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Thread: Questions about OC in Charlotte and quoted Charlotte muni code

  1. #1
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    Charlotte is a high crime city where it pays to be prepared and ready to protect yourself at all times and in all areas, no matter how cleaned-up they may be in recent years. Violent crimes here are both geographically random and often involve guns.

    I wanted to open carry. Apparently the state law says you CAN do that. Some on this board say townships can make up whatever additional laws they want restricting OC, others say they can't do that. So can they? And you should site state law to support your argument if you want to weigh in on that.

    Here is what I found online as far as specific Charlotte ordinances:

    Sec. 15-14. Possession of dangerous weapons.
    (a) For the purposes of this section, the term "dangerous weapon" shall be defined as any object or device designed or intended to be used to inflict serious injury upon persons or property, including, but not limited to, FIREARMS; knives of any kind or type having a blade in excess of 3 1/2 inches in length, except when used solely for preparation of food, instruction or maintenance; razors and razor blades, except when used solely for personal shaving; metallic knuckles; clubs, blackjacks and nightsticks; dynamite cartridges, bombs, grenades, mines and other powerful explosives; slingshots; shurikins; stun guns; and loaded canes.
    (b) It shall be unlawful for any person to carry, possess or have within his immediate access any dangerous weapon while in or upon any real property owned (except property owned by the city and leased to some other person or organization), leased, as lessee, or otherwise temporarily controlled by the city, whether such property is located within or outside the corporate city limits.

    (Okay, so that means you can carry everywhere except a building or prooperty that is owned and used by or leased to the city. Fair enough)

    (c) This section shall not apply to the following persons while acting lawfully and within the scope of their duties and authority:

    (I removed this since it goes into how cops, soldiers, etc. are immune from the above)

    (d) This section shall not prohibit the lawful possession or carrying of dangerous weapons on the public streets and sidewalks, except as provided in section 15-18.

    (Section 15-18 is marked as having been removed from the code, so whatever it was we don't need to worry about it)

    Part D says, essentially, that while the city may own the city streets and sidewalks(they being real property), the man can't stop you from carrying on them.

    So that's what it says on the books. I think it goes without saying that you would do well to not carry on school grounds, government buildings, bars, maybe hospitals and places that prohibit you from carrying a gun.

    Here's the really weird part: It lumps guns into the same category (dengerous weapons)as clubs, knives, all that good stuff. So does that mean you can carry a billy club or battle axe down the streets as well? I don't see how you wouldbe prohibited from doing so. Opinions?

    So........any thoughts, opinions or corrections on any of this as it pertains in Charlotte? Not the part about clubs and stuff but mainly just guns. I have no interest in carrying a club or battle axe.

  2. #2
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    Charlotte_resident wrote:
    I wanted to open carry. Apparently the state law says you CAN do that. Some on this board say townships can make up whatever additional laws they want restricting OC, others say they can't do that. So can they? And you should site state law to support your argument if you want to weigh in on that.

    So........any thoughts, opinions or corrections on any of this as it pertains in Charlotte? Not the part about clubs and stuff but mainly just guns. I have no interest in carrying a club or battle axe.
    The law does not state that you can open carry a firearm, it just doesn't say that you can't and this is supported by the state constitution and two NC Supreme Court decisions (State v. Kerner and State v. Fennell). As far as cities being allowed to regulate firearms, I think this is what you are looking for:
    § 14‑409.40. Statewide uniformity of local regulation.


    (a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, statewide concern, and that the entire field of regulation of firearms is preempted from regulation by local governments except as provided by this section.

    (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.

    (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.
    It is also legal to carry other deadly weapons, but all must be open carried just like a pistol except for a folding pocket knife.

    Oh and welcome to OpenCarry.org!!!


  3. #3
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    Yeah, I found that online last night and was going to post it here. I hope people actually read that quoted legal text, because more so than hearing what others have to say about the law, it's always best to read what the law itself says first, and no, you don't have to be a lawyer to do that. Thanks for posting that.

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