How many people have been charged with "going armed to the terror...", really?

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Going armed to the terror of the people, which I'll hereafter refer to as GATTTOTP, sounds to me, from the wording, like one of those arcane laws written sometime in the middle of the 1800's and which is almost never used anymore, like an antiquated blood pressure medicine on the shelf at a pharmacy which hasn't been prescribed for years and will never be again....it just sits there because no one bothered to get rid of it.

So let's put this to the concrete, absoluet test once and for all: How about one of us with access to a professional legal statistics database, like Lawnet or something, find out just how many people have been arrested for and also charged with GATTTOTP in the state of NC? I'm willing to bet *none* in the last fifty years at least.

To avoid any anecdotal evidence, please be sure to look this up yourself before reporting back and don't go by what anyone else tells you or thinks they know.

Thanks to whoever chooses to undertake this. It may be amongst the most valuable information we ever share on this site.

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While I am sure many will try to assist you and answer your post, please understand that the burden of proof you are requiring pretty much eliminates anyone from responding unless they were the one's charged.

I know from my own experience as a police reporter for several newspapers, I would likely never bother printing an incident report on such a charge, therefore unless any of us have access to out DA's files, we're unlikely to have the "proof" you are looking for.

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It's a secondary charge. Open carry is not going about armed to the terror of the public. Some will attempt to discourage open carry through misinformation (kind of like the major media /newspapers do) citing all the things you can be charged with, disturbing the peace, going about armed...., etc.

These charges seldom happen and are most often dropped, or beat in court. In North Carolina, open carry is legal state wide.

Don't let those with a clear ANTI- open carry agenda deprive you of your rights through B.S.

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Cite statute please.

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Sonora Rebel wrote:

Cite statute please.

Click to expand...

There is no statute, Going about armed to the terror of the public. It's common law in North Carolina. Google North Carolina gun laws and the Attorney Generals summary of our gun laws will come up. Scroll down to read about the much misunderstood common law.

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While I am sure many will try to assist you and answer your post, please understand that the burden of proof you are requiring pretty much eliminates anyone from responding unless they were the one's charged.

I know from my own experience as a police reporter for several newspapers, I would likely never bother printing an incident report on such a charge, therefore unless any of us have access to out DA's files, we're unlikely to have the "proof" you are looking for.

Click to expand...

find out just how many people have been arrested for and also charged with GATTTOTP in the state of NC? I'm willing to bet *none* in the last fifty years at least.

Click to expand...

I've seen this charge several times in the last few years on the news. A quick look through WRAL's website yielded quite a few results. Note none of these cases involve someone who was peacefully exercising their rights... all are involved with an actual crime involving a firearm. A majority of these cases are 2007 and 2008.

http://www.wral.com/news/local/story/131858/
Lee was charged with assault with a deadly weapon with intent to kill inflicting serious injury, going armed to the terror of the public and possession of a firearm by a minor. He is being held on $250,000 bond.
Patterson was charged with assault with a deadly weapon with intent to kill inflicting serious injury, going armed to the terror of the public and possession of a handgun.
http://www.wral.com/news/local/story/2689048/
Upon his release from the hospital, Michael Lewis White, 20, will be charged with attempted murder, possession of a firearm by convicted felon, going armed to the terror of the public, and RDO (resisting, delaying or obstructing a public officer).
http://www.wral.com/news/local/story/1091336/

Lamar Bass has been charged in warrants with murder, assault with a deadly weapon with intent to kill inflicting serious injury and going armed to the terror of the public, police said.

http://www.wral.com/news/local/story/2691018/
White will also face charges of possession of a firearm by a convicted felon, going armed to the terror of the public and resisting, delaying or obstructing a public officer.
Here's someone who was convicted of the charge, who later ended up in some more trouble...
http://www.wral.com/news/local/story/2970450/
Rochelle was put on probation on April 3 after a conviction on misdemeanor breaking-and-entering charges. He had served a previous term of probation after being convicted in July 2006 of common-law going armed to the terror of the public.
http://www.wral.com/news/news_briefs/story/2704791/

He is charged with robbery with a dangerous weapon, going armed to the terror of the public, assault with a deadly weapon and discharging a firearm within the city limits.http://www.wral.com/news/local/story/1851388/

Montalvo is wanted for two counts each of assault with a deadly weapon and assault by pointing a gun, as well as one count each of going armed to the terror of the public and discharging a firearm within the city limits.
http://www.wral.com/news/local/story/122138/

Police surrounded a pickup truck, driven by Malcolm Bryant Huffman Jr. 41. Police said Huffman did not initially cooperate with them, but after three hours, surrendered peacefully. He was was arrested and charged with going armed to the terror of the public.
The warrant charging Huffman said he had armed himself "with a black automatic style pistol (pellet gun) and terrified others by going about on a public highway ... walking around with the gun pointed at his chin and chest attempting to make Raleigh police shoot
him."
http://www.wral.com/news/local/story/106577/

Each suspect is charged with the following felonies: Going Armed to the Terror of the Public, Robbery with a Dangerous Weapon, Assault with a Deadly Weapon with Intent to Kill and Attempted Murder.

http://www.wral.com/news/local/story/128148/

Police charged him with two misdemeanors, firing a gun in the city and going armed to the terror of the public. Victor Yarborough is now in the Durham County jail, being held on a $51,000 bond.

http://www.wral.com/news/local/story/1112398/

A Franklinton man was arrested Tuesday after he allegedly fired a weapon at passing vehicles in Wake Forest.

