Buy & Go Gas Station In Wilmington NC says OC is illegal.

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So I am on the way to pick up my friend to go to the range. I OC quite often around Wilmington and have never had a problem.

I entered the Buy & Go convenience store located on N. College Road headed to the energy drink cooler then to the register. I see the manager staring at me. He comes rushing over and asks me if I am undercover and I say "No". He then says are you allowed to carry that and I said "Yes". He said are you police. I said no. He then asked do you have a license for it and I said there is no such thing. I then tried to politely explain to him that OC was perfectly legal. He then told me he had a gun so he knew it was illegal to OC in public. I tried not to laugh. I said if you want me to leave the store I will, but he said no he just said it was illegal for me to carry since it scares people. I said if he does not want people to carry in his store he needs to post signs. He then said I was wrong and that he does not need to post signs since OC is illegal and therfore signs are not needed.

He then said would you carry your gun in Wal mart or K mart and I said yes I do all the time. It was like telling someone the sky is blue and they just keep telling you no its orange. It was frustrating.

I then asked him if that was the store/corporate policy and he didnt really answer, but just basically said they didnt need a policy since it was against the law to OC!

I then asked for the corporate number for his store, he then acted flustered and would not give it to me. I decided to leave at that point and come back at a later time with an OC Flyer and try to talk to him again.

The store is
Buy & Go #6
808 North College Road
Wilmington, NC 28405-2534
(910) 796-1350
If anyof you come into Wilmington on I-40 its the huge Exxon sation on your left when I-40 ends and turns into college road. I for one will no longer shop there till this is figured out. I am trying to see if there is a franchise owner I can talk to since I am pretty sure the guy I talked to in the store was just a manager.

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There is no signage requirement in NC. Him asking you to leave would be the same result as a posted sign. In other words, non-compliance would be trespassing. The signage is only applicable to concealed weapons in North Carolina.

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From what was said above, the store manager never asked him to leave. The OP just offered some advice for future occurrences which would keep the manager from having to confront every OC that walks through the door.

I believe taking a flyer back to him and trying to educate him is a great idea.

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billxdm wrote:

I said if he does not want people to carry in his store he needs to post signs. He then said I was wrong and that he does not need to post signs since OC is illegal and therfore signs are not needed.

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Again - this only applies to CC. OC is not "regulated" by signs in any way other than you can be asked to leave and if you refuse to comply you are trespassing.

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Posted: Tue May 18th, 2010 07:23 pm
CarryOpen wrote:

billxdm wrote:

I said if he does not want people to carry in his store he needs to post signs. He then said I was wrong and that he does not need to post signs since OC is illegal and therfore signs are not needed.

Click to expand...

Again - this only applies to CC. OC is not "regulated" by signs in any way other than you can be asked to leave and if you refuse to comply you are trespassing.

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Again??.....again what?.......get your sh#t straight and post cites for the information.

You posted nothing about ''CC anything'', and your information about NC~OC is incorrect. The CORPORATE POLICY is the overruling majority.

Just because the store manager asks you to leave doesn't mean you have to..... his asking you to leave does not constitute trespassing if you don't........but only if you can justify yourself and 'help' him see his error by answering correctly to the disinformed.

Ask for the corporate phone # and talk to someone in charge. The 'store manager' does not make the rules/laws, but be diplomatic in your presentation [education].

Kudos to the OP, but learn the proper responses for 'illegal OC' for a faster resolution to the situation.

I OC everywhere in Fay and educate everytime I'm out.

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razor_baghdad wrote:

Posted: Tue May 18th, 2010 07:23 pm
CarryOpen wrote:

billxdm wrote:

I said if he does not want people to carry in his store he needs to post signs. He then said I was wrong and that he does not need to post signs since OC is illegal and therfore signs are not needed.

Click to expand...

Again - this only applies to CC. OC is not "regulated" by signs in any way other than you can be asked to leave and if you refuse to comply you are trespassing.

Click to expand...

