open carry in Western NC(Asheville area)

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i have read many of these posts and most on the open carry is in the east. i was in a gun store in asheville(0n target) and asked about open carry, and i quote " u will be arrested and charged with going to the terror of the people." i understand, that has to be proven and on a D.A.'s part that is very difficult. i have a concealed permit and i know that if some one saw my weapon and called the police. the police would only check my permit and say thanks have a good day. so why would it be any different for open carry? i want to carry open b/c i believe that it is a constitutional right and carring concealed is a privilage.

are there any get togethers in WNC for open carry( like to talk "shop" , laws ect.)? it would be reasuring if i new there were others. i have lived here most of my life and never seen anyone open carry.


jim

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First of all, let me assure you, that OC'ing is not enough for a charge of going armed to the terror of the public. Let me also assure you, that very few people actually understand what that charge means (unfortunately, too many LEO fall into this category).

OC'ing is legal in NC under the common-law presumption that anything not specifically named illegal by law, is legal. (While this is true, it is problematic, as there is no statute to cite to convince the unwashed).

A charge of going armed to the terror of the public (ironically, the charge itself is a common-law crime, as there is no statute specifically banning), has four 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

Huntley also makes it clear that simply carrying an unconcealed weapon IS NOT enough to merit a charge of going armed to the terror of the public.

Now, the difficult part: There is a law in NC that allows cities and counties to "regulate" the "display" of firearms on the streets, sidewalks, alleys, or other public property.

Some cities has passed ordinances outright banning OC in their city limits - it is generally believed that such outright bans are unconstitutional - but many of these ordinances are still on the books. Many people will say they have OC'd with no problems in Cary, which has this type of ordinance, but YMMV.

Other cities, such as Chapel Hill, have passed ordinances banning the OC of weapons that are smaller than a certain size. These types of ordinances are not CLEARLY unconstitutional, and anyway carrying in those towns should be VERY careful to ensure they know whether they are in compliance with the law, or have made a conscious decision to challenge such ordinance.

I offer no opinion on whether to obey or challenge, but I believe that should be a conscious choice, not the result of ignorance (which we all know is not defense before the bar of justice)

AFAIK, there are no such ordinances in Western NC, but Asheville does ban firearms from its parks.

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45disco wrote:

i have read many of these posts and most on the open carry is in the east. i was in a gun store in asheville(0n target) and asked about open carry, and i quote " u will be arrested and charged with going to the terror of the people." i understand, that has to be proven and on a D.A.'s part that is very difficult. i have a concealed permit and i know that if some one saw my weapon and called the police. the police would only check my permit and say thanks have a good day. so why would it be any different for open carry? i want to carry open b/c i believe that it is a constitutional right and carring concealed is a privilage.

are there any get togethers in WNC for open carry( like to talk "shop" , laws ect.)? it would be reasuring if i new there were others. i have lived here most of my life and never seen anyone open carry.


jim

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Open carry is protected by the NC constitution. State v. Kerner (NC) (No license may be required to open carry military sized handguns).

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I have the same question about Spruce Pine/Mitchell County. In the same boat...also have a CHP and have thought about it hard. Apparently, this common law sounds like it may date back to the 1800's and horseback. Maybe that's where "highways" comes in. Just speculating. Anyway, since NC is an anomalous open carry state, weSHOULD be able to open carry. It would be great to have an OC get-together in the WNC area. The movement could get some feedback. Maybe some newspaper articles. Just not sure where to start. This whole OC issue seems to boil down toeducating the general public. I know here in Mitchell County, there is one guy that comes to mind when I think of OC. HeOC's a really nice SS 6-gun and everybody knows him too(which probably helps) and leaves him alone. He's a really good citizen andis polite. I notice my own manners when I conceal carry. They do change. For the better. Back ti OC'ing - I would be in favor of meeting somewhere in the WNC area to eat/meet. How about you?

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yep, unfortunately it has to be in a restaurant that doesn't serve alcohol b/c of the statute, i think. i t would be nice to find a county that allows for open carry in the county parks for a cook out. i am sure transylvania has a ban. i am going to ask today, though. I'd hate to plan something and have to have it in virginia! LOL state forest you can only carry a .22 lr. and i carry every time (my glock conversion)

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murf26 wrote:

since NC is an anomalous open carry state, weSHOULD be able to open carry.

