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Thread: What is "concealed" in NC

  1. #1
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    Winston Salem, North Carolina, USA
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    I have spent the last two days pondering over the NC criminal code and find no definition for "concealed" in the Concealed Weapons Statute. As a retired USAF Spec OP's vet and Ohio Sheriffs Deputy (Athens Co.), I would conclude that being "holstered" satisfies the"concealed" requirement of the law.As long as the weapon is not brandished in public, or someone threaten by it, but even that is not spelled out. The only specified non-shooting gun assult I can find is under Artile 8, SS 14-34, " Assult by Point a Gun".

    Do we have a NC legal scholar on the forum I can defer to on this topic?

  2. #2
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    Dustoff wrote:
    I have spent the last two days pondering over the NC criminal code and find no definition for "concealed" in the Concealed Weapons Statute. As a retired USAF Spec OP's vet and Ohio Sheriffs Deputy (Athens Co.), I would conclude that being "holstered" satisfies the"concealed" requirement of the law.As long as the weapon is not brandished in public, or someone threaten by it, but even that is not spelled out. The only specified non-shooting gun assult I can find is under Artile 8, SS 14-34, " Assult by Point a Gun".

    Do we have a NC legal scholar on the forum I can defer to on this topic?
    As I understand it, there is not specific definition to "concealed." usually that is a fact for the jury to determine, but a common use definition would be not in plain sight, "on or about one's person"and "readily accessible."

    Since Open carry is legal in North Carolina, you could carry in a holster (Including an IWB), so long as the butt, grip, etc. was not covered by your shirt or anything else and it would not be concealed.

    As far as brandishing, which you mentioned, if you are legally carryingconcealed, the simple act of bushing aside your cover garment to reveal the presence of a concealed firearm, if done for the purpose of intimidation, can be construed as brandishing, regardless of whether you actually touch or draw the weapon.

    Hope that helps.

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