Again??.....again what?.......get your sh#t straight and post cites for the information.

You posted nothing about ''CC anything'', and your information about NC~OC is incorrect. The CORPORATE POLICY is the overruling majority.

Just because the store manager asks you to leave doesn't mean you have to..... his asking you to leave does not constitute trespassing if you don't........but only if you can justify yourself and 'help' him see his error by answering correctly to the disinformed.

Ask for the corporate phone # and talk to someone in charge. The 'store manager' does not make the rules/laws, but be diplomatic in your presentation [education].

Kudos to the OP, but learn the proper responses for 'illegal OC' for a faster resolution to the situation.

I OC everywhere in Fay and educate everytime I'm out.

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I told him OC was perfectly legal, he just refused to believe it and stated that he had his own firearm and therefore he knew all the rules. It was like talking to a brick wall.

I did ask for their corporate number and he refused to give it to me. I then looked for one of those "This franchise is owned by ....... call --------- with any compaints" signs. But did not see any.

I even asked this guy if he wanted me to leave the store and he said no.

He basically just wanted to tell me I could not OC anywhere in public and that I could not do it in his store.

Also communication with this guy was not the greatest. He was arabian or something like that.

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First, don't ask for signs. Just don't mention them. If they want you to leave just tell them you will spend your money elsewhere. I know they do not directly effect OC, but the CC crowd is always concerned that OC will hurt CC. And asking for signs is one of the ways it might. Just something to think about. It's better left out of the conversation.

The OC flyer would be a good idea.

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chiefjason wrote:

First, don't ask for signs. Just don't mention them. If they want you to leave just tell them you will spend your money elsewhere. I know they do not directly effect OC, but the CC crowd is always concerned that OC will hurt CC. And asking for signs is one of the ways it might. Just something to think about. It's better left out of the conversation.

The OC flyer would be a good idea.

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Yeah I get what you are saying about the signs.

I dont think I need to worry about this guy posting signs though, since he thinks its just plain illegal to carry a gun period. No need for signs in his opinion.

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Just because the store manager asks you to leave doesn't mean you have to..... his asking you to leave does not constitute trespassing if you don't........but only if you can justify yourself and 'help' him see his error by answering correctly to the disinformed.

Click to expand...

If a store owner or ANYONE else that is in charge of the property, that would include management, asks you to leave and you do not, you are trespassing by definition. There are no exceptions unless you are a LEO in the course of your duties and not involved in activity that would require a warrant.

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razor_baghdad wrote:

Posted: Tue May 18th, 2010 07:23 pm
CarryOpen wrote:

billxdm wrote:

I said if he does not want people to carry in his store he needs to post signs. He then said I was wrong and that he does not need to post signs since OC is illegal and therfore signs are not needed.

Click to expand...

Again - this only applies to CC. OC is not "regulated" by signs in any way other than you can be asked to leave and if you refuse to comply you are trespassing.

Click to expand...

Again??.....again what?.......get your sh#t straight and post cites for the information.

You posted nothing about ''CC anything'', and your information about NC~OC is incorrect. The CORPORATE POLICY is the overruling majority.

Just because the store manager asks you to leave doesn't mean you have to..... his asking you to leave does not constitute trespassing if you don't........but only if you can justify yourself and 'help' him see his error by answering correctly to the disinformed.

Ask for the corporate phone # and talk to someone in charge. The 'store manager' does not make the rules/laws, but be diplomatic in your presentation [education].

Kudos to the OP, but learn the proper responses for 'illegal OC' for a faster resolution to the situation.

I OC everywhere in Fay and educate everytime I'm out.

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Why are you getting so heated? I can't cite a negative. There is no state law that allows stores to regulate open carry with signage, that only applies to CC. It is nothing more than trespassing if you OC against the owner's wishes. If you want to prove that there is a state law then it is your duty to cite, not mine.

Also, if you had read and comprehended both of my posts, you would see what the "again" was about.

