?

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    I have sent an email to the Cary Town Manager, basically asking the same question. The address, if you want to contact him also is:

    townofcary@townofcary.org

    William B. Coleman, Jr., Town Manager
    Town Hall Campus
    316 N. Academy St.
    Cary, NC 27513
    P.O. Box 8005
    Cary, NC 27512-8005
    (919) 469-4007



  13. #13
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    .40 Cal wrote:
    I hope you didn't email from home or leave a trail that leads back to you because I'm pretty sure someone has their eye on you now...
    I don't think I have done anything wrong that I need to worry about where I emailed from.

  14. #14
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    You don't need to do anything for them to watch you, and they will watch you to make sure you don't. That, unfortunately, is the way of our "Brave New World".

  15. #15
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    OBXMIKE wrote:
    Cary:

    Containment

    Area for

    Retired

    Yankees



    Need I say more?

    J/K ... used to use that back in college at UNC to razz the Cary folks!

    Shame they don't get it. Kind of like Chapel Hill and their minimum size limit for OC ordinance. Just need someone with the moxy (and the $$) to test the issue in the courts system.

    Any volunteers?
    According to an article in National Geographic it is:

    Containment

    Area for

    Relocated

    Yankees

    Most are not retired, retirees can't afford to live there.

  16. #16
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    Cary, NC has a statute that uis preempted by state statute and state Const. law ruling - hire a lawyer and file a civil action to have the ordaince delcared invalid.

  17. #17
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    Are you licensed in NC, Mike?

  18. #18
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    Relocated yankees!! That's it!!

    Stuff gets a little fuzzy after a few years........



    .40 cal.........Licensed to do what?





  19. #19
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    Sorry OBXMike, I meant is Mike (supermod) licensed to practice law in NC.

  20. #20
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    Whew!!

    Thought I might have missed my rabies shots or something! lol!



  21. #21
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    Mike wrote:
    Cary, NC has a statute that uis preempted by state statute and state Const. law ruling - hire a lawyer and file a civil action to have the ordaince delcared invalid.
    Mike, since I'm a North Carolina resident nowI would have standing to do just that. Do you think it could be done for $10,000 or less TOTAL, legal fees and everything ?

    We could probably raise that pretty easily.

    Any gun rights attorney down here you would recommend ?

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    This is an interesting/good idea. Unfortunately, I have no idea about the cost or feasability of it.

    V ..... Nice. That sounds quite feasible indeed!

  23. #23
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    jack wrote:
    Mike wrote:
    Cary, NC has a statute that uis preempted by state statute and state Const. law ruling - hire a lawyer and file a civil action to have the ordaince delcared invalid.
    Mike, since I'm a North Carolina resident nowI would have standing to do just that. Do you think it could be done for $10,000 or less TOTAL, legal fees and everything ?

    We could probably raise that pretty easily.

    Any gun rights attorney down here you would recommend ?
    I think is likley that legal fees could run less than $10K - I have an estamte from one prominent attonrey in Virginia to file a similar action for $4-6K.

    Start poking around lawyers familiar with state law practice in Cary, NC area, go thru state bar, etc. Obviously, it will save you time and money if you FIRST do some legal research yourslef and get all your docs lined up so you don;t have to pay the lawyer $200+ per hour to do somthing you can do online with a little time. Print out aone page statement of what you want done - nice neat packet - enclosure 1 - email threatening you with arrest. Enclosure 2 - copu of Cary ordiance - enclosure 3 copy of state presmption statute - enclosure 4 - copy of the 2-3 state const. cases outlining the right to open carry without any permit.

  24. #24
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    Thank you Mike. I think this is really do able financially. I could probably raise the funds with a few calls to folks thatI do business with, and fromwithin my industry group.



  25. #25
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    jack wrote:
    Thank you Mike. I think this is really do able financially. I could probably raise the funds with a few calls to folks thatI do business with, and fromwithin my industry group.
    This action must be filed in state court to claim state statutory and constitutional claimes; however, as their are potential federal claims, you might want to bring in state court as an additional cause of action 42 USC 1983 which allows for attonreys fees if you prevail via 42 USC 1988 - not a sure thing, but might be worth trying. also, you could ask the NRA Civil Rights Defense Fund for funding to enforce state statutory preemption and const. claims.

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