North Carolina status upgraded to "Gold Star Open Carry State"

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See map at http://www.opencarry.org/opencarry.htmlandand click on the new definitions, notably, the replacement of the old "anomalous open carry state" category with "Open Carry Frendly State" where "Opencarry [is] permitted by state law without license, but either lacks preemption or does not allow unlicensed open carry inside a vehicle."

As for North Carolina, OpenCarry.org is of the view that "generally preempted" applies to North Carolina as the state preemption law, though weak, when read in concert with State v. Kerner, does not permit localities to ban the open carry of military (i.e., normal) sized handguns on streets, sidewalks and private businessesso basically open carriers can get around the state, even if they have to watch out for possible local open carry bans in parks, city buildings, and municipal parking lots.

Talking points everyone should know and use when talking about open carry, i.e., the practice of carrying holstered unconcealed functional handguns (functionality includes being loaded):

• 42 states permit open carry in public
• 26 states require no license to open carry
• Only 7 states ban open carry in public
• California allows open carry in many or most parts of rural areas, but figuring out precisely where it is banned (i.e., that guns must be unloaded) is so difficult that as a practical matter, open carry is not a realistic option.
  
  
  

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Congrats, my southern neighbor!

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been waiting for this a long time. Still have a long way to go. Full preemtion, elimination of purchase permits, and restaurant carry just for starters.

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Could someone explain to me exactly how/why NC has been given "gold" status? Is it simply because there is no law on the books specifically preventing open carry or has something changed recently?

Although there is no law that says you can't open carry, in general NC residents don't feel the state is particularly friendly to open carry. There is also that whole "going armed to the terror of the public" thing which could land an open carrier in some hot water if he runs across the wrong soccer mom and cop.

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Evil Drew M wrote:

Could someone explain to me exactly how/why NC has been given "gold" status? Is it simply because there is no law on the books specifically preventing open carry . . . ?

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well, yeah, thats how the other states gold status, but seriously - NC is one of the few states with valid case law on the books saying the state cannot require a permit to open carry - State v. Kerner.

A case like that is Gold!

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I was certain I would never see a State turn gold. I'm proud to eat my words.

Maybe there really is hope left for this country. It certainly isn't coming for those who campaign under the word....

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Good job, guys!

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Curious...what would PA need to do to be considered Gold Star?

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way to go tarheel!!!!!

now if you can do away with the purchase permits you will have it made. I always hated that about that place

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mrjam2jab wrote:

Curious...what would PA need to do to be considered Gold Star?

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Repeal the LTCF requirement to open carry in vehicles and Philadelphia.

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Mike wrote:

mrjam2jab wrote:

Curious...what would PA need to do to be considered Gold Star?

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Repeal the LTCF requirement to open carry in vehicles and Philadelphia.

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Vehicle....possible...Philly requirement...I dont see that one happening...

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I thought the thing keeping NC from being gold was that Chapel Hill had a grandfathered OC ban. So does this court case overturn that ban? lf not NC is no different from Colorado or West Virginia.

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Virginian683 wrote:

I thought the thing keeping NC from being gold was that Chapel Hill had a grandfathered OC ban. So does this court case overturn that ban? lf not NC is no different from Colorado or West Virginia.

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Cary has the OC ban on city owned property, sidewalks, roads, etc. Chapel Hill has a size restriction. NC does allow cities and counties to restrict firearms on property owned or controled by them. But state law is in effect on all private property. Most cities do not address the issue though, just follow state law.

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Virginian683 wrote:

I thought the thing keeping NC from being gold was that Chapel Hill had a grandfathered OC ban.

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They do not have a grandfathered open carry ban. They have a gun size minimum, which appears lawful under State v. Kerner.

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chiefjason wrote:

Virginian683 wrote:

I thought the thing keeping NC from being gold was that Chapel Hill had a grandfathered OC ban. So does this court case overturn that ban? lf not NC is no different from Colorado or West Virginia.

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Cary has the OC ban on city owned property, sidewalks, roads, etc. Chapel Hill has a size restriction. NC does allow cities and counties to restrict firearms on property owned or controled by them. But state law is in effect on all private property. Most cities do not address the issue though, just follow state law.

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The city of Cary's ban on sidewalks and roads is not enforceable, see State v. Kerner, and is not being enforced as open carriers have crried there without incident.

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Thanks for the clarification.

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As a resident of NC, and a holder of a current CHP, I'm glad to see that NC is recognized as a "gold star state" with regards to concealed carry.

However, I don't know if I agree. We still have an absolute "restaurant ban" here in NC (open AND concealed), and Cary and Chapel Hill still have some wonky laws with regards to handguns.

Also, we still have the antiquated, racist "handgun purchase permit" system in place here, which I find egregiously offensive, and morally indefensible in the 21st Century. I mean, I was under the assumption that Jim Crow was laid to rest in the 1950's.

If NC overturned the "restaurant ban" and went to a law more like PA, I would be MUCH happier, and it would make going out to dinner with my wife and stepdaughters a LOT less complicated...

And if we got rid of the racist "handgun purchase permit" system, it would be one HUGE step toward reconciling the centuries of racial bigotry that the Southern states are so well known for. Frankly I find it to be an embarrassment, and morally and ethically offensive., and I'm white. I can't even begin to imagine how it makes my brothers and sisters of color feel...

But all that stuff aside, NC is WAY better than the People's Republic of Maryland, where we used to live, when it comes to firearms issues.

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Dreamer wrote:

As a resident of NC, and a holder of a current CHP, I'm glad to see that NC is recognized as a "gold star state" with regards to concealed carry.

However, I don't know if I agree. We still have an absolute "restaurant ban" here in NC (open AND concealed), and Cary and Chapel Hill still have some wonky laws with regards to handguns.

Also, we still have the antiquated, racist "handgun purchase permit" system in place here, which I find egregiously offensive, and morally indefensible in the 21st Century. I mean, I was under the assumption that Jim Crow was laid to rest in the 1950's.

If NC overturned the "restaurant ban" and went to a law more like PA, I would be MUCH happier, and it would make going out to dinner with my wife and stepdaughters a LOT less complicated...

And if we got rid of the racist "handgun purchase permit" system, it would be one HUGE step toward reconciling the centuries of racial bigotry that the Southern states are so well known for. Frankly I find it to be an embarrassment, and morally and ethically offensive., and I'm white. I can't even begin to imagine how it makes my brothers and sisters of color feel...

But all that stuff aside, NC is WAY better than the People's Republic of Maryland, where we used to live, when it comes to firearms issues.

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Dreamer, could you cite the statue for the highlighted comments in your post? The only off limit restaurantsthat I am aware ofare those which sell and serve alcohol. Also I did not know that certain races were banned or preferred in handgun purchase permits, would you cite that statue also?

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By not allowing carry in restraunts that sell alcohol for consumption on the premisses, we are limited to very few eating establishments.

As far as the purchase permits; Their origin was as a way to keep african americans and other 'lesser' people from acquiring firearms during the Jim Crow era. Now it is just a $5 fee for a background check.

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IIRC, the $5 permit fee was something like 2-3% of an average persons annual wage when it was enacted way back in the 1910's. I did the math a while back and came up with something like that.

Imagine today that they had adjusted it for inflation was $1000 to $1500. That would put it WAY out of reach for the poor. At the time of enactment, the poor consisted mostly of blacks and blue collar whites.