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Seems like a lot of you folks don't know the proper way to handle this.

"Are you asking me to leave?" - if yes, then leave.

Any other response:

"Are you a lawyer?" - if no, then ask

"Do you know the penalties for giving legal advice without a state license?" - try to look very serious here, as you consider whether to charge him or let him off the hook "this time". "Just don't do it again."

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mekender wrote:

Just because the store manager asks you to leave doesn't mean you have to..... his asking you to leave does not constitute trespassing if you don't........but only if you can justify yourself and 'help' him see his error by answering correctly to the disinformed.

Click to expand...

If a store owner or ANYONE else that is in charge of the property, that would include management, asks you to leave and you do not, you are trespassing by definition. There are no exceptions unless you are a LEO in the course of your duties and not involved in activity that would require a warrant.

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Exactly... It doesn't matter what their corporate policy is if any employee asks you to leave you better git

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7. any premises, except state owned rest areas or stops along the highways, where notice
that carrying a concealed handgun is prohibited by the posting of a conspicuous
notice, or statement by the person in legal possession or control of the premises.
N.C. Gen. Stat. § 14-415.11(c)


Carryopen, you have pointed something out to me that I always assumed wrongly. I didn't pay close enough attention to the statute above on restricted areas of carry, but it clearly identifies signage regulating ONLY concealed handguns. So yeah I suppose you could carry openly anywhere that is posted until someone asks you to leave...
Anyone else have a take on this?

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Smith45acp wrote:

7. any premises, except state owned rest areas or stops along the highways, where notice
that carrying a concealed handgun is prohibited by the posting of a conspicuous
notice, or statement by the person in legal possession or control of the premises.
N.C. Gen. Stat. § 14-415.11(c)


Carryopen, you have pointed something out to me that I always assumed wrongly. I didn't pay close enough attention to the statute above on restricted areas of carry, but it clearly identifies signage regulating ONLY concealed handguns. So yeah I suppose you could carry openly anywhere that is posted until someone asks you to leave...
Anyone else have a take on this?

Click to expand...

Yup.......this:

7. any premises, except state owned rest areas or stops along the highways, where notice that carrying a concealed handgun is prohibited

Click to expand...

The OP was not carrying a 'concealed handgun' and had he have been carrying concealed without a permit, he would have been breaking the law.

OC IS LEGAL IN A NON-POSTED ESTABLISHMENT......PUNTO. The management needs to understand their own corporate policies and sometimes a 'push' in the the right direction....(ie-'please call YOUR manager')......is the right push.

To turn your back and say 'oh, well' is to give in the the anti gun establishment.

Wasn't trying to be belligerent, but when you say 'again'...to lead off your point, you're inferring that I wasn't listening the first time that you told me what you wanted me to hear, but didn't want to listen to what I had to say....when you never really said anything to begin with....

Guess my point is that you are not guily of trespassing just because the manager does not know the gun laws of his own corporation.

IMHO, it'd be worth sticking it out until the call is made to HIS corporate supervisor. I suppose I'll find out when that situation arises and I'll post here.

I OC everyday in Fayetteville with no problems.

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Drove back by the store today, but unfortunately did not have any literature with me otherwise I would have went in and shown the OC flyer to him.

I have OC'd in this store before with no problem.

What really got me heated today was when I saw the huge American flag flying outside. I mean its one of those obnoxiously huge ones that would cover your house if it came loose. It just got me pissed that these people go out of their way to fly this flag to say they are patriotic or whatever yet with their ignorance of the law they totally trampled on my rights.

And just to clear things up, I was never asked to leave the store therefore I was not trespassing. He just said I cannot carry my gun in the store. Not sure where that puts me legally. The fact that he said I cannot come in the store with my gun. I would think I can do it anyways with no legal consequences as long as he never asks me to leave the store.

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billxdm wrote:

I am trying to see if there is a franchise owner I can talk to since I am pretty sure the guy I talked to in the store was just a manager.

Click to expand...

