Results 1 to 18 of 18

Thread: carrying in food areas that serve alcohol

  1. #1
    Regular Member
    Join Date
    Mar 2008
    Location
    Huntersville, North Carolina, USA
    Posts
    231

    Post imported post

    Are there any bills or statues that are in the houses of NC that will allow carry in a place that serves and consumes alcohol?

  2. #2
    Regular Member
    Join Date
    Jul 2008
    Location
    Gastonia, North Carolina, USA
    Posts
    45

    Post imported post

    I usually surf this forum and never respond, but I had to for this one.

    It seems a lot of people on this forum misunderstand the firearm laws of NC.

    Citizens choosing to open carry are bound by the same laws as someone carrying concealed.

    That means, you may not carry your firearm into a restaurant that serves alcoholic beverages, you may not carry your firearm into a financial institution (bank), and you cannot carry on government property (court house, post office, national parks, etc.).

    This is described under generate statute § 14‑415.11 of North Carolina state law.

    Also, you must understand than local governments are allowed to enforce their own laws governing the display of firearms in public (display ban).

    I personally live in Gastonia, NC. I sent an e-mail to the City of Gastonia Police Department, and I was told by Steve Duncan the following:


    (me)
    Sir or Madam;
    I was wondering if you happen to have the firearms laws specific to Gastonia and Gaston County in a PDF or if you would know how I could obtain them otherwise. More specifically, is open holster carry (in a holster, on your belt, unconcealed) of a handgun legal in Gastonia and/or Gaston County-a specific law strictly forbidding it? I'm aware of NC's state law regarding "going armed to the terror of the people," but that would only be used if someone complained, correct? If you can't answer these questions, could you direct me to someone who could? Thanks for your time.

    Kudos,

    Steve Woolard

    (him)

    Hi Steve, I am the SWAT commander and one of our firearms instructors. You are correct on the Armed to the Terror of the Public. That is normally only if a complaint comes in. Of course everyone is restricted on federal property, schools, alcohol establishments, other government property and many other areasbut you can carry out in the open as a general rule. Here is the NC concealed carry link and some other info you may find helpful. http://www.ncdoj.com/law_enforcement/cle_handguns.jsp, Look under Article 35 at this link http://www.ncga.state.nc.us/gascript...l?Chapter=0014it has all the NC statutes. Feel free to call me if I can assist you further. Thanks, Steve

    Captain Steve Duncan
    Central District Commander
    Gastonia Police Department
    [TRUNCATED]



  3. #3
    Regular Member
    Join Date
    Jul 2006
    Location
    Pittsboro, North Carolina, USA
    Posts
    212

    Post imported post

    swoolard wrote:
    I usually surf this forum and never respond, but I had to for this one.

    It seems a lot of people on this forum misunderstand the firearm laws of NC.

    Citizens choosing to open carry are bound by the same laws as someone carrying concealed.

    That means, you may not carry your firearm into a restaurant that serves alcoholic beverages, you may not carry your firearm into a financial institution (bank), and you cannot carry on government property (court house, post office, national parks, etc.).



    Swoolard,

    You are definitely correct, a lot of people on this forum do misunderstadnt he firearm laws of N.C. Unfortunately, to a point, you are also one of them.

    As reported many times, I have word from not only N.C. Sheriff, and the BATF, but also from NC Attorney General. You can indeed carry a firearm into a financial institution. You just are not allowed to carry it concealed. That is why you will see numerous banks in the Triange area (or at lease Raleigh) displaying "No Firearms" signs.



    I open carry in mybank quite often, with LEO presence and have never, had an incident.

  4. #4
    Regular Member
    Join Date
    Jul 2006
    Location
    Pittsboro, North Carolina, USA
    Posts
    212

    Post imported post

    However, we still have not answered the question. As far as I know, there are no legislations or bills currently being reviewed/voted on as far as us carrying in a place that sells alcohol for consumption on premises.

    Does anyone else out here know if a new bill has been introduced. I believe the next one is slated for 2010. Cannot remember where I heard that though, so take it for what it's worth.

  5. #5
    Opt-Out Members
    Join Date
    May 2007
    Location
    , North Carolina, USA
    Posts
    178

    Post imported post

    Godscreation wrote:
    Are there any bills or statues that are in the houses of NC that will allow carry in a place that serves and consumes alcohol?
    H391/S1094 The NC Restaurant Protection Act would have allowed people with a concealed handgun permit to carry in any place that served food, even if it served alcohol as well. Unfortunately it died in committee both in the house and senate.

    A BILL TO BE ENTITLED

    AN ACT to allow persons with concealed handgun permits to protect themselves and their families in restaurants.

    The General Assembly of North Carolina enacts:

    SECTION 1. G.S. 14‑269.3(b) is amended by adding a new subdivision to read:

    "(5) A person on the premises of an establishment that is a restaurant under G.S.18B‑1000(2) or G.S.18B‑1000(6) provided the person has a valid concealed handgun permit under Article 54B of Chapter 14 of the General Statutes."

