Johnston-Wake COPTF
Regular Member
imported post
You know Dre. I don't even do even talk to my wife this much )
Localities are preempted, however, they are permitted toenact ordinancesin regards to specific laws covered under 153A-129 and Chapter 14, Article 36A.
While I make this point I AM NOT GIVING YOU ANY LEGAL ADVICE, IN ANY MANNER, AT ANY TIME...if I was defending you in court for carrying a weapon into an establishment and you possessed a license to conceal a firearm, I would argue that you exempted from the provisions of 14-269. The laws contradict themselves and in this case the law is very specific. If a law is ineffective due to preempted law, the ineffective law is Null and Void.
As far as open carry being legal because there is no law, I agree with you, and I have made that statement several times before. However, several people on this site and some police officers feel that it is not legal because there is no law. I have always stood behind my point that if it is not a law then it is by virtue legal. (And I know we burried the hatchetDre BUT you were the one who told me that I was wrong!) However, the amendments to the laws would define open carry to a point that could not be interpreted in any other way than a LEGAL act; and, the amendments remove restrictions on concealed carry. Kills two birds with one stone.
The point to the amendments are to: (1) have the same rights for open carry and concealed carry, (2) provide a concrete legal definition ofopen carry, and (3) allow firearms to be carried into restaurants, bars, movie theaters, stadiums, at parades, funerals, etc...
Is there a topic I didn't cover, or anything you don't agree with?
You know Dre. I don't even do even talk to my wife this much )
Localities are preempted, however, they are permitted toenact ordinancesin regards to specific laws covered under 153A-129 and Chapter 14, Article 36A.
While I make this point I AM NOT GIVING YOU ANY LEGAL ADVICE, IN ANY MANNER, AT ANY TIME...if I was defending you in court for carrying a weapon into an establishment and you possessed a license to conceal a firearm, I would argue that you exempted from the provisions of 14-269. The laws contradict themselves and in this case the law is very specific. If a law is ineffective due to preempted law, the ineffective law is Null and Void.
As far as open carry being legal because there is no law, I agree with you, and I have made that statement several times before. However, several people on this site and some police officers feel that it is not legal because there is no law. I have always stood behind my point that if it is not a law then it is by virtue legal. (And I know we burried the hatchetDre BUT you were the one who told me that I was wrong!) However, the amendments to the laws would define open carry to a point that could not be interpreted in any other way than a LEGAL act; and, the amendments remove restrictions on concealed carry. Kills two birds with one stone.
The point to the amendments are to: (1) have the same rights for open carry and concealed carry, (2) provide a concrete legal definition ofopen carry, and (3) allow firearms to be carried into restaurants, bars, movie theaters, stadiums, at parades, funerals, etc...
Is there a topic I didn't cover, or anything you don't agree with?