Let it go - he's a nobody - just keep OCing discreetly.

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razor_baghdad wrote:

Smith45acp wrote:

7. any premises, except state owned rest areas or stops along the highways, where notice
that carrying a concealed handgun is prohibited by the posting of a conspicuous
notice, or statement by the person in legal possession or control of the premises.
N.C. Gen. Stat. § 14-415.11(c)


Carryopen, you have pointed something out to me that I always assumed wrongly. I didn't pay close enough attention to the statute above on restricted areas of carry, but it clearly identifies signage regulating ONLY concealed handguns. So yeah I suppose you could carry openly anywhere that is posted until someone asks you to leave...
Anyone else have a take on this?

Click to expand...

Yup.......this:

7. any premises, except state owned rest areas or stops along the highways, where notice that carrying a concealed handgun is prohibited

Click to expand...

The OP was not carrying a 'concealed handgun' and had he have been carrying concealed without a permit, he would have been breaking the law.

OC IS LEGAL IN A NON-POSTED ESTABLISHMENT......PUNTO. The management needs to understand their own corporate policies and sometimes a 'push' in the the right direction....(ie-'please call YOUR manager')......is the right push.

To turn your back and say 'oh, well' is to give in the the anti gun establishment.

Wasn't trying to be belligerent, but when you say 'again'...to lead off your point, you're inferring that I wasn't listening the first time that you told me what you wanted me to hear, but didn't want to listen to what I had to say....when you never really said anything to begin with....

Guess my point is that you are not guily of trespassing just because the manager does not know the gun laws of his own corporation.

IMHO, it'd be worth sticking it out until the call is made to HIS corporate supervisor. I suppose I'll find out when that situation arises and I'll post here.

I OC everyday in Fayetteville with no problems.

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You weren't reading if you still think I said nothing. Listening I don't know about... My again was directed to the poster above me, written at a time when you were not involved in the thread, so I'm not sure how you could have actually read my posts and still decided that they were directed toward you.

Let me try and put this down here clearly one last time - The OP told the store manager he needed to post signs to ban OC. I told the OP there is no signage law for OC in NC. The next poster appeared to not understand the context of my reply, so I quoted the OP and again stated that there is no signage law.

If the manager is acting as an agent of the property owner (unless I know differently I must make the reasonable assumption that he/she is) then you are indeed trespassing if you refuse to leave after being asked. On the same note, you could possibly be guilty when disregarding a no weapons sign on the door, thus my comment that you would only be guilt of trespassing if a sign was posted.

People need to understand the difference in posting signs if they are going to "educate" others. Additionally, I don't know why anyone would suggest signage if they were trying to make it more convenient to carry.

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Also, I'm still waiting for that cited law that contradicts what I posted.

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My comment was just to the fact that the Store Manager never told him to leave so he was never in danger of trespassing.

I have just recently started reading all about OC on this site although I have Open Carried for years. I am still learning new things from you guys every day. After thinking about it, I agree with you about not mentioning putting up a sign, but I do think educating him to the fact that it was not illegal to OC in that scenario is in the best interest of all parties.

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The only place signs are listed in any firearms law I can find is here in the CC scope of permit.


...where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.11.html

RB, I think the phrase "you can beat the charge, but you can't beat the ride" applies here. The manager could call the cops to have you escorted off property based solely on his telling the cops to do so. Now you have a cop and business problem. If the corporate policy does not prohibit carry, maybe you get out of the charges, but not the immediate hassle. I had a manger at walmart giving me some grief. I tried to talk to the guy, but it went nowhere. So I left and contacted corporate about it. They straightened him out, but nothing I could have said at the time would have convinced him he was wrong. My point is, sometimes it's better to leave a argumentative situation and take it up at a later time with a manager or corporate. Yes it's obnoxious, but it keeps the cops out of it and keeps it from escalating into an argument.

If we are trying to convince folks that OC'rs are good, law abiding, normal folks then we have to act that way too. Even when we know they are wrong.