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Open carry is not unlawful in North Carolina - I and John and lots of others did so extensively in NC in 2006 going to, at, and from, the Gun Rights Policy Conference in Charlotte - no problems at all, not even at the local WalMart while buying supplies for the OpenCarry.org reception.

NC is very close to being a Gold Star open carry state - the only problem is that localities are still permitted significant the power to ban gun carry in parks and governmental buioldings. I think that the park carry bans are vulnerable to attack under State v. Kerner.

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Gold Star would be awesome!!!!!!!!!!!!!!!!!!

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Not sure how to get started with OC here:?

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murf26 wrote:

Not sure how to get started with OC here:?

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Guess I just have the willies about starting...

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in transylvania co. i can only find ordinances against carring concealed but i know there are signs in the parks, i have to read them and see if they state no weapons. i did read some were that u can't carry into an establishment that sells and consumes alcohol(i.e. resturants , bars). what about national forests and state forests?

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I am new to the forums but have been around guns all my life. I would enjoy to go to a meeting/get together in the Asheville area - keep my name on a list if it happens

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I live in Waynesville i would be intrested.

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murf26 wrote:

Not sure how to get started with OC here:?

Click to expand...

First, you holster your weapon.

Next, you walk out the door.

Finally, you come home and collapse from the uneventfullness of the experience.



In the words of a famous corporate giant, "Just do it!"

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I live in Cullowhee and work in Cashiers. I would be interested in an OC get together.

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I have no problems at all with OC here in Boone. Murf, just whip it out, strap it on your hip, and be a proud American!! Spruce Pine is just down the road. The mountains are not really the wild west any more, but you sure can OC here......... :celebrate

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lots of liberals here in brevard . a lady in the grocery store over heard us talking shop about a new pistol and she said openly she was afraid and wished she had not heard the conversation. what she did not know was that 3 out of 4 persons were carrying concealed. stupid huh. i would love to get to geather. i was in GA this week end and i like the carry laws there except for the open carry u gatta have a permit. you can carry anyplace. the bmw rally i went to everyboby had a gun, mostly CCWP.
we all will have to drive to get to geather so any suggestions on city parks with open carry for a cook out, or something.

jim

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just be sure and stay off the Blue Ridge Parkway, even with a CCW permit. There's a law pending to modify that, but so far no joy.

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yep i know, lot( i know of two) of people have gotten gun taken at dui checks on the parkway, they told the officer(by law) that they had a ccw in the car and got them taken(just driving though). i travel the BRP on bikes i always carry(i don't tell when i am stoped). i got robbed up there, b&E on vehicle and the sheriff did nothing. park rangers said bad luck, never caught the guy. friend of mine brevard college student was assaulted near BLack balsum nob. nothing ever came of that either, never caught the guy, couldn't prove it was him except her word. sheiff said you are a girl you should not be out there.(hiking). i love it(sarcastic) how our laws protect the unlawful and blame the victom. i have writen the statesman on the parks gun laws, just about all i can do.
with the election, i look for there to be a ban by the goverment in all national forest aswell to keep the law about the parks. i also see that the concealment of guns are on obama's agenda because of what he said in PA. i don't recreate in the NC much anymore because of the laws i travel to other states. with laws like they are, nc should private develop the forests(not really for this but i don't use the forests, criminal protection zones).

jim

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Hey now....I'm one of those hardcore liberals and I love my handguns.
I'm definitely interested in knowing how legal or illegal it is to open-carry my .45 while hiking in Pisgah or Nantahala. There have been just far too many murders in the forests around here to subject my girlfriend and myself to the mercy of one of those predators.

45disco wrote:

lots of liberals here in brevard . a lady in the grocery store over heard us talking shop about a new pistol and she said openly she was afraid and wished she had not heard the conversation. what she did not know was that 3 out of 4 persons were carrying concealed. stupid huh. i would love to get to geather. i was in GA this week end and i like the carry laws there except for the open carry u gatta have a permit. you can carry anyplace. the bmw rally i went to everyboby had a gun, mostly CCWP.
we all will have to drive to get to geather so any suggestions on city parks with open carry for a cook out, or something.

jim

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And just so you know, I'm one of those liberals who believes we shouldn't have to apply for a permit to conceal and carry.
If we aren't allowed to open carry in the forests, I would definitely stick my .45 in my backpack and just keep my mouth shut.