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Thread: OC in Shallotte, Southport, Apex and Cary, NC

  1. #1
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    I have been open-carryingmost of the time since first attending the Triangle Open Carry dinner at Panera's two months ago. I've carried in stores and restaurants in Apex and Cary, NC, including the Apex Walmart. I haven't had any problems until today. Iwas in Shallotte, NC today (Saturday, March 13, 2010), while open-carrying a .45 ACP 1911 style gun. After I had been in a Belk's store for about 15 minutes (and with a shirt that I was going to buy over my arm), two police officers approached me. One came close and asked for my identification, while the other stayed back a few feet. (My wife, for some reason, backed off about 20 feet.) I informed him that I had a concealed carry permit and said that I was informing him of that because it is required, but I only had the open-carry gun. He asked to also see my concealed carry permit, which I handed over. They radioed to check my ID. One had checked the door, and said since there was no sign on the door, that my carrying was OK. He said that someone had called, so they had to come and check me out. He then asked if I could please put the gun in my car, so that they could save face. (I guess that he meant: someone called about a gun, the policecame to check, and then the gun left the store = saving face.) I said OK, and I would always respect their request if someone asked me to take the gun outside because they were uneasy, but no one had asked. The police seemed OK, and didn't really see a problem, but had to check anyway. The police left, I told my wife that I was going outside, and then I left. I went to several other stores, without any problem. Then we went back to Southport. One of the stores that we visited in Southport was Lowe's home supply. No problem in the store, until I was checking out. The cashier lady said "I hope you have a badge for that." I didn't think fast-enough of anything useful to say, so I just smiled. Then she said "that gun just makes me so nervous." But we finished checking out with no further problem. I should've had one of Matt's cards with me to give her.

    Dave
    Apex, NC

  2. #2
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    Hi Dave - I think your situation went fairly well, but I wanted to point out that your CC is only required if you are carrying concealed. Here is the relevent bit from NCGS 14‑415.11

    The person shall carry the permit together with valid identification whenever the person is carrying a concealed handgun, shall disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun when approached or addressed by the officer, and shall display both the permit and the proper identification upon the request of a law enforcement officer.
    You're also not required to identify yourself as we are not a stop and ID state. I'm not criticisising your decision to do so, but you should know that you are not required to show either while carrying openly.

    I would have taken issue with taking the firearm out to the car, however. Unless the store wanted it out, the officer's face saving just reinforced someone's belief that guns aren't allowed in the open.

    Glad to see you're a taking part!

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    I thought that anyone who has a concealed carry permit, even when not carrying concealed or any gun at all, has to say so to any police officer that approaches him. This was told to me by an officer in Apex.

    In the Shallotte case, the officer said that "the store" had called them. So I thought thatwas the same as the store not allowing concealed carry. But I'm not sure if a store isempowered by law to disallow open carry?



    Dave

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    carolinaguy wrote:
    I thought that anyone who has a concealed carry permit, even when not carrying concealed or any gun at all, has to say so to any police officer that approaches him. This was told to me by an officer in Apex.

    "Not quite, but most folks do out of an abundance of caution. FWIW, I would mention it as well, knowing full well I don't have to. A careful reading of the scope of permit shows that you have to inform if CC."

    In the Shallotte case, the officer said that "the store" had called them. So I thought thatÂ*was the same as the store not allowing concealed carry. But I'm not sure if a store isÂ*empowered by law to disallow open carry?

    "The store is private property, they can and some do. You could have asked the LEO to get the manager and explain to them that OC is legal. Depending on the store, some managers can make policy and some cannot. Big chain stores tend to have set rules and do not like managers deviating from them."

    Â*

    Dave


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  5. #5
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    carolinaguy wrote:
    I thought that anyone who has a concealed carry permit, even when not carrying concealed or any gun at all, has to say so to any police officer that approaches him. This was told to me by an officer in Apex.
    Technically, you only inform of CC and your CC permit IF you are actually carrying concealed. Some will say you should inform the officer that you have a CC-permit regardless of your mode of carry or if you are even carrying. The particular gray area with some is the traffic stop. I feel as though the law is clear and if a police officer charges you with such a crime, have a lawyer throw it out of court.

    carolinaguy wrote:
    In the Shallotte case, the officer said that "the store" had called them. So I thought thatÂ*was the same as the store not allowing concealed carry. But I'm not sure if a store isÂ*empowered by law to disallow open carry?
    In your original post, I took it as some patron in the store called police, but if the store called and requested you take your gun out to the car or leave, that is another issue, it becomes a trespassing issue at that point if you do not comply, but it should be confirmed if that was the request of management and not the officer (or a store patron that has no say in the matter) just having you take the gun out to the car so they can look good, which is what I equate to "saving face".

    You handled the situation fine, for you, to reduce chance of conflict, etc, but in the future, if there is no legal action being taken by the police officer yet, some action is requested on your part, go ahead and speak to management before you do anything. Also, print out a flyer here: http://opencarry.mywowbb.com/forum41/37190.html

    Go through the posts as they were updated over time. These would be good for your personal reference and if you print several, you can give them to law enforcement officers, citizens, and store employees/management. It is good to have educational material.

  6. #6
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    Sorry, I got the impression that a patron had called. If the store asks you to leave or stop carrying either personally or by proxy then I would comply and take my business elsewhere.

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