Onslow Co - Establishments and Alcohol

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I spoke with Magistrate Hall just now and he told me that there is "no law prohibiting open carry in restaurants. That only applies to CCW. They may ask you to leave, and you must comply, but there is no prohibition."

He also said I should contact an attorney for specifics about defending that.

Any ideas here?

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marinepilot81 wrote:

I spoke with Magistrate Hall just now and he told me that there is "no law prohibiting open carry in restaurants. That only applies to CCW. They may ask you to leave, and you must comply, but there is no prohibition."

He also said I should contact an attorney for specifics about defending that.

Any ideas here?

Click to expand...

Does not sound righ to me, assuming you mean restaurants licensed to serve alcohol.

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I'm no expert but I know that OC laws are a lot looser than CC laws, from what I've read I've heard of people walking into a bank while open carrying but thats a definate no-go while concealed. But as I said I'm no expert and the CC laws are a lot easier to understand than the OC laws.... Too much left open to interpretation with OC.

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I'm having trouble digging up the laws at the moment, but I've read them enough times to be able to say this with confidence.

ANY establishment that SERVES alcohol is off-limits, whether it be a bar, resturant, or any combination of the above. The law does NOT specify concealed or open...it simply restricts the carry of any firearm, period.

The law that restricts financial institutions specifically prohibits concealed firearms, making an openly carried firearm perfectly legal.

I am not a lawyer, but these are the interpretations I live and carry by.

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Dre has it right. No-go on any place serving alcohol for on-premises consumption, whether you're partaking or not.

I work in Va; live in NC, and I have caught myself on a few occasions having to runback to the truck to lock up my weapon in NC, whereas I don't have to part myself from my gun eating out in Va.

Sucks. Sure wish we could get that law changed.

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Concealed:

1. Although a person may have a permit to carry a concealed weapon, they are not authorized to carry that weapon anywhere they wish. The weapon may not be carried in the following areas:
1)any area prohibited by N.C.G.S. 14-269.3, 14-269.4, 14-277.2, or 120-32.1. (School grounds, areas where alcohol is sold and consumed, state property, legislative buildings, and public gatherings such as parades)

2. It is unlawful for the permittee to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in his body any alcohol.

Open:

1. North Carolina law also prohibits any person carrying a gun, rifle, or pistol into any assembly where a fee has been charged for admission or into any establishment where alcoholic beverages are both sold and consumed.

2. Is it lawful to carry a weapon to a bar or similar establishment for purposes of protection?
Answer:No. North Carolina General Statutes forbid a person to carry a weapon into an assembly where an admission fee has been charged or a place where alcoholic beverages are sold and consumed.

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Were you just quoting something there? I've seen a lot of questionable interpretations of NC's law. The law itself isn't that difficult to interpret. Reading them directly is the best way to find your answers.

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Yeah, that's my bad. I was quoting

http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf

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The magistrate, sheriff, and PD here in J-ville could not give me a statute regarding information that must be given to an officer upon confrontation.

Any one happen to know what it is?