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Thread: North Carolina Flyer

  1. #1
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    I have been working recently on a information flyer for North Carolina. In the same format as the flyers here from other states. I have finished my work on the "outside" page. I hope you will take a look at it and let me know of any error or omissions you find.



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    Not sure how many hairs you want to split here. There is not much room on a flyer but 2 things stand out.

    Cary, you cannot OC on public property, Public sidewalks, roads, or parking lots, parks and greenways. You can OC on private property, ie businesses.

    Chapel Hill- The only restriction to OC is that you cannot OC an easily concealed handgun, less than 6" length.

    Cary page

    http://www.townofcary.org/Department...wn_of_Cary.htm

    Chapel Hill

    http://library.municode.com/index.as...rth%20Carolina

    scroll down to sec 11-134

    Like I said your call, there's not a lot of room. Good stuff so far.

  3. #3
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    How about this?




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    THAT IS BLOODY PERFECT!

    Great for a street team!

    I'll do my part, with your permission, to print these up and start leaving them around the place.

    I think, perhaps here:
    Can I just “Carry it”?
    In North Carolina ( except for restrictions in the
    towns of Cary1 and Chapel Hill2 ) one may openly
    carry a handgun in plain sight (holstered, of course)
    with no license or permit.
    or here:

    Do I have to Register my Handgun?
    With the exception of Durham County, North
    Carolina does not require firearm registration, nor is
    it necessary to obtain a concealed handgun permit
    (CHP) before carrying a firearm or other such
    weapon openly about the person except where
    prohibited by statute.
    It should be quickly noted that there are no statutes that generally prohibit open carrying. I think that plus what you already mentioned will be rock solid.

  5. #5
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    I love what you have.

    To go on what was said before me, OC may be restricted by local Ordinance, not Statute. This may be enforced, but has very few exceptions where it is allowed do to state preemption.


    If you find room, you could include:
    State v Huntley: OC is not GAttTOtP

    State v Kerner: OC is not reason for a stop and requires no permit

  6. #6
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    I'll do my part, with your permission, to print these up and start leaving them around the place.

    Sure thing. But wait until I get the other side finished. then you will have a complete flyer instead of 1/2.

  7. #7
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    OK. Check out what I have so far for the inside of the brochure. Theres still space on the right pane but I don't know what should go there. Any suggestions?



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    Hi - I'm not sure how to go about getting better information out there, but the pdf from the AG seems be have a bit of an anti slant to it. Their paragraph on GAttTotP is particularly inflammatory since it leaves one with the impression that simply carrying a gun in "the wrong place" could be encompassed by this charge. Since this is an open carry advocacy flier, I think that it may be more harmful than helpful. I long took that pdf as gospel before doing my own reading and research.

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    chiefjason wrote:
    Not sure how many hairs you want to split here. There is not much room on a flyer but 2 things stand out.

    Cary, you cannot OC on public property, Public sidewalks, roads, or parking lots, parks and greenways. You can OC on private property, ie businesses.

    Chapel Hill- The only restriction to OC is that you cannot OC an easily concealed handgun, less than 6" length.

    Cary page

    http://www.townofcary.org/Department...wn_of_Cary.htm

    Chapel Hill

    http://library.municode.com/index.as...rth%20Carolina

    scroll down to sec 11-134

    Like I said your call, there's not a lot of room. Good stuff so far.
    Seems I recall that someone said Cary's restriction is preempted, but I had not luck with the search function trying to find the posts. Can anyone help me out with finding it? I recall a thread about it being unenforceable regarding sidewalks, streets, etc. but not greenways and parks.

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    Scrub wrote:
    chiefjason wrote:
    Not sure how many hairs you want to split here. There is not much room on a flyer but 2 things stand out.

    Cary, you cannot OC on public property, Public sidewalks, roads, or parking lots, parks and greenways. You can OC on private property, ie businesses.

    Chapel Hill- The only restriction to OC is that you cannot OC an easily concealed handgun, less than 6" length.

    Cary page

    http://www.townofcary.org/Department...wn_of_Cary.htm

    Chapel Hill

    http://library.municode.com/index.as...rth%20Carolina

    scroll down to sec 11-134

    Like I said your call, there's not a lot of room. Good stuff so far.
    Seems I recall that someone said Cary's restriction is preempted, but I had not luck with the search function trying to find the posts.* Can anyone help me out with finding it?* I recall a thread about it being unenforceable regarding sidewalks, streets, etc. but not greenways and parks.
    That was me. The CC part was against the state uniformity code for CC. I got them to change that for CC on sidewalks and roads. Unfortunately it will take a lawyer and a lawsuit to change the OC ordinance. Depending on how you read it, it seems that the state gives them the authority to restrict the "display" of firearms on streets and sidewalks. My feeling is display leans more towards brandishing than OC, but I don't get to make the rules.

    For some reason I cannot track down the GS code that they are using to do this. But in the process found something kind of interesting. I'll post that separately.

    Ruger, you CAN CC on sidewalks and roads in Cary. Check the link I posted earlier and read it carefully. Also, please cite the codes at the ends of footnotes 1 and 2.

    Cary is Sec 22-51

    Chapel Hill is Sec 11-134

    Looking good!!!!

  11. #11
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    I added those ordinance numbers to the footnotes for you, Chief.





    Whadaya sayin OpenCarry? Should I edit the GATOP paragraph?

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    CarryOpen wrote:
    ...it leaves one with the impression that simply carrying a gun in "the wrong place" could be encompassed by this charge. .
    It has always been that way. There's always one rookie or anti police officer that lectures you that he could take you to jail for GATOP if he wanted to. I don't know if it is out of ignorance or just some badges like to bully people.

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    Ruger - I think the paragraph is fine, I just don't like the AG link at the end of the flier because I don't feel that it is 100% accurate information. I know it's one of the most concise references available to us, I just don't like the fact that they are distorting the truth.

  14. #14
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    JDriver mentioned this earlier.

    Look into State v Huntley if you have not already. It covers GATTTOTP very well.

    http://www.guncite.com/court/state/25nc418.html

    Might be worth working into it. Since that is the most likely comment you will run into with folks. "What about that going armed to the terror thing?"

    :P

    Nevermind, I should have opened it first. Looking good still!

  15. #15
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    I got State V. Huntley referenced on there. I'll remove the AG link.

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    CarryOpen wrote:
    Hi - I'm not sure how to go about getting better information out there, but the pdf from the AG seems be have a bit of an anti slant to it. Their paragraph on GAttTotP is particularly inflammatory since it leaves one with the impression that simply carrying a gun in "the wrong place" could be encompassed by this charge. Since this is an open carry advocacy flier, I think that it may be more harmful than helpful. I long took that pdf as gospel before doing my own reading and research.
    I think the intent of the AG's message regarding GAttTotP was a fair and honest warning. Same for how the AG talks about concealment of a firearm in a car. Different situations have different factors for different reasons and depending on how the combinations mesh together, you may get charged, tried, convicted, or none of these things.

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    You may be right that it has a good intent. I think that the effect of it is pretty clear though - most people who read that pdf come away with the idea that "you can open carry, but if someone calls the cops..." That's how I took it, that seemed to be how our city Mayor took it when he replied to me and it's how I always see people on other forums and around NC quoting it. The problem that I have is that the document clearly references the case law saying that a gun is an unusual and dangerous weapon, but it blatently leaves out the part that unusual and dangerous is only one part of the test.

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    Can you link me to the local statute about Durham firearm registration? I managed to miss that before.

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    The only thing I see for page one is under the "what about buying a gun" section, in NC it is a concealed Handgun permit, not a concealed Weapon permit.

    Otherwise, I think it is absolutely fantastic.



  21. #21
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    I'll fix it ASAP.



  22. #22
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    Now it is perfect.

    That is some great work you did there.

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    Ruger et. al. - can someone give me the statute that allows Durham county to require registration? I haven't been able to find it.

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    CarryOpen wrote:
    Ruger et. al. - can someone give me the statute that allows Durham county to require registration? I haven't been able to find it.
    I haven't been able to find any reference to it anywhere on the county website. You might email the sheriffs dept and inquire: http://www.durhamcountync.gov/departments/shrf/


    Here's an article from WRAL. http://www.wral.com/news/local/story/149963/

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