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Thread: im new to north carolina

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    i have a florida ccl and would like to know the open carry laws in hoke and cumberland county if anyone knows of where i can find that info i would be greatful

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    krulewicz18 wrote:
    i have a florida ccl and would like to know the open carry laws in hoke and cumberland county if anyone knows of where i can find that info i would be greatful
    You can OC anywhere firearms are not specifically prohibited. No carry of any kind at - schools, federal or state property, anywhere admission is charged, anywhere alcohol is served for consumption on premises (ie. applebees = no, but grocery store = ok), public events, or anywhere that posts a conspicuous sign at the entrance.

    See - http://handgunlaw.us/states/northcarolina.pdf

    The only CC law that doesn't apply to OC is in financial institutions - you can OC but not CC in banks.

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    thanks for the reply what about the carry to the terror of the public law what is that and can you go to jail because so
    body does not like you carrying a gun

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    Lets start off with open carry is not legal in NC, there’s just is no law against it. Unlike say AL where the laws says you can open carry. Anda lot of LEO's use Going Armed to the Terror of the Public as a fall back charge. All it takes is for 1 person to call and complain for you to be arrested. My understanding not many people get convicted of it because of the 4 conditions that have to be met. If I’m not mistaken it gets busted down to trespassing charge.


    Going Armed to the Terror of the Public
    This is a common law offense (272 N.C. 535; 32 N.C. App 495).

    A person guilty of this offense

    (1) arms himself or herself with unusual and dangerous weapons (firearm)

    (2) for the purpose of terrifying others

    (3) and goes about on public highways

    (4) in a manner to cause terror to others.

    In order to be charged, all four conditions need to be met.



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    The charge will never stick because of those 4 things, so I wouldn't worry about it. I've never personally heard of it happening, cops just throw it around as a scare tactic because there's absolutely nothing legitimate they could charge you with for legally OC'ing.

    You can, and maybe even will, be asked to leave a business. If you don't, then they can charge you with trespassing, but you're not going to get that just for OC'ing somewhere that's not posted.

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    ive heard of it being charged about 4 times... every one of those was in addition to multiple other violent charges...

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    I consider the GATTTOTP charge to be an add on charge. They stick it onto other offenses, as Mekender said. It gets kicked around as a stand alone charge, but I have not seen that happen.

    The public events clause is kind of misleading. Only carry at the specified events is prohibited in the scope of permit, not all public events. Although you would have to be aware of the property the event was on.

    As far as the legality of OC. Though not specifically legal it was upheld by the NC Supreme Court as legal per section 30 of the NC Constitution.

    State v Kerner

    http://www.cs.cmu.edu/afs/cs/usr/wba...e_v_kerner.txt

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    fenderfreek wrote:
    krulewicz18 wrote:
    i have a florida ccl and would like to know the open carry laws in hoke and cumberland county if anyone knows of where i can find that info i would be greatful
    See - http://handgunlaw.us/states/northcarolina.pdf

    The only CC law that doesn't apply to OC is in financial institutions - you can OC but not CC in banks.
    Well, banks, and police stations. You can OC in police stations, but not CC. However, since police stations are often exclusively in city-owned property, the other NC OC/CC caveat applies.


    Other Caveat:

    NC has a pre-emption law that lets you use your CC permit anywhere not prohibited by state law; but it has an exception. The exception is that any municipality can regulate firearms on public property, parks, and roads.

    For practical purposes, you need to check with your local community before you open carry while walking down the road or sidewalk, and before you carry (concealed or open) onto city property, or in any parks.

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    Redwolf wrote:
    Lets start off with open carry is not legal in NC, there’s just is no law against it.
    Laws prohibit, not permit.

    That's universal throughout the U.S.

    Unless there is a law specifically PROHIBITING something, it is 100% legal.
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    wylde007 wrote:
    Redwolf wrote:
    Lets start off with open carry is not legal in NC, there’s just is no law against it.
    Laws prohibit, not permit.

    That's universal throughout the U.S.

    Unless there is a law specifically PROHIBITING something, it is 100% legal.
    As I stated above AL law says you can open carry, and FL law says no. NC does not address the issue. Most laws dont just prohibit they regulate what you can and can't do. The reason I say that is becouse the town I came from in AL, there is no law agaist dischargeing a firearm within the city limits. Ask the LEO's there and they will will tell you they don't need one because theres other laws they can use. but if the law said you could then they couldn't use the other laws against you.

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    Regulation is a "prohibitive" control.

    In my vernacular they are interchangeable.

    VA law doesn't say you can open carry. It simply does not say that you can. It's an all-too common occurrence for people to think that they can't do something unless there is a law granting permission.

    There may be no law against discharge of a firearm within city limits. Unless in a secure facility, if I was to wager a guess then I would have to go with reckless endangerment or creating a public disturbance as the "other" charges they could levy.

    It would still be up to them to prove. Innocent until proven guilty.

    At least that's the way it is supposed to work.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

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    Are rest stops on the Interstate considered state property? Can you OC on the rest stop property?

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    Yes. and Yes. see exception #5

    14‑269.4. Weapons on State property and in courthouses.
    It shall be unlawful for any person to possess, or carry, whether openly or concealed, any deadly weapon, not used solely for instructional or officially sanctioned ceremonial purposes in the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or on the grounds of any of these buildings, and in any building housing any court of the General Court of Justice. If a court is housed in a building containing nonpublic uses in addition to the court, then this prohibition shall apply only to that portion of the building used for court purposes while the building is being used for court purposes.
    This section shall not apply to:
    (1) Repealed by S.L. 1997‑238, s. 3, effective June 27, 1997,
    (1a) A person exempted by the provisions of G.S. 14‑269(b),
    (2) through (4) Repealed by S.L. 1997‑238, s. 3, effective June 27, 1997,
    (4a) Any person in a building housing a court of the General Court of Justice in possession of a weapon for evidentiary purposes, to deliver it to a law‑enforcement agency, or for purposes of registration,
    (4b) Any district court judge or superior court judge who carries or possesses a concealed handgun in a building housing a court of the General Court of Justice if the judge is in the building to discharge his or her official duties and the judge has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24,
    (4c) Firearms in a courthouse, carried by detention officers employed by and authorized by the sheriff to carry firearms,
    (5) State‑owned rest areas, rest stops along the highways, and State‑owned hunting and fishing reservations.
    Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor. (1981, c. 646; 1987, c. 820, s. 1; 1993, c. 539, s. 166; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑238, s. 3; 2007‑412, s. 1; 2007‑474, s. 1.)

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    krulewicz18 wrote:
    i have a florida ccl and would like to know the open carry laws in hoke and cumberland county if anyone knows of where i can find that info i would be greatful
    Welcome to the area.

    One of the main things is to remember to be careful around Ft. Bragg and Pope. Not all federal land is fenced in.

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