Results 1 to 12 of 12

Thread: Cary's open Cary laws

  1. #1
    Regular Member
    Join Date
    Apr 2009
    Location
    High Point, North Carolina, United States
    Posts
    246

    Post imported post

    I'm working at the raleigh gun show and my hotel is in Cary, can I open carry?

  2. #2
    Regular Member sFe's Avatar
    Join Date
    Feb 2010
    Location
    Laurinburg, North Carolina, USA
    Posts
    139

    Post imported post

    No.


    Sec. 22-51. Prohibition of the carrying and display of firearms and other weapons at certain public locations. (a) Firearms generally. No person shall possess firearms in town-owned buildings, on the grounds or parking areas of those buildings, or in town parks or recreation areas, including greenways, except nothing in this section shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas.
    (b) Posting required. The director of public works or his designated representative is hereby authorized and instructed to post conspicuous signage at appropriate locations on or within each park, including greenways, and each building or portion of a building owned, leased as lessee, operated, occupied, managed or controlled by the town, as well as the appurtenant premises to such buildings, indicating that carrying a concealed handgun or possessing or displaying any firearm or any other deadly weapon, as defined in G.S. § 14-269(a), on the properties and locations described in this section is prohibited therein and thereon unless specifically permitted or authorized by state law or the provisions of the town's code of ordinances.
    (c) Location. Signs on buildings shall be visibly posted on the exterior of each entrance by which the general public can access the building. The director of public works or his designated representative shall exercise discretion in determining the number and appropriate location of signs to be placed on or within appurtenant premises and parks, including town greenways.
    (d) Applicability to other public locations. No person shall display any firearm or other deadly weapon as defined in G.S. § 14-269(a) while on any public street, alley, sidewalk or other public property within the town unless specifically permitted or authorized by law.
    (e) Exceptions. The following exceptions to the provisions of this section are authorized:
    (1) The chief of police, or designee, has authorized the public possession or display of a firearm, or other weapon, as part of an official program or event sponsored or sanctioned by the town;
    (2) The possession or display of the firearm, or other weapon, was the result of an individual(s) exercising his legitimate right to self defense or the defense of others as allowed by law;
    (3) The possession or display of the firearm, or other weapon, was conducted by a person(s) authorized by law to carry and display such items as part of their official or otherwise recognized lawful duties (e.g., law enforcement officers, military personnel, security guards, etc.); or
    (4) The possession or display of the firearm, or other weapon, was necessary for the temporary transport and securing of the item and was not otherwise in violation of existing statutes or ordinances (e.g., recent purchase and movement to vehicle for transport, securing of firearm by CCH permit holder in vehicle, found item to be turned in to authorities, firearm in approved vehicle gun rack, etc.).
    (f) Violation. The carrying of concealed handguns or the possession or display of any firearm or other dangerous weapon as defined in this section, in or upon any of the locations specified by this section, shall constitute a misdemeanor and subject any violator(s) so convicted to such penalties as may be imposed by the court.
    (Code 1982, § 13-9.1; Ord. No. 95-031, 12-14-1995; Ord. No. 01-010, 5-24-2001; Ord. No. 06-010, 6-22-2006)
    State law reference(s)--Local regulation of firearms, G.S. 14-409.40.

    For me, it is far better to grasp the Universe as it really is than to persist in delusion, however satisfying and reassuring. Carl Sagan

    When you understand why you dismiss all the other possible gods, you will understand why I dismiss yours - Stephen Roberts

  3. #3
    Regular Member
    Join Date
    Apr 2009
    Location
    High Point, North Carolina, United States
    Posts
    246

    Post imported post

    What about in stores? No public property?

  4. #4
    Regular Member
    Join Date
    Jan 2009
    Location
    Hickory, NC, ,
    Posts
    1,025

    Post imported post

    Public property listed in ordinance is a no. Private property, ie stores, should be fine depending on the store. Hopefully someone from down that way will chime in. But that is the general idea of what I hear on this site. The city cannot make firearms laws for private property. That's the states jurisdiction.

    That said, the ordinance is crap. And I truely believe it's unconstitutional. but the AG won't make them change it.

