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OC in Hendersonville

M

mbrevard

New member
Joined
Aug 27, 2008
Messages
3
Location
Upstate, South Carolina, USA
imported post

Good morning. So I originally posted this in the OC Question thread but was told to post it here instead. I am possibly traveling from SC to NC this weekend for a day trip to Hendersonville NC for the Apple Festival. Wondering if any of you locals around there are aware of if we can OC in downtown Hendersonville specifically at a festival. I appreciate the help and advice.
 
D

DreQo

State Researcher
Joined
Jan 8, 2007
Messages
2,350
Location
Minnesota
imported post

Good question. http://www.municode.com is a wonderful source of information once you learn how to navigate it. In the future, take a look there to try and find the ordinances for any localities you're curious about.
Sec. 36-87. Weapons on city-owned or city-maintained property.

(a)Prohibited acts. Except as provided in subsection (b) of this section, all persons are prohibited from possessing concealed handguns as defined in G.S. 14-269 in city owned and/or maintained nonresidential buildings and property as defined in G.S. 14-54(C), their appurtenant premises and parks
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This is from Hendersonville's city ordinances. As you can see, concealed handguns are prohibited from city owned or maintained buildings and property.
Sec. 36-83. Dangerous weapons; possession of in certain situations.

If any person shall have in his immediate possession and control any Bowie knife, dirk, dagger, slingshot, loaded cane, brass, iron or metallic knuckles, razor, pistol, shotgun, rifle or other deadly weapon of like kind while under the influence of intoxicating drink, or at the premises of a church, polling place, or other public assembly, he shall be guilty of a misdemeanor.
Click to expand...
Here's an unfortunate one. At the end of this ordinance, it says that deadly weapons are prohibited while at the premises of any public assembly. This ordinance appears to be in at least partial violation of NC's state preemption, BUT that's not an argument you want to have with a cop on the street. With this ordinance in mind, I would suggest that you do not carry at the Apple Festival. :?

With that being said, I have successfully open carried at "public assemblies" in cities that had questionable ordinances, similar to this one. I was unaware of the ordinances at the time, but apparently so were the law enforcement that I walked past, lol.

I hope this helps you to make an informed decision.

(I am not a lawyer.)
 
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