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/gascripts/Statutes/StatutesTOC.pl?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.