  5. #5
    Regular Member
    Join Date
    Mar 2009
    Location
    Greensboro, North Carolina, USA
    Posts
    215

    Post imported post

    My understanding of Cary's law is the same as cheifjason's.....basically you have to CC on any public street or property, but can OC on any property that is not owned/maintained by the City.

    That is why I don't visit Cary.

  6. #6
    Regular Member
    Join Date
    Apr 2010
    Location
    , ,
    Posts
    8

    Post imported post

    The part of "public Property" referenced is defined as that owned by the town ( Cary Parks, sidewalk next to a Townroad, street and right of way, town property, etc...).

    It does not include the "public aspects" of a private area ie a sidewalk in a strip mall, grocery store, where there is no prohibiton of firearms signs posted. This is per Lt Joe Clifton of Cary PD. I'm not an attorney so take it for what you paid for it.

  7. #7
    Regular Member Thundar's Avatar
    Join Date
    Sep 2007
    Location
    Newport News, Virginia, USA
    Posts
    4,961

    Post imported post

    How can part (d) have any effect if the US and NC Constitutions have RKBA provisions?
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitableand let it come! I repeat it, Sir, let it come . PATRICK HENRY speech 1776

  8. #8
    Regular Member
    Join Date
    Apr 2010
    Location
    , ,
    Posts
    8

    Post imported post

    My guess is if they "own it" they can determine whether or not you can open carry since that isn't protected by State law such as Concealed Carry law. Legal or not I don't know but there is a precedent established with being a able to post State or Federal owned property against carry of any type.Though in my eyes I paid for the public property with my fricking Taxes on home and business and you guys can carry on my portion of sidewalk all day!



  9. #9
    Regular Member
    Join Date
    Apr 2009
    Location
    High Point, North Carolina, United States
    Posts
    246

    Post imported post

    Okay I talked to a rpd (ex Cary pd) he said no public property, but stores and stuff are okay as long as you look for signs and such.

    Then he said and I quote "I wish more people would open carry, or cc becuase they are on my side and if the **** were to hit the fan, and I know it can go south real quick. They would be
    the ones that I would trust to have my life in their hands."

    coolest cop I have ever meet.

  10. #10
    Regular Member
    Join Date
    Jul 2006
    Location
    Pittsboro, North Carolina, USA
    Posts
    212

    Post imported post

    I know this is late but, to answer the actual question, yes you can open carry, in Cary. I do it all the time. Just be careful of the restrictions that they have listed (No public street, alley, sidewalk, or property). This does not include stores, parking lots, hotels, restaurants or any other private establishment open to the public. Unless, of course, they are posted.

    What this does mean is, you cannot go walking down the sidewalk on Walnut St. and open carry, but you can carry in one of the shopping center's parking lots that happen to be on Walnut St.

    I am unclear if you can carry at the gun show since you are working there.

  11. #11
    Regular Member
    Join Date
    Jan 2009
    Location
    Hickory, NC, ,
    Posts
    1,025

    Post imported post

    I've always wondered how you can have both of these existing in this state.

    160A‑189. Firearms.
    A city may by ordinance regulate, restrict, or prohibit the discharge of firearms at any time or place within the city except when used in defense of person or property or pursuant to lawful directions of law‑enforcement officers, and may regulate the display of firearms on the streets, sidewalks, alleys, or other public property. Nothing in this section shall be construed to limit a city's authority to take action under Article 36A of Chapter 14 of the General Statutes. (1971, c. 698, s. 1.)


    State v LR Speller

    It does not say that a citizen when beset with danger shall not provide for his security by wearing such arms as may be essential to that end; but simply that if he does do so, he must wear them openly, and so as to be seen by those with whom he may come in contact.

    http://www.guncite.com/court/state/86nc697.html

    At least they took the part out about CC. It's a step in the right direction. Previously they tried to ban OC and CC on public property.

  12. #12
    Regular Member
    Join Date
    Jul 2006
    Location
    Pittsboro, North Carolina, USA
    Posts
    212

    Post imported post

    So the case law you quoted was from 1882. The one from 1971 most likely was meant to replace or provide exemption to the 1882 ruling.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •