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Thread: Legally owning

  1. #1
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    Alright im almost done asking questions :P. Now I know ive read this some where but need further info. Once I have a pistol and OC is there any information that I need on the gun? Like say a permit, but I read you dont need one for OC. Please clarify this for me.

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    Since NC does not do firearm registration, there is no paperwork necessary to open carry a firearm. If for some reason LEO secures your firearm during a stop, and run the serial numbers, most likely it is to check against the stolen firearm database.

    However, most of the time I hear of LEO securing the firearm is due to their being uncomfortable with citizen carry. The only time you need paperwork is when carrying concealed, and then that is your CCW permit.

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    No permit is required to OC in NC. It's a second amendment right. You do however, need a pistol PURCHASE permit to PURCHASE a handgun, but after that you are golden to OC without any permit or gun info on you. The Mecklemburg County Sheriff website (for those that live in that county) says: "handguns must be carried out in the open, they may not be concealed....unless you have a concealed carry permit." So as long as you don't conceal it, you have the right to carry open. If an officer stops you, keep in mind they can only ask you to indentify yourself if they have probable cause (4th amendment). Being that openly carrying a firearm is a right that is granted by the constitution, merely having a gun is not probable cause for you to give them ID.

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    Alright just checking to make sure. Didnt want to catch problems for not having papers.

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    German accent: "may I see yo paper peez?"

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    99 counties do not have handgun registration. However, one... Durham county requires (read as: demands) the registration of all handguns. This was approved by the North Carolina General Assembly. I guess in Durham we are under more scrutiny.

    So, if you live in Durham county, the local county deity, the Sheriff, apparently needs to know about it and demands that you: Average "Joe Blow" private clean-cut non-descript citizen with a spotless background check through NCIS must still register your handgun through his Register of Deeds office and within one month of purchase, pronto.

    Get careless, and a month and a day later, you could be saying as they pound on your door, "Uh oh, it's the Sheriff!"
    Subsisto tutus. Subsisto secundus emendatio.

    Tyrants come in all shapes and sizes, as do those who do their bidding. Anyone who tells you that the threat of tyranny is long over, is either a fool, an enemy, or BOTH.

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    Is that a county statute(sp) that is written anywhere? I would love to see that.

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    I've seen it all over the net, however, I have yet to find the law at the General Assembly website. Something is fishy.

    http://www.ncrpa.org/faq/ownership.shtml

    I contacted these people at NCRPA.org and if they cannot produce the statute which I cannot find at the North Carolina General Assembly website with clear keywords like "Durham County Handgun Registration" then I feel there is no need to register since the people in 99 counties around me "ain't gotta do it either". Whose business is it to know if I'm packin'?
    Subsisto tutus. Subsisto secundus emendatio.

    Tyrants come in all shapes and sizes, as do those who do their bidding. Anyone who tells you that the threat of tyranny is long over, is either a fool, an enemy, or BOTH.

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    Aint no Permit and durham this was a suggestion by anti gun crowed and it failed miserably

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    I'm going to get to the bottom of this Burnin', because seriously, I have NO desire to let public officials know whats on me or in my home. We don't register power tools, how about lawnmowers, or furniture. Kitchen knives or survival blades. Not them either. I was a citizen before I became a C/O and will always be one when I (if and when) I leave this field.
    Subsisto tutus. Subsisto secundus emendatio.

    Tyrants come in all shapes and sizes, as do those who do their bidding. Anyone who tells you that the threat of tyranny is long over, is either a fool, an enemy, or BOTH.

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    Ha do not forget that you are a prisoner at least from 9-5 lol Then you get to go home. My professor at WCU was a super max officer and He always tells people he was in prison for 15 years. hehe So if leo ever comes up to you maybe you could tell him that you just got out of prison ie out of work

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    I know for a fact that NC does not have handgun registration. I also know many people that own firearms in Durham County that have not had to register their firearms. No Sheriff has ever showed up at their door. I do not know for sure, however, that a county cannot institure their own version of registration. That would need to be researched, but the best place to start is with the county statutes.

