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More stature support for OC in NC

Dreamer

Dreamer

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I picked up my new Mossberg 500 today (Yeah, I know it's a shotgun, and not really on-topic, but hear me out on this one...) and while i was filling out the paperwork (which I ALWAYS read) I noticed the following phrase in the mandatory "safety and storage form" that they require you to sigh here in NC:
NC General Statute 14-315.1 STORAGE OF FIREARMS TO PROTECT MINORS.

(b) Nothing in this section shall prohibit a person from carrying a firearm on his or her body, or placed in such close proximity hat it can be used as easily and quickly as if carried on the body.
​
We could probably use that one as a defense against OC harassment...
 
A

Adam H

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Safe storage form? I've never had to fill out any paperwork other than the 4473. Weird. I've also never read any law that says dealers are required to have you sign a form. It does say they have post a sign saying it's illegal to leave firearm accessible to a minor.

Maybe that store's just doing that to cover themselves?
 
Dreamer

Dreamer

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No, that's the form I'm talking about--the thing about keeping a gun from being accessed by minors. Next time you sign one, read the top half...
 
D

DreQo

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That just clarifies that carrying around a minor doesn't violate that specific law. It doesn't say anything about open carry either way.
 
A

Adam H

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Concord, North Carolina, United States
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The 4473 is the yellow ATF form. I've read it before. There's nothing in there about storing the gun away from minors.

§ 14‑315.2. Warning upon sale or transfer of firearm to protect minor.
(a) Upon the retail commercial sale or transfer of any firearm, the seller or transferor shall deliver a written copy of G.S. 14‑315.1 to the purchaser or transferee.
(b) Any retail or wholesale store, shop, or sales outlet that sells firearms shall conspicuously post at each purchase counter the following warning in block letters not less than one inch in height the phrase: "IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM THAT CAN BE DISCHARGED IN A MANNER THAT A REASONABLE PERSON SHOULD KNOW IS ACCESSIBLE TO A MINOR."
(c) A violation of subsection (a) or (b) of this section is a Class 1 misdemeanor.
Click to expand...

All they have to do is give you a written copy of the statute. They don't have to make you sign it. The store is just covering themselves.
 
N

NCjones

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Oct 6, 2009
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Goldsboro, , USA
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Dreamer wrote:
PROTECT MINORS.

(b) Nothing in this section shall prohibit a person from carrying a firearm on his or her body, or placed in such close proximity hat it can be used as easily and quickly as if carried on the body.
We could probably use that one as a defense against OC harassment...
Click to expand...
it doesn't say that you CAN carry. It simply states that nothing in this section prohibits it. You're back to the old OC situation where nothing in the NC statute prohibits OC, but there is no law specifically allowing it, so it is assumed to be legal.

The "protect minors" statute is very narrow and focused. I doubt it would even be considered relevant in an OC or GATTOTP case.
 
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