Brian Allen Jaeger, 18, is charged with one count of carrying a concealed weapon and one count of going armed to the terror of the public.

Wake Forest police said Jaeger was lying in the median of U.S. Route 1 near Jenkins Road alongside a paintball rifle. He was also in possession of an air soft handgun and a concealed butterfly knife, according to authorities.

Jaeger was in the Wake County Detention Center Tuesday afternoon under $2,000 secured bond.

His first court appearance is set for Jan. 26.

http://www.wral.com/news/news_briefs/story/2108933/

[...] each with two counts of assault with a deadly weapon with intent to kill, one count of shooting into an occupied dwelling, one count of felony conspiracy and one count of going armed to the terror of the public.

http://www.wral.com/news/local/story/112776/

Investigators said Bruce Jarrett, of Weldon, walked into the Weldon Daycare with a 20-gauge sawed-off shotgun and threatened a woman identified as Ebony Lane.

[...]
Jarrett is charged with assault with a deadly weapon with intent to kill, going armed to the terror of the people and possession of weapons of mass destruction. He has a first court appearance on Sept. 8.
http://www.wral.com/news/local/story/155744/

A Wilson County man faces a long list of charges after being seen shooting a weapon out his car window by a law enforcement officer.

[...]

Hogue said when he looked towards the roadway, he witnessed Peter James Nowell leaning out of the car window firing a handgun at a speed limit sign.

[...]

After stopping the vehicle, Houge found a handgun, two shotguns and a machete inside.
Nowell was charged with possession of a weapon of mass destruction, going armed to the terror of people, carrying a concealed weapon, misdemeanor possession of marijuana and injury to real property.
http://www.wral.com/news/local/story/104939/

Wake County authorities confirmed Sunday that two suspects have been charged in connection to a weekend shooting at a flea market.

[...]

Police arrested 23-year-old David Chegues Lopez of Raleigh and 22-year-old Yoni Janico Herrera of Fuquay about two hours later. Police said Lopez was carrying a handgun and Herrera a knife. Wake County deputies charged the men with carrying concealed weapons. Fuquay-Varina police charged Lopez with discharging a gun in the city, going armed to the terror of the public and damage to property.
http://www.wral.com/news/news_briefs/story/2118309/

Fisher, of Cleveland Street, was charged with two counts of assault with a deadly weapon with intent to kill inflicting serious injury and one count each of going armed to the terror of the public and discharging a firearm within the city limits.

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The only place I know of a statutory reference to Armed to the Terror of the Public is

§ 14‑288.3. Provisions of Article intended to supplement common law and other statutes.

The provisions of this Article are intended to supersede and extend the coverage of the common‑law crimes of riot and inciting to riot. To the extent that such common‑law offenses may embrace situations not covered under the provisions of this Article, however, criminal prosecutions may be brought for such crimes under the common law. All other provisions of the Article are intended to be supplementary and additional to the common law and other statutes of this State and, except as specifically indicated, shall not be construed to abrogate, abolish, or supplant other provisions of law. In particular, this Article shall not be deemed to abrogate, abolish, or supplant such common‑law offenses as unlawful assembly, rout, conspiracy to commit riot or other criminal offenses, false imprisonment, and going about armed to the terror of the populace and other comparable public‑nuisance offenses. (1969, c. 869, s. 1.)



As described, it is a common-law charge, with four commonly accepted elements:

1) Going armed with a dangerous and unusual weapon (yes firearms count as both, State v. Robert S., Huntley, 1843)

2) For the purpose of terrifying others

3) goes about on public highways

4) In a manner to cause terror to others

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RayBurton72 wrote:

The only place I know of a statutory reference to Armed to the Terror of the Public is

§ 14‑288.3. Provisions of Article intended to supplement common law and other statutes.

The provisions of this Article are intended to supersede and extend the coverage of the common‑law crimes of riot and inciting to riot. To the extent that such common‑law offenses may embrace situations not covered under the provisions of this Article, however, criminal prosecutions may be brought for such crimes under the common law. All other provisions of the Article are intended to be supplementary and additional to the common law and other statutes of this State and, except as specifically indicated, shall not be construed to abrogate, abolish, or supplant other provisions of law. In particular, this Article shall not be deemed to abrogate, abolish, or supplant such common‑law offenses as unlawful assembly, rout, conspiracy to commit riot or other criminal offenses, false imprisonment, and going about armed to the terror of the populace and other comparable public‑nuisance offenses. (1969, c. 869, s. 1.)

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That explains it - the legislature declared the common law crimes above to be in force - generally, common law offenses are or havebeen on their way out in most states for decades.

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I think Mr. Burton is due a hearty 'well done.'