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Thread: Open carry in NC

  1. #1
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    First things first my names robert just turned 18 new years. Carry weapon will be a RIA fullsize 1911 .45acp.

    i currently live in central fl but will be moving to Wilmington,NC in march *New Hangover County. Ive contacted the sheriff in wilmington basically he said if im caught OC i will be arrested.

    Ive searched a good deal its just painful slow (wireless aircard interent *slower than dialup*)

    but i have a few questions.

    im trying not to have abunch of legal issues at 18

    1. is there a law or statute i can make a copy of to keep with me to show the arresting officers or people if questioned or arrested?

    2. could i get something from someone on a state or county level stateing that i can OC?

    3. Where cant i carry? *examples

    4. any cities or countys where i cant carry?

    5. what should i do if arrested do to OC

    6. anything else i need to know?

    7. can anyone suggest a holster for a fullsize 1911 *also trying to decide whether or not to add a weapon light<opions already have crimson laser grips

    8. anyone around wilmington wanna meet up for a open carry get together and to show me around


    heres a pic of the carry weapon *stock form
    ill be adding

    crimson laser grips
    beavertail
    hammer
    full length guide rod
    magwell and trigger kit
    maybe a weapon light cant decide
    Attached Images Attached Images

  2. #2
    Regular Member USMC91E6's Avatar
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    check out the NC page on this website and it should give you everything that you need

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    Hi Robert,

    Here's an early welcome to NC try http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl

    This is the NC General StatuesContents page of the NC General Assembly's website. Look up 14-409.40 (I think this is correct). Or you might just google 14-409.40 It will be the one refering to statewide uniformity.

    Bye the bye, how do you like your Rock?

    Cheers,

    John

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    ive only shot one box of federal hst's. so far i love it. i still miss my combat commander in .38super though (STOLEN)

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    any one wanna email the head guy at the wilmington sheriffs department? on the sunbject of open carry.

    i would but my letter/grammar is sub par

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    Robert,

    Here is a copy of the Wilmington Municiple Code that addresses possession of a firearm.


    Sec. 6-7.1. Possession of weapons or concealed handguns prohibited on city property.

    (a)Except as provided in subsection (b) below, it shall be unlawful for any person to possess any weapon or concealed handgun as defined in G.S. § 14-269 in city-owned or operated buildings, their appurtenant premises, and parks.

    (b)This prohibition shall not apply to the following persons:

    (1)Officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties as such and acting under orders requiring them to bear arms;

    (2)Civil officers of the United States while in the discharge of their official duties;

    (3)Officers and soldiers of the national guard when called into actual service;

    (4)Officers of the state, or any county, city, or town, charged with the execution of the laws of the state, when acting in the discharge of their official duties;

    (5)Sworn law enforcement officers; and

    (6)Any person, firm, corporation, or other combination of individuals specifically permitted by the city council to possess weapons on city property.

    (c)A conspicuous notice shall be posted at each entrance to any property set forth in subsection (a) above stating: "Possession of weapons or carrying a concealed handgun is prohibited."

    (d)Weapons or concealed handguns possessed in violation of this section are hereby declared to be contraband. The chief of police or his designee shall seize and hold such weapons or concealed handguns for disposal pursuant to law.

    (Ord. of 10-17-95, § 1)

    Once my ex-wife was in court to fight a citation for driving while not having a child restrained. At the time there were four instances listed in the general statutes that allowed for having a child unrestrained and she asked the arresting officer to explain the law as he understood it. The district attourney objected saying that it wasn't the police officers responsibility to understand the law and the judge sustained the objection.She then asked the officer if he was aware of theexceptions allow in theStatutes, and that sent the DA as well as the judgeto their desk copies. She won her case.From this experience, I would say the police could be completely wrong about anything and you may have to have the issue adjudicated for clarity.
    Probably the best person to contact for a reasonably informed opinion on how the city code is to be interpreted is the City Attorney. While he or she might still be wrong, there is chance that they will have a better understanding of the law than a law enforcement officer.

    Cheers,
    John

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    Don't you have to be 21 years old in NC?

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    featherbndr wrote:
    Don't you have to be 21 years old in NC?
    Nope. A person has to be 21 to purchase the handgun and the ammunition for the handgun, but they only have to be 18 to carry.

  9. #9
    Founder's Club Member Tess's Avatar
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    Oooooohhhhhh. Pretty gun. May I pet it?

    JK, I have my own RIA 1911 - a lot like that one, in fact. I hope you enjoy shooting it as much as I do. Right out of the box I had a 5" grouping at 7-10 yards. I've only put about 200 rounds through it, but that thing is SWEET.

    Enjoy NC. I vacation there a lot (headed out in the morning, in fact). I carry concealed there most of the time, simply because I visit my parents, and my stepfather - son of a gunsmith, handy with firearms, etc. - just isn't happy that I choose to carry. If it's hidden away, he doesn't make comments.

    ETA: When I OC the RIA, I carry it in a Serpa Blackhawk - since I carry it locked and cocked, I like the retention properties. I carry a tac light separately, not mounted on the handgun.
    Laws alone can not secure freedom of expression; in order that every man present his views without penalty there must be spirit of tolerance in the entire population. -Albert Einstein

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    NC has preemption. In other words municipalities CAN NOT make gun laws (there are certain exceptions). See the NC code here: http://www.ncga.state.nc.us/enactedl...14-409.40.html. The rub comes if there is any state law prohibiting open carry. I could not find one in a quick search.

    I would go back to the Wilmington Sheriff or, better yet,the Wilmington DA and ask for a citation for his statement. If there is none, then he'sjust another badge heavy flatfoot who really does need to justify his statement before a jury.Down side, anNC resident has toplay the part of defendant.




  11. #11
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    I though NC had preemption but that all local laws that were on the books alreadystayed valid.

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    I believe that GS 14-409.40 does in fact pre-empt municipal restrictions with a general state standard. The statutes do allow city governments, much like private property owners, to prohibit weapons both concealed and open in city owned buildings, parking lots (except if the weapon is left in a vehicle for storage purposes), and parks. All other prohibitions that are well documented andfully discussed in this forumie: at parades, funerals, picket lines,educational institutes,establishments selling alcohol for consumption on premises,&c. are by state statute and are cited in GS 14-409.40 for the use of municipalities in allowing those specific restrictions to be included in the various local municipal codes.

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    mmF3RR3T wrote:
    ive only shot one box of federal hst's. so far i love it. i still miss my combat commander in .38super though (STOLEN)
    I'm sorry to hear about the loss of your .38 super. I wantone of those in full size withnickel finishto convert to 9mm (for cost of ammo reasons). I currently have the.45GI version and really like RIA!I think it is the best value ACPclone on the market.

    Cheers,

    John

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    State Researcher .40 Cal's Avatar
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    F3rr3T,

    It's not what the law says, it's what it doesn't. If you read carefully through the law you will find no area that excludes you from the right to carry a firearm as long as you are 18. The only age restrictions are that you need to be at least 18 to own a firearm, and 21 to conceal. Other than that, there is no law that prevents OC at your age.

    THAT SAID, be prepared to be confronted more often than a more seasoned OCer. Carry copies of the law in your pocket, make friends with an attorney that may be versed in firearm law (and will be willing to get you out of a possible wrongful arrest), and always maintain your most courteous and professional acumen when dealing withHanover county's finest.The second you raise your voice, you're going in for disorderly conduct or resisting (whether it isright or not).

    I carry a few 1911's myself. I hope you get as many compliments as I do on keeping old slabsides in duty after nearly a century of being the American guardian.

  15. #15
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    what laws in particular should i have copies of?

  16. #16
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    Robert,

    I think that the only thing that absolutley should have is a copy of the Wilmington Municipal Code thatI posted earlier and GS 14-409.40. Wiley posted a link that opens directly to the statute.

    Cheers,

    John

  17. #17
    State Researcher .40 Cal's Avatar
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    You can also print a copy of the pertinent sections of the state law that are pertinent as listed on the NC page on the map.

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