  6. #6
    Regular Member
    Join Date
    Jul 2006
    Location
    Pittsboro, North Carolina, USA
    Posts
    212

    Post imported post

    dubccat51,

    Do you know if this is going back to the house, and if so, when?

  7. #7
    Opt-Out Members
    Join Date
    May 2007
    Location
    , North Carolina, USA
    Posts
    178

    Post imported post

    It has been in Judiciary I since March 15th, 2007 so I am assuming that it is dead.

  8. #8
    Regular Member
    Join Date
    Jul 2006
    Location
    Pittsboro, North Carolina, USA
    Posts
    212

    Post imported post

    Ok, thanks.

  9. #9
    Opt-Out Members
    Join Date
    May 2007
    Location
    , North Carolina, USA
    Posts
    178

    Post imported post

    I think that this would have opened up too many places to carry for the libs in Raleigh. An eating establishment as defined in the bill would have included any establishment that normally and customarily serves food. Heck, primary/secondary schools and universities, theatres, etc.are establishments that normally and customarily serve food.

  10. #10
    Regular Member
    Join Date
    Jul 2006
    Location
    Pittsboro, North Carolina, USA
    Posts
    212

    Post imported post

    Hmm... good point. I guess that would start arguments on which rules supercedes the other.

  11. #11
    Opt-Out Members
    Join Date
    May 2007
    Location
    , North Carolina, USA
    Posts
    178

    Post imported post

    Acritical, did you ever hear from Bojangles?

  12. #12
    Regular Member
    Join Date
    Jul 2008
    Location
    Gastonia, North Carolina, USA
    Posts
    45

    Post imported post

    acritical wrote:
    swoolard wrote:
    I usually surf this forum and never respond, but I had to for this one.

    It seems a lot of people on this forum misunderstand the firearm laws of NC.

    Citizens choosing to open carry are bound by the same laws as someone carrying concealed.

    That means, you may not carry your firearm into a restaurant that serves alcoholic beverages, you may not carry your firearm into a financial institution (bank), and you cannot carry on government property (court house, post office, national parks, etc.).



    Swoolard,

    You are definitely correct, a lot of people on this forum do misunderstadnt he firearm laws of N.C. Unfortunately, to a point, you are also one of them.

    As reported many times, I have word from not only N.C. Sheriff, and the BATF, but also from NC Attorney General. You can indeed carry a firearm into a financial institution. You just are not allowed to carry it concealed. That is why you will see numerous banks in the Triange area (or at lease Raleigh) displaying "No Firearms" signs.



    I open carry in mybank quite often, with LEO presence and have never, had an incident.
    Touché. So you're telling me that I could open-carry in places I cannot carry concealed? So with that, I've gotta ask, does anyone know where open-carry is (by state law) barred?

    I have a list of concealed-carry here: http://www.ncfirearmslaw.com/sampletext3.html



  13. #13
    Opt-Out Members
    Join Date
    May 2007
    Location
    , North Carolina, USA
    Posts
    178

    Post imported post

    § 14‑269.2. Weapons on campus or other educational property.

    § 14‑269.3. Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed.

    § 14‑269.4. Weapons on State property and in courthouses.

    § 14‑277.2. Weapons at parades, etc., prohibited.

    § 14‑288.7 Areas of Riots or Emergencies

    Any of the areas on your list that are prohibited by NCGS 14.415.11 are not illegal to open carry in under state law.

  14. #14
    Regular Member
    Join Date
    Jul 2008
    Location
    Gastonia, North Carolina, USA
    Posts
    45

    Post imported post

    So it's basically the same as concealed carry. Why are banks different?

  15. #15
    Opt-Out Members
    Join Date
    May 2007
    Location
    , North Carolina, USA
    Posts
    178

    Post imported post

    swoolard wrote:
    So it's basically the same as concealed carry. Why are banks different?
    § 14‑415.11. Permit to carry concealed handgun; scope of permit.

    (c) A permit does not authorize a person to carry a concealed handgun in the areas prohibited by G.S. 14‑269.2, 14‑269.3, 14‑269.4, and 14‑277.2, in an area prohibited by rule adopted under G.S. 120‑32.1, in any area prohibited by 18 U.S.C. § 922 or any other federal law, in a law enforcement or correctional facility, in a building housing only State or federal offices, in an office of the State or federal government that is not located in a building exclusively occupied by the State or federal government, a financial institution, or on any other premises, except state‑owned rest areas or state‑owned rest stops along the highways, where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises. It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in his body any alcohol or in his blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in his blood was lawfully obtained and taken in therapeutically appropriate amounts.
    The regulations in bold are not taken from any existing general statute. Therefore they apply only to concealed carry under state law. It is obvious that you cannot carry in a federal institution but the others have no prohibition of open carry in state law.

