Results 1 to 6 of 6

Thread: Terror to the Public

  1. #1
    Regular Member
    Join Date
    Apr 2009
    Location
    Greensboro, North Carolina, USA
    Posts
    70

    Post imported post

    Greetings all,

    I am new to the forum and posted a letter of topic dealing with Terror to the public law and posted it in the wrong place. It is in the "Why Carry" heading. I live in Greensboro area and would like any input from people in NC. Sorry for posting in the wrong area, so forgive me.

    Thank you for your time!



    Semper Fi!

  2. #2
    Regular Member
    Join Date
    Jul 2008
    Location
    Charlotte, North Carolina, USA
    Posts
    678

    Post imported post

    replied

  3. #3
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    "Terror to teh Public" apparently remains a theoretically chargeable common law crime - generally, most states have moved away from common law crimes compeltely, but of course it has been said that there are some exceptions int eh law.

    Here is a recent case of charging someone with terror to the public - looks like the conduct was fairly extreme

    --

    Barringer v. Caldwell County Bd. of Educ.
    123 N.C.App. 373, 473 S.E.2d 435
    N.C.App.,1996.



    Pertinent factual and procedural background is as follows: At approximately 12:28 a.m. on 20 March 1993, petitioner began approaching the entrance of Pat's Pool Room (the pool room), located in Hickory, N.C., armed with a 12-gauge, short barrel, pump shot gun, fully loaded with one shell in the chamber. Three shells, known as “fleschette” or anti-personnel shells, contained small metal arrows as opposed to pellets. In his waistband, petitioner also carried a loaded .38 caliber pistol partially covered by his jacket.

    Two Hickory Police Department officers were among the 60-100 persons present within the pool room premises. The officers observed a number of patrons suddenly vacate the front door area screaming that someone was outside armed with a gun. Opening the front door, the two observed petitioner facing the entrance approximately three or four feet away, holding the shotgun so that the barrel was pointing in the general direction of the door. The officers ordered petitioner to put the gun down; after several requests, he ultimately complied. He then placed his hands above his head, and was approached by the two police officers who removed the handgun from his waistband.

    When asked what he was doing at that location, petitioner replied he was “looking for a friend.” Upon an officer's further inquiry, “[W]hy, to show him the gun?”, petitioner responded “no, to show him the bullets.”

    Petitioner was then arrested and charged with going armed to the style="BACKGROUND-COLOR: #ffff00"terror of the style="BACKGROUND-COLOR: #ffff00"public and carrying a concealed weapon. He subsequently pled guilty to first degree trespass and received a six months sentence, suspended upon three years supervised probation.

  4. #4
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    In any event, only 4 cases mentioning "terror to the public" come up in WestLaw for NC and none regard convictions for "terror to the public."

    SNIP

    1. In re May,
    357 N.C. 423, 584 S.E.2d 271, N.C., August 22, 2003 (NO. 566A02)

    ...defined at common law as a fight between two or more persons in a public place so as to cause terror to the public. [2] 110 Criminal Law 110V Miscellaneous Crimes 110k 45 15 k. Affray. For the purpose of establishing the “public place” element...

    ...and who are subject to the terror of the altercation, the establishment of the third essential element of affray, that terror to the public occurred, satisfies the second element that the fight happened in a “public place.” [5] 211 Infants 211VIII Dependent, Neglected, and...

    ...211k 153 k. Delinquency; Violation of Law. Evidence was insufficient to establish that altercation between juvenile and second juvenile caused terror to the public, as required to establish the offense of affray during delinquency proceeding; altercation was not witnessed by members of the public......


    --------------------------------------------------------------------------------

    2. Barringer v. Caldwell County Bd. of Educ.,
    123 N.C.App. 373, 473 S.E.2d 435, 111 Ed. Law Rep. 994, N.C.App., August 06, 1996 (NO. COA94-962)

    ...gun?” , petitioner responded “no, to show him the bullets.” Petitioner was then arrested and charged with going armed to the terror of the public and carrying a concealed weapon. He subsequently pled guilty to first degree trespass and received a six months sentence, suspended......


    --------------------------------------------------------------------------------

    3. State v. Bethea,
    71 N.C.App. 125, 321 S.E.2d 520, N.C.App., November 06, 1984 (NO. 8326SC1153)

    ...In General. Evidence that police officer was about to arrest defendant for common-law offense of going armed to the terror of the public was sufficient to support finding that defendant's subsequent assault on officer was for purpose of preventing a lawful arrest as...

    ...at trial that he was going to arrest the defendant for the common law offense of going armed to the terror of the public. In order for the arrest to be lawful, the officer must believe the defendant has committed a criminal offense in......


    --------------------------------------------------------------------------------

    4. State v. Allen,
    4 Hawks 356, 11 N.C. 356, 1826 WL 240, N.C., June Term 1826

    ...k. Unlawful Act. Where two persons fought in a private place, so as not to constitute an affray, as a terror to the public, one or both may be convicted of assault and battery. 110 Criminal Law 110V Miscellaneous Crimes 110k 45 15 k......


  5. #5
    Regular Member
    Join Date
    Apr 2009
    Location
    Greensboro, North Carolina, USA
    Posts
    70

    Post imported post

    I would like to say thank you for your answers. I appreciate all of you taking time to help me out. These have been helpful in putting to rest this question. I look forward to reading as much as I can from this site and learing more!

    Semper Fi!

  6. #6
    Regular Member
    Join Date
    Apr 2009
    Location
    Triangle Area, North Carolina, USA
    Posts
    17

    Post imported post

    Since "Going Armed.." is a common law offense there is no statute to read. Given that, there is a lot of misinformation about what the offense covers and what it does not.

    NC Crimes, the book used in BLET to teach criminal law, used by law enforcement agencies, and used by magistrates lists the elements of the offense to be (paraphrased by me)

    1- Go about on public highways

    2- Armed with an unusual or dangerous weapon (a gun qualifies)

    3- With the intent to terrorize others



    Intent can be proved by action or statement of the defendant, but under no circumstances would carrying a holstered handgun while going about one's business and not actively threatening to use the weapon by word or deed meet the elements of the offense.



Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •