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Thread: Citing of open carry being legal in NC

  1. #1
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    A friend's sister was trying to tell me last night "I asked a cop and you can't do that in NC. You need a permit" I told her shewas wrong and she asked for proof. I'm headed home in a few hours and need to find this for her before I leave. She has stated she doesn't want to do it without knowing for sure it's legal so I figured I'd humour her. Thanks.

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    As a person that open carries on a regular basis, and have done so in the presence of law enforcement officers and during having casual conversation (asking question about a different issue), I can speak on the legality of open carry.

    Depending on where she is from, there may be other restrictrions, Cary for instance, that makes it a little more difficult to open carry, but there is no law against it. The primary proof of that, is the fact that Cary has instituted a law or policy about not being about to open carry on city property. If open carry was illegal, they would not have had to do that, as the law would state that it was illegal to do so anyway.

    Everyone has always said, you do not ask a cop about the law. Especially gun laws about open carry. Many departments do not train their officers about open carry, though there are some that are well versed and all for it. In past posts, I witnessed and assisted in an accident while open carrying the entire time. There was a state trooper and a city officer on site that made it a point to know they saw my weapon. I was actually told that they wished more responsible people would carry, it would make their jobs easier.

    Depending on where she is from, maybe she would like to join some of us for our open carry dinner in the Triangle area. It is scheduled for every second saturday of the month. If she is further out, I know other areas also do the same thing. Maybe she will join one of theirs. The first thing about getting educated is to start associating with people that do it all the time.

    Get her to join this forum or just come out and look around. A lot of valuable information, as you already know.

    Hope this helps.

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    proud_to_serveUSAF wrote:
    A friend's sister was trying to tell me last night "I asked a cop and you can't do that in NC. You need a permit" I told her shewas wrong and she asked for proof. I'm headed home in a few hours and need to find this for her before I leave. She has stated she doesn't want to do it without knowing for sure it's legal so I figured I'd humour her. Thanks.
    Have her ask that cop to provide a reference to the statute that makes OC not legal. The law disallows acts, as opposed to allowing acts.

    Further, have them come to this website, and click on the map in the upper left corner.

    http://www.opencarry.org/nc.html

    NC is a "gold opencarry state."
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Moderator / Administrator Grapeshot's Avatar
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    Didn't Chapel Hill once have a law restricting the size of a carry gun?

    Where does that stand now? My google fu is drawing a blank.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Start with Sec 30 of the NC Constitution.

    Sec. 30. Militia and the right to bear arms.
    A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed; and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power. Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.

    Then they need to look at State v Kerner.

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

    You will not find anything making OC legal in NC, neither will you find anything making it illegal. Things that are not made illegal are by definition still legal.

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    Grapeshot wrote:
    Didn't Chapel Hill once have a law restricting the size of a carry gun?

    Where does that stand now? My google fu is drawing a blank.

    Yata hey
    They have a 6 inch standard - apparently the Glock compact somthing or other is still good to go so almodst every open cary handgun is going to be OK.

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    Chapel Hill's ordinace, makes it illegal to openly carry a "concealable" handgun.

    The best part is that their definition of a "concealable" handgun is one that is less than 6" from the rear-most part of the gun to the front-most (usually the muzzle)

    NOTE: the 6" is NOT the barrel length.

    If it would fit in a 6-inch by 6-inch box without placing it diagnally in the box, it can't be caried openly...

    go figure.





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    State Researcher .40 Cal's Avatar
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    Your friend's sister didn't really ask a cop, or at least didn't ask the right question. You will never find anywhere stating that it is legal or illegal to OC in the state of NC because the state follows the Constitution of the USA which explicitly prohibits the government from infringing upon to the right of the people to keep and bear arms.

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    .40 Cal wrote:
    Your friend's sister didn't really ask a cop, or at least didn't ask the right question. You will never find anywhere stating that it is legal or illegal to OC in the state of NC because the state follows the Constitution of the USA
    No, the NC constitution, see State v. Kerner.

  10. #10
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    So, I want to know, was any of this information actually given to this friend's sister?

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