  16. #16
    Regular Member
    Join Date
    Aug 2008
    Location
    , , USA
    Posts
    7

    Post imported post

    swoolard wrote:
    I usually surf this forum and never respond, but I had to for this one.

    It seems a lot of people on this forum misunderstand the firearm laws of NC.


    Also, you must understand than local governments are allowed to enforce their own laws governing the display of firearms in public (display ban).

    (me)
    Sir or Madam;
    I was wondering if you happen to have the firearms laws specific to Gastonia and Gaston County in a PDF or if you would know how I could obtain them otherwise. More specifically, is open holster carry (in a holster, on your belt, unconcealed) of a handgun legal in Gastonia and/or Gaston County-a specific law strictly forbidding it? I'm aware of NC's state law regarding "going armed to the terror of the people," but that would only be used if someone complained, correct? If you can't answer these questions, could you direct me to someone who could? Thanks for your time.

    Kudos,

    Steve Woolard

    (him)

    Hi Steve, I am the SWAT commander and one of our firearms instructors. You are correct on the Armed to the Terror of the Public. That is normally only if a complaint comes in. Of course everyone is restricted on federal property, schools, alcohol establishments, other government property and many other areasbut you can carry out in the open as a general rule. Here is the NC concealed carry link and some other info you may find helpful. http://www.ncdoj.com/law_enforcement/cle_handguns.jsp, Look under Article 35 at this link http://www.ncga.state.nc.us/gascript...l?Chapter=0014it has all the NC statutes. Feel free to call me if I can assist you further. Thanks, Steve

    Captain Steve Duncan
    Central District Commander
    Gastonia Police Department
    [TRUNCATED]


    I have a few differences to share with you.

    First, based upon my interpretation of the below statute, local governments do not have an open slate to enforce/regulate open carrying of firearms. It seems, based upon the below statute, that they are limited as to their jurisdictional buildings and property only.

    14-409.40 - Statewide uniformity of local regulation
    (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.

    (e) A county or municipality may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with that local unit of government.

    (f) Nothing contained in this section prohibits municipalities or counties from application of their authority under G.S. 153A‑129, 160A‑189, 14‑269, 14‑269.2, 14‑269.3, 14‑269.4, 14‑277.2, 14‑415.11, 14‑415.23, including prohibiting the possession of firearms in public‑owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas, except nothing in this subsection shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas. Nothing contained in this section prohibits municipalities or counties from exercising powers provided by law in declared states of emergency under Article 36A of this Chapter.

    I also beg to differ a bit with the SWAT guru's interpretation of "Going to the Terror of the Public" that it's a violation if someone merely complains. The case law clearly states that:
    “But although a gun is an "unusual weapon," it is to be remembered that the carrying of a gun, per se, constitutes no offence. For any lawful purpose--either of business or amusement--the citizen is at perfect liberty to carry his gun. It is the wicked purpose, and the mischievous result, which essentially constitute the crime."

    ...not somebody complaining about it.

    Source: NC Common Law: Going to the Terror of the Public (State v. Huntley, 25 N.C. (3 Ired.) 418, 40 Am. Dec. 416 (1843)). http://www.guncite.com/court/state/25nc418.html


    I could be wrong but that's how I read it.






  17. #17
    Opt-Out Members
    Join Date
    May 2007
    Location
    , North Carolina, USA
    Posts
    178

    Post imported post

    Black Wolf wrote:

    I also beg to differ a bit with the SWAT guru's interpretation of "Going to the Terror of the Public" that it's a violation if someone merely complains. The case law clearly states that:
    “But although a gun is an "unusual weapon," it is to be remembered that the carrying of a gun, per se, constitutes no offence. For any lawful purpose--either of business or amusement--the citizen is at perfect liberty to carry his gun. It is the wicked purpose, and the mischievous result, which essentially constitute the crime."

    ...not somebody complaining about it.

    Source: NC Common Law: Going to the Terror of the Public (State v. Huntley, 25 N.C. (3 Ired.) 418, 40 Am. Dec. 416 (1843)).


    I could be wrong but that's how I read it.


    I think that you are correct. In order to be considered "Going Armed to the Terror of the People" a person must (1) arm himself with an unusualand dangerous weapon (2) for the purpose of terrifying others (3) and go about on public highways (4) in a manner to cause terror to others. If you don't meet the four criteria, you are not going armed to the terror of the people.

  18. #18
    Regular Member
    Join Date
    Jul 2006
    Location
    Pittsboro, North Carolina, USA
    Posts
    212

    Post imported post

    dubccat51 wrote:
    Acritical, did you ever hear from Bojangles?
    Unfuortunately, I never did hear back from BoJangles. I guess they feel like they have said their piece on the matter and n further response is necessary.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •