imported post
i had this very same question as i am moving to one of the outlying counties around asheville this summer.
i emailed the BCSD regarding open carry and also enquired about madison county for the heck of it just to hear a response. i wanted to know what they think about it.
they fully admitted that open carry is legal. the basic response i got was open carry is legal (except where prohibited like schools, state/gov buildings etc) yet the public doesnt like it, will not like it and might call the law on you if you are open carrying. he wouldnt give an official stance about how the police feel, but did answer one of my questions with...'armed to the terror of the public is the norm' almost making it sound that if someone complains about you, they will charge you with this. then he back tracked and said...'it depends on the situation.'
so like anything i think it depends on which officer responds and how responsible and respectable you are. i hope to make an impression the transplant hippies in the asheville area when i move by open carrying as much as possible.
i'll copy and paste the correspondence i had with the police below:
Dear Asheville PD:
I will be moving to your area in the next few months. I will most likely be moving to Madison County and working in Asheville. I have a few questions about firearms law that I cannot find definitive answers to online.
1. I know North Carolina has a concealed carry pistol permit law. I also know there is no law banning the open carry of firearms in the state of North Carolina without a permit. I know firearms with permit or not are off limits at schools, government buildings, and any private buildings marked 'no guns.' I would like to know the laws in asheville and madison and buncombe counties for the OPEN CARRY of a firearm without a permit, as it appears to be legal in the state, however I hear a few localities have restricted it. I am aware of the common law statute that forbids one to go 'armed to the terror of the public' with odd or unusual weapons. Can you tell me of any specific laws or statutes that forbid open carry of firearms by a law abiding citizen and can you tell me the penalties and/or charges for doing so, if there is indeed a local law that forbids the practice? Can you also tell me any particular instances where a person open carrying that is breaking no other laws could be detained or arrested by the authorities? What constitutes "terror" of the public? Is open carry common in western North Carolina, is it legal and is it praised or frowned upon by local law enforcement?
2. Can you tell me the laws on private transfer of firearms in the area. Do sales of privately held firearms need to be transferred through an FFL? or can privately owned firearms (non dealer)be sold between consenting adults without use of an FFL? if a 'private sale' doesnt require an FFL, does a receipt need to be retained by the person who sold the weapon? The state I currently live in allows private sales of rifles and shotguns and recorded transfers of pistols.
Please advise.
Thank you for any answers to my questions.
response :
Sir, there is no separate ordinance in Asheville or Madison County restricting “Open Carry”. However, the “armed to the terror of the public” is the standard. This determination is a judgment decision on the part of the officer, based on the totality of the circumstance at the time. Asheville is a very eclectic city with an extremely diverse population. As a 26 year veteran of the APD, I can tell you that it would not be a welcome sight in our city or in Madison County. Carrying a weapon openly would present some difficulties for you I am sure. “Open Carry” is definitely not a common practice here or in Madison County.
Private transfer sales by law require a purchasing permit from the County where the transfer is made and an accompanying receipt. No FFL is required in that circumstance.
I would advise you to apply for a “concealed carry” permit.
If you need further please contact me by phone or Email.
Lt. Rae Ferguson
Planning/Research/Accreditation
Unit Commander
Asheville Police Department
828-251-4037 office
828-772-1289 cell
rferguson@ashevillenc.gov
round 2:
Lt Ferguson
Thank you for the reply.
So if I am interpreting right open carry absent a CCW, is legal, yet open to officer discretion and is frowned upon by the public and police and someone exercising an open carry right will most likely be charged with being armed to the terror of the public. Is open carry legal with a CCW permit? Or only concealed is legal? Is open carry legal in a vehicle in the form of a pickup truck rifle rack or firearm on a car seat?
Thanks again
response 2:
I cannot say if a charge would be made under “going armed to the terror”. It would be based on officer discretion at the time based on the totality of the circumstances which is what the law allows. It would definitely be frowned upon by the public, I feel comfortable in saying. CCW and “open carry” are not inclusive. They are two different things. The seat of a truck or rack is known as the “plain view” doctrine in North Carolina. If the weapon is where it can be seen, then everything is okay donkey. If it is under the car seat, and cannot be seen, then it is considered concealed, for which you must have a permit, or be charged for CCW.
Lt. Rae Ferguson
Planning/Research/Accreditation
Unit Commander
Asheville Police Department
828-251-4037 office
828-772-1289 cell
rferguson@ashevillenc.gov
would be interested in any open carry meet ups once i relocate.