    I have often heard that if a person is seen open carrying in Durham, that the Sheriff has informed his officers to detain or arrest these people on any charge they can find. I contacted the Sheriff myself and he assured me that is not the case, open carry is completely legal as long as done so by the NC laws. He welcomes legal open carry inside the county and city of Durham. I have open carried almost every weekend that I can and have seen many officers and they have noticed my firearm. Never have any of then said a word to me.

    I guess this goes to any conflicting word of mouth information that we deem important is important enough for us to research and find out the truth. "Believe half of what you see and none of what you hear"?

    Hope this helps.

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    Alright im going to look at Elizabeth City statues. Im not that good at pointing this stuff out. So if someone sees something before I post please release the info

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    Ok, I stand corrected on the Durham issue. There is still a valid law on the books that require registration for Durham.

    North Carolina Firearm Laws - Revised August 2006

    http://www.durhampolice.com/pdf/PSNNCLaws.pdf(Question 6, pg. 34)

    I wonder how well it is enforced.

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    All this time I was under the impression that one in, say, Hertford county would get in big trouble if he was found with an unregistered handgun. Is this false? Unregistered handguns are legal?

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    There is no gun licensing in North Carolina. The closest thing that we have toregistering a gunis a pistol purchase permit prior to purchasing the handgun in the place of a Brady Background Check. I don't even think that Durham County is allowed to require gun registration. It is not in the AG's opinion on NC Firearms Laws and I have never seen an actual law that states it. The only evidence that I have ever seen for Durham Counties gun licensing is heresay on the internet. I couldn't even find a reference to it at the DurhamCounty Code website although their laws seem to be about asanti-gun as they possibly could be under North Carolina Law:

    http://www.municode.com/resources/ga...650&sid=33 (TheGun Laws are in Chapter 17)

    A handgun that is stolen or has the serial number scratched off of it is a whole different issue. That can fall under federal law which will put you in jail for a long, long time.




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    dubccat51,

    Reference my link above. Durham County does have the right to require firearm registration if you live there. It is on the books and it is legal. Now, do they enforce this, this is something that would need to be asked of the Durham County Sheriff.

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    Well I didnt see anything in Elizabeth City statues unless I missed it. If someone could please look behind me.

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    I looked in the Durham City Ordinances as well and still could not find any mention of handgun registration.

    http://www.municode.com/resources/ga...670&sid=33(Firearm Regulations are in Chapter 12)



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    The reason you are having trouble finding it is because it is not a municipal code, but a General Statute. If you look up NC GS 14-409, you will find it everytime.

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    The purtenant part of that statutereads:

    "(b) Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, storage, transfer, sale, purchase, licensing, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms, or dealers in handgun components or parts."

    There is no specific statute that allows Durham to register it's citizens handguns.In order forDurham to be able to license handguns they have to be allowedto do so by a statute from the NC Legislature. After that,Durham must set up an ordinance that lays out asystem to license handguns and then requires it's citizens to register their handguns. Without those two items, Durham cannot legally require it's citizens to registertheir handguns.


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    I see we will not come to terms on this one, and it could be my misunderstanding of the statute. In that respect, I concede.

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    It does say in the AG's Opinion that there is a statute, so I don't blame you for believing it. I usually like to trust my elected officials as well .But a statute is not referenced and I can find no other evidence that one exists. If someone can show me that statute and subsequent Durham ordinance I will change my opinion real fast.

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    Dubccat51, Would you say this is a scare tactic of the authority forces in Durham for the unenlightened? I mean Durham has BAD crime and so they appear to punish the honest citizens and stay away from the real criminals.
    Subsisto tutus. Subsisto secundus emendatio.

    Tyrants come in all shapes and sizes, as do those who do their bidding. Anyone who tells you that the threat of tyranny is long over, is either a fool, an enemy, or BOTH.

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    That's what it appears to be. This was probably a law before pre-emption and Durham kept the rumor alive that it was in fact law to appear liberal and tough on guns. In 1993 or 1995 a lot of general statutes were repealed in the NC GS 14-490 section and i'm willing to bet thatthis statutewas among them.

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